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CONTESTED-ELECTION CASE 

"of 

PETER F. TAGUE 


JOHN F. FITZGERALD 


FROM THE 


TENTH CONGRESSIONAL DISTRICT 
OF MASSACHUSETTS 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1919 











CONTESTED-ELECTION CASE 


OF 

F. TAGUE V. JOHN P. PITZGEEALH, 

FKOM THE 

TENIH CONGRESSIONAL DISTRICT OF MASSACHUSETTS. 


NOTICE OF CONTEST. 

Boston, Mass., 

Hod. .John F. Fitzgerald, December 26, 1918. 

39 It ells Avenue, Dorchester, Mass. 

D]^4r Sir: \;oii are hereby notified that I, Peter F. Tagiie, shall contest before 
Representatives of the Sixty-sixth Congress of the United States 

‘i-T.* body as a Member from the tenth congressional 

district of Ma.ssachiisetts, which you claim to hold as a result of the election 
held on No^ ember o, 1918, on which date you and I were candidates for tho 
said othce of Congressman. I shall contest your right to the election and to the 
seat in said Sixty-sixth Congress for the following rlaS)!^ to wuT 

1. At the Demociatic primary held on September 24, 1918, at which voii and T 
were candidates, I claim that I received more votes than you and that I should 
have had the nomination of the Democratic Party. isiiouia 

J pi-iniary you were fraudulently credited with votes which did 

not belong to jou, and I was fraudulently denied votes which shouhl have been 
counted for me. The names of soldiers who were absent on the field of battle 
or serving their country were fraudulently voted on, and also the names of 
''' ^ T service and who were absent from the city, par- 

t^^e sons of your associates and, prominent kip- 
poiteis. The said primary was not conducted in accordanr th the reouire- 
ments of the law of Massachusetts. ^ 

(&) Ballot boxes were illegally used. 

(0) Many names of those who were unable to vote or did not vote in person 
were fraudulently voted on. ^ 

• Several hundred votes were fraudulently cast for you in wards 5 and 6 

in sakMwards^S mid 6^ outside the district and who had no right to vote 

(e) Ballots were procured for use in ward 5 in violation of law, and in other 
detmls tbe said primary was illegal and fraudulently conducted in defiance of 
State and Federal laws. 

II. At the recount which was asked for in accordance with tlm statutes of 
Massachusetts, the election commissioners of the city of Boston, which held’ the 
recount, in defiance of the law of IMassachusetts, refused to count for me 
more than 100 ballots which should have been counted for me, and \Ahich if 
counted, would hai'e resulted in a decision from the election commission of the 
to^'^m^^ giving me moi-e votes at the said primary than was accorded 

(a) The saul election commission of the city of Boston conducted the said 
recount in an illegal manner and against all custom and law. 

(b) They refused to protect the ballots; they refused information as to 
where the ballots were kept and as to how they were protected. The ballot 
boxes were kept in vaults to which anybody had access during the day. One 




4 


TAGUE VS. FITZGERALD. 


of tlie election commissioners so conducted liimself by publicly 

that “ even though he were wrong, he was glad he was wrong and would stay 

^ (cf For the purpose of preventing me from protecting my rights, the sahl 
election commission deliberately, fraudulently, and willfully delajei le 
count for over a week with the purpose thereby of depriving me a propei 
appeal for the protection of my rights to the people of the tenth congiessional 

district, and other legal redresses. i ’ 4 = 

(d) Said commission refused to abide by the advice of the coipoiation 

counsel of the city of Boston to permit me to see the ballots. 

III. Because the hearing before the ballot law commispon of the Comm in- 
wealth of IMassachusetts was conducted in an illegal, fraudulent, improper, 
prejudiced manner by the said ballot law commission, 11101 e specitica j a 

(a) Many witnesses summoned by the legal authority of the commission, 
the sergeant at arms, either refused to come when so summoned or the seigeant 
at arms was unable to locate them at their home residences or anywhere else 
within his jurisdiction. Said witnesses were kept from the hearing by the 
influence of vour manager, viz., Alartin M. Lomasney, and members ot the 
Hendricks Cliib of ward 5, who were in constant attendance at the hearings, 

conducting the case in your behalf. , 4.1 • 

(h) The commission refused to summon witnesses, although then nan es 
and addresses and suflicient money to summon said witnesses \^ere in the pos¬ 


session of the commission. . 

(c) The commission refused to hear any evidence or con.sider illegal votin.., 

in said primary election. , , 

(r/) TliG coniinission rofiiSGcl to jillow cros^-GXRiiiinution of \Aitn 0 SSGS. 

(c) The commission refused to allow testimony by police officers concerning 
voters whose registration and illegal voting was alleged and who ^^ele ‘ 
iiioned for the purpose of proving that they were not entitled to vote and that 
they had voted for Fitzgerald. 

if) Although said commission ke]it hampering and urging speed and retu.s- 
ing time to adequately examine witnesses, the said commission fraudulently 
withheld its decision several days and until a few minutes before the ballots 
liad to be printed, for the purpose of thereby preventing me from appealing 
to the courts of Ma^ sachusetts for the protection of my rights and reversal 


of their decision. 

ig) Because counsel for you admitted 37 cases of illegality and fraud. 

(//) The commission in its report, found that fraud prevailed in the said 
primary election. 

IV. As a comequence of the delay of the Massachusetts ballot low commis¬ 
sion in rendering their decision, it was necessary for me to run on stickers, 
because it was impossible to get my name printed on the ballots, the .'■aid bal¬ 
lots having already been printed by the State printer, and the time having 
expired for independent nominations before the primary took place. 

V. Said election was conducted in an illegal and fraudulent manner to wit: 

(«) By permitting several hundrecl men to vote in ward 5 and 6 who were 

not entitled to vote there and who lived outside the district and have continued 
to live outside the distinct for many years. 

(h) When an attempt was made to challenge said voters, those who ques¬ 
tioned them were assaulted and coerced from the polling booths where said 
illegal voting was going on so that it became impo.-sible to challenge said ille¬ 
gal voters. 

(c) Your agents pretending to be advocates of myself, stood at the polling 
l)ooth in the East Boston wards, fraudulently handing out stickers with my 
name on them but with no gum attached to said stickers so that when said 
stickers were placed on the ballots,, instead of adhering thereto, they naturally 
fell off and disappeared in the handling of said ballots, thereby fra\idulently 
depriving me of many votes in said wards, all for the purpose ot preventing 
the voter from expressing his choice and voting for me. 

{d) Money was used at said election in defiance of Federal law, voters being 
promised money for voting for you. 

(e) In ward 5 the large vote which was cast for you was composed in great 
part of those who had been colonized in said ward for the purpose of manipula¬ 
tion by the political organization of said ward, which colonization and illegal 
registration and illegal voting was contrary to the State and Federal law. 


TAGUE VS. FITZGERALD. 


5 


/ from said ward 5 were withheld until all other precincts 

AAeie heard from, although the office of the election commissioners to which 
returns are to be made is located in ward 5, and the booths in which said 
place are the nearest to the city hall of the city of Boston, to 
which the returns ot the election must he made. 

"S I. The recount of said election, which I petitioned for in accordance with 
law, ^Yas conducted illegally, improperly, and my rights were grossly violated. 

(u) By said election comiuission refusing to count for me several hundred 
stickers \yith my name thereon, which had been placed on the ballots indicating 
the intention of the voter to vote for me. 

(h) Refusing to count many ballots on which my name' was written by the 
voter. 

(<^) Bj counting for you many ballots, all of which were manifestly intended 
tor me or should not have been counted for you. 

(tZ) By refusing to count for me ballots on which it wms manifested that a 
sticker had been placed, but wdiich had been removed or which had fallen off. 

(6) Bj^ refusing to count for me over 100 ballots, wherein the sticker had 
been marked for me but wherein the ballot had been tampered with by a cross 
against some other candidate’s name. 


if) i*y refusal on the part of the election commission, as required by law, 
to consider and decide the votes which had been challenged at sard election. 

iff) By the conduct of the commissioners as expressed by one of the com¬ 
missioners, w’ho said he ’would not sign a corrected return. 

(h) By other misconduct on the part of individual election commissioners 
and officials, thereby showing the prejudice in your favor and against me. 

You are further notified that in this contest I shall ask that all of the illegal, 
improperly marked, improper, fraudulent votes cast for you and counted for 
you shall be throwui out and excluded; and all votes cast for me at said primary 
and election and wdiich in the canvass of the result of the primary and election 
'were disregarded, disallowed, and excluded be counted and allowed to me, and 
that all the votes properly and legally cast should be counted, and that, when a 
correct count is made of the legal votes actually cast for you and for me that 
the return as made by the board of election commissioners and canvassing 
board be set aside, and that your certificate of election to said office be issued 
to me. 


You are further notified that within the time and the manner now provided, 
or wfithin such time as may be fixed by the order of the said House of Repre¬ 
sentatives, I shall, if so advised, amend the foregoing notice and supplement the 
same, with other and further grounds of contest. 

You will take due notice that I shall demand a recount and a recanvass 
of all the votes cast for the office of Congressman for the tenth congressional 
district of Massachusetts at the primary on September 24, 1918, and election 
held November 5, 1918, and a complete investigation of the several charges and 
allegations set forth in this notice of contest, and that by reason of the facts 
herein stated I shall demand a seat in the Sixy-sixth Congress from the tenth 
congressional district of Massachusetts. 

Very truly, yours. 


Peter F. Tague. 


Suffolk, ss: Boston, December 30, 1918. 

I have this day at 4.5 minutes past 6 o’clock p. m. served the within notice 
upon the within-named Hon. .John F. Fitzgerald, by delivering to him in hand 
a notice of which the within is a duplicate notice. 

Fees. —Service, .$1; copy, $1; travel, 10 cents; total, $2.10. 

Edmund P. Kelly, 

Deputy Sheriff. 


ANSWER TO NOTICE OF CONTEST. 

And now comes John F. Fitzgerald, the contestee, who, on November 5, 1918, 
was returned as elected a Representative in Congress from the tenth Massachu¬ 
setts congressional district by a plurality of 238 votes, and says: 

That the contestee had served this district for three terms in Congress; that 
for 6 years he had been mayor of Boston; that for 30 years he had been 
prominent in the civic life of Boston; and that during all these years had occu¬ 
pied a position of recognized leadership in the political life of the city; that he 


6 


TAGUE VS. FITZGERALD. 


had been an active advocate of the nse of Boston Harbor as a ?reat shippinc: 
port, and has always been active in trying to make Boston a great commercial 
and industrial center; that within this congressional district are all the large 
business establishments of Boston, and that in response to the insistent demands 
of many leading citizens in the civic and commercial life of Boston the con- 
testee became a candidate for Congress, was elected fairly, pro])erly, and 
legally, and not through the violation of any State or Federal laws, rules, or 
regulations. 

And more particularly answering the grounds, reasons, and points of con¬ 
test contained in the notice and alleged specifications of the contestant, the 
contestee says: 

1. That the contestant’s first and second specifications set out allegations 
substantially and materially the same as were considered and passed upon by 
the State ballot-law commission, upon a petition by said contestant objecting to 
the nomination of said contestee, said commission having final jurisdiction over 
contested primary elections. (Acts and Resolves of the Commonwealth of 
Massachusetts for the year 1913, chap. 835, sec. 214.) Wherefore the con¬ 
testee objects to present consideration of the grounds, reasons, and allegations 
contained in the contestant's first and second specifications and the subdivisions 
thereof. 

And as a further cause for demurrer, the contestee says that primary elec¬ 
tions are wholly and peculiarly within the jurisdiction of the State authorities, 
and entirely outside the purview of a congressional committee examining into 
a contested election. 

Without waiving the above demurrer, the contestee denies each and every 
allegation set forth in the fir.st and second specifications and the subdivisions 
thereof. Ajid further answering, the contestee says that the said ballot-law 
commission unanimously made the following findings: 

“ The issues heard by us were illegal voting and alleged fraud on the part 
of the election commissioners of the city of Boston in conducting the recount 
of votes, cast for this nomination in the primaries on September 24, 1918. 

“ Because of the importance of these issues bearing uix)n the integrity of the 
election and the conduct of a public board we file this memorandum with our 
decision. 

“ The fraud alleged on the part of the election commissioners consisted in 
the obtaining of 1,000 additional ballots from the State printer on the after¬ 
noon of the primary to provide for anticipated shortage; and the delay in 
granting Mr. Tague an inspection at the recount of the unused ballots in an 
endeavor to discover 50 Democratic ballots claimed to have been cast and not 
counted in ward 5, precinct 4. It appeared that the crank of the registering 
ballot box could not be found at the opening of the polls at 6 a. m., whereupon 
the emergency ballot box was used until 8.15 a. m.. when the ballots taken in 
the emergency box were publicly, one by one, taken out and transferred to the 
registering ballot box. The ballots cast and not cast in this precinct were 
counted by us and the names checked on the voting list agreed with the total 
number of ballots cast. The total of ballots cast and not ca.st also agreed with 
the number of ballots furnished by the secretary of the Commonwealth. 

“ We find that this use of the emergency ballot box and the transfer of the 
ballots.to the registering ballot box were not fraudulent and they in no way 
affected the result of the election. 


“ In Mvard 5, precinct 3, the canceling device of the registering ballot box did 
not print the precinct number, although the cancellation in all other respects 
was pei-fect. This could not be discovered until^the polls were closed and the 
ballot box was opened. It was claimed that the ballots in this precinct should 
all be rejected because of this defect. The voters who voted in this precinct 
can not be disfranchised by this defect of the canceling device. 

“ T'Uiu-’- (in tl'p iiart of some of the precinct officers were shown, 

but they in no Avay affected the result. 

“ The rule of law governing us on this branch of the case is stated by Attor¬ 
ney General Billshury in Russell’s Massachusetts Flection cases, page 52; 
‘ It is a settled rule of election law that mistakes or fraud of election officers 
shall not invalidate a vote lawfully and regularly cast, and that is a salutary 
rule in the interest of the public no less than of the voter.’ 

“ Three cases of illegal voting upon the names of registered civilians were 
proved. 

“ It was alleged that 17 illegal votes were cast upon the names of soldiers 
and sailors in the United States service claimed to be absent at camps or sta- 


TAGUE VS. FITZGERALD. 


7 


tioiis, so that they could not have been in Boston on the days, of the primaries. 
In fave cases this has been proved. In the remaining 12 cases information 
ot the whereabouts of these men on the day of the primary whicli we liave 
sought by direct communication with the Army and Navy has not been received. 

4 . governing cases of illegal voting is stated by the Supreme Court 

ot this Commonwealth in First Parish v. Stearns, 21 Pickering, 148, and in the 
contested election case of Alexander v. Doyle, Russell’s Massachusetts Election 
cases, page .o7; the latter case decided in 1894, since the adoption of the 
Australian ballot system. 

_ “ The rule in these cases is that in order to set aside the election of a person 
It IS necessary not only to prove that fraudulent voles were cast at the election 
luit also for whom they were cast, and that the number was sufficient to change 
the result. 

“Applying the above rule and assuming that all those were illegal votes and 
were cast for John F. Fitzgerald, which has not been proved, the result would 
not be changed, for if all of these illegal and alleged illegal votes were taken 
from his total number he would still have a majority of the votes cast. 

“ Henry V. Cunningham. 

“ Francis W. Estey. 

“ Thomas IM. Vinson.” 

2. The contestee denies each allegation contained in the third specification 
and all the subdivisions thereof except (e) ; and in answer thereto, says, that 
the ballot law commission refused to consider the question of registration of 
voters because it was a matter wholly within the jurisdiction of the Board of 
Election Commissioners (Acts of 1918, chap. 81). 

And further answering, the contestee says that the contestant was given every 
opportunity to establish his objections to the nomination of the contestee, the 
hearing having begun October 8, and concluded October 29, 1918, being the 
longest and most exhaustive inquiry ever conducted by the ballot law commis¬ 
sion. 

And further answering, the contestee says that the contestant filed his objec¬ 
tions to the nomination of said contestee on October 7, whereas, in compliance 
with statutory requirements, it was necessary to file them no later than 5 p. m. 
September 30. 1918. (Acts of 1913, chap. 835, sec. 204.) Notwithstanding the 
contestant’s failure to comply with the law, the ballot law commission decided 
to, and did, hear his objections; and with this decision by the commission to 
give the contestant every fair and reasonable opportunity to prove his case, the 
contestee heartily agreed and publicly announced his wish for the fullest in¬ 
quiry, 

3. The contestee denies that there was any delay on the part of the ballot 
law commission as set forth in the fourth allegation. And further answering 
says that the time taken by the commission in no way prevented his name from 
being printed on the ballot, for if their decision had been made on the very day 
that the olijections were filed, it would have been impossible for the contestant’s 
name to have been printed on the ballot, because the last time for filing inde¬ 
pendent nominations was September 2G. 1918 (Acts of 1918, chap. 293, sec. 33). 

4. The contestee denies each and every allegation in the fifth specification and 
specifically answering (h) of said specifications, the contestee says that the 
contestant had every opportunity to investigate the question of registration of 
voters and, if any were illegal, to have them stricken from the voting list in 
the manner i)rescribed by acts of 191G; chapter 81, but he failed to do so. 

5. The contestee says that the recount of said election was conducted legally, 
with the greatest degi’ee of fairness, and with the utmost publicity; that each 
contested ballot was examined, considered, and counted in the presence of the 
contestant, his counsel, and representatives of all the Boston daily newspapers; 
and every doubtful ballot was credited to the contestant. 

Specifically answering subdivision (a) of the sixth specification, the contestee 
admits that there were some ballot upon which there was a sticker with the 
contestant’s name thereon, but without the cross opposite the name, as required 
by the law of IMassachusetts. 

Specifically answering subdivision (7>) of the sixth specification, the contestee 
admits that there were a few ballots wherein the contestant’s name was written 
but without a cross opposite the name, as required hy the law of Massachusetts. 

The contestee specifically denies the allegations contained in subdivision (c) 
of the sixth specification. 


8 


TAGUE VS. EITZGEEALD. 


The coutestee specifically denies the allegations contained in snbdivision (d) 
of the sixth specification. 

The coutestee specifically denies the allegation contained in subdivision (c) 
of the sixth specification. 

The contestee specifically denies the allegation contained in snbdivision (f) 
of the sixth specification .and further says that there is no INIassachusetts law 
that requires the board of election commissioners to decide challanged votes, 
but on the contrary, there is a statute which clearly and unequivocally pro¬ 
hibits them from disclosing any information relative to a ballot cast by a 
challenged voter (Acts of 1913, chap. 835, sec. 333). 

The contestee specifically denies the allegations contained in subdivision (r;) 
of the sixth specification. 

The contestee specifically denies the allegations contained in subdivision (h) 
of the sixth specification. 

And the contestee reserves the right within the time provided by law, or 
within such time as may be fixed by special order of the House of Representa¬ 
tives to amend this answer and supplement the same by answering further. 

.John F. Fitzgekald. 

Commonwealth of Massachusetts, 

Boston, Jamiary 25, 1919. 

Suffolk, ss: 

I this day left an attested copy of the within notice at the last and usual place 
of abode of Peter F. Tague, viz: No. 21 Monument Square, Charlestown District, 
Boston. 

Fees.- —Service, $1; copy, $1; travel, 30 cents; total, .$2.30. 

, Daniel A. Whelton, 

Deputy Sheriff. 


TESTIMONY FOR CONTESTANT. 


The Commonwealth of Massachllsetts, 

Office of the Secketaly, 

Boston, May 7, 1919. 

I hereby certify, that on the 24th day of February, 1915, Abraham C. Berman 
was appointed and commissioned and on the 31st day of March. 1915, duly re¬ 
ceived the qualifying oaths thereunder, as a notary public for this Common¬ 
wealth, for the term of seven years from the date of said commission; that, as 
such notary public he is by law authorized to administer oaths and take ac¬ 
knowledgments of deeds or conveyances of land, tenements, or hereditaments 
and other instruments throughout the Commonwealth to be recorded according 
to law: and that to his acts and attestations, as such, full faith and credit are 
and ought to be given, in and out of court. 

In testimony of which, I have hereunto affixed the gneat seal of the Com¬ 
monwealth the date first above written. 

[seal.] Albert P. Langtry, 

Seeretary of the Comwonirenlth. 

Commonwealth of Massachilsetts, Suffoll'. ss: 

I hereby appoint Gertrude S. Cole. Nancy H. Harris, and Dora H. Barnes 
official court stenographers to receive and reduce to writing the evidence of 
the witnesses in the contested election of Peter F. Tague v. .Tohn F. Fitzgerald, 
after having duly administered an oath to them to truly and correctly record 
and transcribe all of the evidence taken before me. 

Abraham C. Berman, 

Notary Puhlie. 

Boston, Mass., May 5, 1919. 

Testimony taken in room 443, Federal Building, Boston, INIass., February 19, 
1919, at 10,20 a. m., before Abraham C, Berman, Esq., and David IMancovitz, 
Esq., as notaries public. 

Counsel: Hon. .Toseph F. O’Connell. Artbur Harrington, Esq., Frank A. Good¬ 
win, Esq., for contestant; .Tohn P. Feeney, Esq., Timothy F. Callahan, Esq., 
Vincent Brogna, Esq., for the contestee. 


TAGUE YS. FITZGERALD. 


9 


Hon. I*ETER F. TAGUPL sworn : 

O CoNNKLL. ]\Ir. Abraham C. Berman was eliosen as notary public to 
pieside at the taking of the testimony in this contest. Notice of the same was 
conveyed to the Hon. .Tolm P. Fitzgerald on February 1.3, and Mr. Berman is 
now here ready to take the testimony. 

Ml. ( ALLAHAN. Ill tliis case, ]Mr. Fitzgerald, the Congressman-elect, is out of 
to\A n, and he has designated ]\Ir. Feeney and myself as counsel, and has desig¬ 
nated Mr. Maiicovitz to sit in the hearing of the testimony. iVIr. Mancovitz is 
a notary public, and I believe he qualihes under the statute. We are ready to 
go ahead. 

iMr. O CoNNET.L. The following letter of notice was sent in accordance with 
ihe pi'ovisions of the Revised Statutes, to the contestee, Boston, Mass., February 
12, 1919, to Congressman John F. Fitzgerald. 

IMr. O’Connell. Mr. Tague, will you take the stand, please. 

IMr. Feeney. Don’t you think you better put in the pleadings so they will be 
part of the record? 

Mr. O’Connell. I suppose we can agree the following two notices, the notice 
and rejily, were both received by each of the parties. The following notice was 
sent to .Tohn F. Fitzgerald, Boston, IMass., December 26, 1918 (omitted in print¬ 
ing, being duplicate of notice of contest). 

IMr. O'Connell. The an.swer is as follows (omitted in printing) : 

Mr. Feeney. Does it give the date of the service? 

IMr. O’CoNNELT.. It doesn’t say. Following is the officers’ return, with service 


of notice upon us. 

IMr. Feeney. There is a demurrer filed in the answer here, which it seems to 
me ought to be argued before evidence is introduced. That is relative to the 
question as to whether or not, either at this hearing or any subsequent hearing, 
the counsel for IMr. Tague has the right to go into any matter which precedes 
the primaries, or has anything to do with the primaries or congressional nomi¬ 
nation. That, of course, we take advantage of by demurrer, and we shall take 
advantage of it if this board rules it can be put in by way of evidence, but we 
shoidd like to hear you on the question of demurrer at this time. 

Mr. O’Connell. This body, Mr. Berman sitting for us, has no power to hear 
this, neither has Mr, IMancovitz sitting as the representative of Mr. Fitzgerald. 
This is a proceeding, as I understand it, simply to take the testimony, the ques¬ 
tion of law will be decided by the congressional committee. These judges have 
no power to decide questions of law, and it will be an idle proceeding to attempt 
to discuss questions of law with them, so that I am not willing to,discuss at this 
time questions that will have to be discussed later on before the committee. 

iMr. Feeney. The question which I have in mind is this—I agree quite fully 
with what my friend says, except I do not want to have it claimed by my 
brother at any subsequent time that we waived our demurrer set forth in that 
answer; therefore, now before any evidence is taken, and at what I deem the 
proper time, I now offer to argue the question of demurrer before this board, 
and to subndt authority to you now, which I am certain will convince you that 
neither this board nor any committee in Congress has authority to go into the 
question of the primary contest on congressional questions. 

iMr. Mancovitz. Do you object to hearing the demurrer? 

Mr. Berman. I am ready to hear on the demurrer. 

Mr. Feeney. Do I understand you object to arguing the demurrer at this 


time? 

Mr. O’Connell. Absolutely. I am not going to argue any questions at this 
time, as both of us know these men haven’t any power to decide. Congress is 
the bod.v to hear this. 

iMr. Mancovitz. I presume it might go on record that it is agreed that you are 
not to argue the demurrer? 

iMr. Feeney. The record will show that I offered to argue the demurrer at 
the present time. I assume the record will show that, and my brother will 
assure me that we have not waived any claim to argue the demurrer? 

iMr. O’Connell. That’s true. That’s the understanding. Now, Mr. Tague, 
will you take the stand. 

(I^ir. Tague sworn in at this time by Abraham C. Berman, notary public.) 


By Mr. O’Connell: 

Q, Your name is Peter F. Tague?—A. l^es, sir. 

Q. You are the present iMember of Congress from the tenth Massachusetts 
district?—A, I am. 


10 


TAGUE VS. FITZGERALD. 


Q. And you reside at 21 Monument Square, Charlestown?—A. I do. 

Q. And that is within the congressional district?—A. Yes, sir. 

Q. Yon were horn and lived there all yonr life?—A. Yes, sir. 

Q. And yon have been a INIember of the Sixty-fonrth and Sixty-fifth Con¬ 
gresses?—A. I have. 

Q. Yon were a candidate for reelection on the Democratic nomination last 
fall?—A. Yes. 

Q. And were yon, after yon filed yonr papers, were yon offered any induce¬ 
ment by Mr. Lomasney or INIr. Fitzgerald, or both of them, to retire? 

Mr. Feeney. Mr. Tagne, pardon me, I object. 

INlr. Mancovitz. It can be stricken out. 

Mr. O’Connell. Let’s understand this: Mr. Berman is taking this testimony. 
Mr. Mancovitz has the right to sit with him. Mr. INIancovitz has no right to 
make any rulings at this time. INIr. IVIancovitz will make the rulings when he 
puts in his testimony. 

Mr. Feeney. I want to call the attention of the .board, and I want to call the 
attention particnlarly of the witness, the present Congressman, to the fact that 
there is no allegation of any snch kind set forth in the bill that has been read 
here. Now, I understand full well that in a hearing of this kind counsel may 
indulge in the spectacular, and witness may do so also, and that neither one oV 
the notaries or justices of the peace can well control the situation, but I want 
to call the attention of the Congressman himself to the fact that there is no 
such allegation set forth in this bill, and that therefore he, the ('Ongressman, 
ought not to attempt to inject into this case something, whether it be true or 
not, which has not been set forth specifically in that bill of complaint, and if 
they undertake now, with all the latitude which they may have before you, be¬ 
cause, to be perfectly frank with you, you are only a pair of dummies, if they 
undertake to inject, to throw in that sort of matter, I shall feel at liberty to 
call attention to it later on, but perhaps the matter can be settled now. I am 
doing this at the outset of this hearing that we may have an orderly hearing, 
and in order that counsel and witnesses may confine themselves to the issues 
which are clearly set forth in that bill and in my answer. 

Mr. O’Connell. In answer to JMr. Feeney, I will simply say there is an alle¬ 
gation that money was used at that affair last fall, and we intend to bring 
it out. 

]Mr. Feeney. Mhere is it? 

]Mr. O’Connell. I am going to ask Mr. Tague now what was said. 

INIr. Feeney. Pardon me. For the purpose of the record, will you call our 
attention to aiiy allegation in your bill which justifies the question you have 
*asked Congressman Tague? 

INIr. O’Connell. It’s there; you can find it. 

Mr. Feeney. No ; it isn’t there, and you can’t find it. Put it in the record so 
we can get the basis for your question. 

Q. What was said by Mr. Fitzgerald? 

]\Ir. Feeney. That I object to for the reason which I have already pre¬ 
sented. 

Q. Go ahead. 

Mr. Berman. We note your objection. Mr. Tague may answer. 

A. Mr. Fitzgerald- 

INIr. Feeney. Do I understand, after calling the attention of the Congress¬ 
man to the fact there is no such allegation in this bill, he desires to answer 
the question as put? 

Mr. O’Connell. That is nothing of the kind. Your attention is called to the 
fact that it is in the pleadings. 

Q. Go ahead with the answer. 

Mr. Feeney. It i.sn’t in the pleadings, and if the Congressman will call my at¬ 
tention to any such allegation I will withdraw my objection, and I ask the 
stenographers to note that I asked counsel to read it. 

]Mr. O’Connell. Mr. Goodwin offered to show it to you and point it out to you. 

Mr. Feeney. ^Vhat INIr. Goodwin offered to point out to me was subdivision 
{(1) under the fifth allegation. If Congressman Tague says he is referring to 
that, I have no further objection. 

(}. Will you please answer the question now, Congressman?—A. Yes; and 
within my rights, too. Mr. Fitzgerald sent for me and I went to meet him at 
the Quincy House. This was previous to him filing his papers. He told me 
that Mr. Lomasney requested him to be- 



TAGUE VS. FITZGERALD. 


11 


^ ^ attention of the notaries, and of the 

own himself, to the paragraidi whieli his 

namelv sprti’n/? Goodwin, has pointed out to me, 

r oh^’nPA n? ir was used at said election 

nmof ^ re<leral law, voters heins pi-omised money for voting for you.” 

Ar . which our attention has been called, 

offoiv l>l^aty of allegations all through, in this whole 

ariaii, and ot improper actions on the part of l\rr. Fitzgerald and his leaders 
anu ^\e are going to introduce them, and going to show the improper practices 
by Mr. L itzgerald and by :\Ii-. Lomasney. 

Mr Peexey. I asked you to point out,' and your lawyer, I\[r. Goodwin, pointed 
out the section I have read, and the section in the record. 

Mr. O'Coxxi-mL. Too had you have got excited at this eaiiv date. I simnlv 
want to make it as short as I can, and want to make it confined to the issues 
Jt we are going into the issues particularly, we shall he perfectly willing to 
meet the issues as they arise. Me intend to show all the impro'prieties' be¬ 
cause we allege them. 


Q. You met INIr. Fitzgerald at the Quinev House. Tell us what he said 

]Mr. Callahax. AVhat Y'as the date? 

^Ir. Tagee. I don’t know. It was previous to tiling the papers 

^Iv. Callahax. For nomination? ' ^ • 

^Ir. Taglte. Yes. 

A. I asked Mr. Fitzgerald why he was a candidate for Congress. IMr. 
Fitzgerald told me that INIr. Lomasney had asked him to he a candidate for 
Congress, and that he was not seeking the position, that he felt that he was 
the right man and only man who could represent the tenth congressional dis¬ 
trict in Congress at the present time. He said that he \vasn’t in need of the 
money that went with the job, hut that he wanted to build up the port of 
Boston and that I would he taken care of. that he had an understanding with 
Mr. Loniasne\' that I was to secure a. position in city hall, if I was to retire 
from the contest. This I refused to have anything to'do with, and told him so. 

(}. Did you ever have any talk with iNIr. Lomasney, Mr. IMartin Lomasney? 

jMr. Fpiexey. Pardon me. In order to make the record clear, I ask that the 
answer he stricken out, as not relevant to the issue here. 

Q. Did you have any talk later on with Mr. Martin M. Lomasney? 

:\lr. Feexey. I object to whether he has had any conversation with Martin 
M. Lomasney. 

A. I Avent down to see iMr. Lomasney when I heard I was to have opposition 
for renoniinatioiL I asked Mr. Lomasney about it. ITe said that there was 
some opposition to my being renominated, and there was some feeling because 
of my action in voting on the war, and voting for conscription. I asked him 
who the opposition came from, and he named several people, he said who had 
objected, or would object, to my receiving the nomination, but at this time 
he said nothing about IMr. Fitzgerald—.John P. Fitzgerald. 

Q. Go on and tell us- A. I met him a day or two after, and I asked him 

if the story was true that John F. Fitzgerald was to be a candidate for Con¬ 
gress and he told me he had heard it, but he had heard nothing definite from 
I'itzgerald, hut that he did know that Fitzgerald and his friends had been 
going throughout the district trying to arouse a sentiment that was—that Fitz¬ 
gerald should he a candidate for Congress. I told IVIr. Lomasney I had talked 
v.dth iNIr. Fitzgerald, not only in Boston, hut in AVashington, and Air. Fitzgerald 
told me he was not a candidate, and wouldn’t he a candidate, hut that Lomas¬ 
ney had asked him to he a candidate. Lomasney said to me he thought if Fitz¬ 
gerald should he a candidate I should withdraw from the fight^—^he was going 
to he with Fitzgerald, and that I could he taken care of with a good position, 
and for me to call down and see Joe liyons at the surveyor’s office, the ap¬ 
praiser’s office. He also told me- 

Q. AVho is Joe L.vons?—A. United States appraiser. 

Q. AAJiat is his other position in Boston, with reference to politics?—A. The 
I’ecognized representative of the mayor—Alayor Peters. 

Air. Callahan. This is a date previous to the primaries. 

Q. Go ahead, Air. Tague.—A. I refused to call on Joe Lyons. 

Q. AAdiat were you to call oji Air. Lyons for?—A. In order to have a talk 
with him about going to see the mayor and securing a position at cit.v hall. 

Q. Foi’ the reward of getting out of the fight?—A. Yes. For the reward of 
getUng out of the fight. He also told me further that Fitzgerald, being a rich 




12 


TAGUE VS. FITZGERALD. 


mail that he did not need the money, that he could go down there and lie a big 
factor, and tliat he thought Fitzgerald would he ready to surrender two years 
salary, and that perhaps after Fitzgerald had served one term tliat I could go 
])<iclv to ( ' 011 ^‘ivss. Hg fiirtliGi* siiid 1ig wus ufrRici if Ciirloj hnd hGtitGii (.T<dli\<iii 
Curlev would come back and be a candidate for mayor and that he anted me 


in Congress to offset Curley. , _ i ^ ^ 4-1 

ISIr. Feeney. I ask the commission if this is proper in view ot the tact tlie 
answer has nothing to do with the issues involved here that the alls\^el be 
stricken from the record? 


Notarv Beewan. We n ill note your objection, Mr. Feeney. 

(y I wish you would describe the tenth congressional district, so we may be 
able to understand in the district later on the different locations—what is the 
tenth congressional district composed of?—A. The tenth congressional district is 
composed of wards 1 and ‘2, known as East Boston; wards 3 and 4, kno^^ 11 as 
Charlestown; ward 5, which takes in the north and west end and part of the 
.south end; and ward 6. which takes in the south end of Boston. 

Cy Wards 5 and 6 are in the congested parts of Boston?—A. Yes, sir. 

(}. What is known as the downtown section-A. Section of the city. 

Q. Ward 5 is controlled by whom?—A. Ward 5 is controlled by Martin M. 


Lomasney. 

Q. To what extent is it controlled by him?—A. Wdiy, he was the recognized 
ruler, the czar of the ward. He does pretty near as he pleases—delivers it any 
way he wants to. 

Q. Either liepublican or Democrat?—A. To anyone he pleases. 

Q. In this contest who was the Republican nominee for Congress?—A. The 
Republican nominee was Mr. Fletcher. 

Q. Is he a friend of Mr. Lomasney’s?—A. Very close personal friend of Mr. 
Lomasney’s. 

Q. Is he a member of the Hendricks Club?—A. I don’t know whether he is 
a member, but he is there very often. 

Q. AVhat is the Hendricks Club?—A. Lomasney’s political organization. 

Q. Is it a Democratic organization?—A. Supposed to be. 

(}. So a member of a Democratic organization, controlled by Mr. Lomasney, 
had as the Republican nominee for Congress a member of that club? 

IMr. Fp:eney. Wait a minute—wait. Of course the Congressman doesn’t want 
you fo disquote him, but the Congressman has already said that he didn’t know 
this man, whoever this man may be, to be a member of the Hendricks Club. 
I think he did say he was a man who did go there, but he didn’t know whether 
he was a member or not. If that is true, if I am right in that, you are not 
justiiied in embodying the fact he is a member, or the statement he is a 
member in any such question. 

Q. Hammond Fletcher secured the Republican nomination?—A. Yes, sir. 

Q. So Mr. Lomasney, if he could secure the nomination of IMr. Fitzgerald, 
and having secured the nomination of Mr. Hammond Fletcher, would have both 
nominntions? That’s true, is it?—A. Yes. 

Mr. Feeney. Note my objection, please, because there isn’t any justification 
for the suggestion that there is evidence he secured these nominations. I am 
only getting this in for the purpose later on to call the attention of the com¬ 
mittee of Congress to the way you are putting this in, in order to show what 
you are trying to do. 

IMr. O’Connell. I offer this, Mr. Commissioner, to show the absolute control 
both of the Republican and Democratic Party that is exercised by Mr. Lomasney, 
the boss of this section of the city of Boston. 

Q. Now, Mr. Fletcher did, as a matter of fact, secure the Republican nomina¬ 
tion?—A. Yes. 

Q. Have you given us now in full all the conversation you had with Mr. 
Lomasney and IMr. Fitzgerald, or did you have another conversation with either 
of them?—A. I had several conversations, but this is practically the substance 
of the conversations. 

Q. Now, did IMr. Fitzgerald, refreshing your recollection, did Mr. Fitzgerald 
offer you the two years’ salary? 

Mr. Feeney. Wait a minute. Wait a minute. You don’t mean to say you 
think this Congressman needs any leading on that? Didn’t he tell you the 
conversation and didn’t he also tell you what Mr. Lomasney said about the 
matter? 

Mr. O’Connell. I am not leading him. I am asking, refreshing his recollec¬ 
tion, if that wasn’t done by Mr. Fitzgerald. 



TAGUE VS. EITZGERALD. 


13 


A. ]\Ir. Fitzgerald said he didn’t need the job, the money was no object to 
him, and asked me if I hadn’t had conversation with Lomasney on the sub¬ 
ject. I told him I had but that it didn’t appeal to me. 

Q. Now, have you told us all?—A. Why, yes. 

Q. You went through the primary?—A, I might say right there, tlmt IVIr. 
Fitzgerald at the Quincy House had told me he was willing to surrender the 
salary. I am positive of that. 

Q. The primaries were held, and as a result of the primary, you, on the 
night of the primary, what did you do? 

Mr. Feeney. That I object to. 

INIr. Berman. Your objection is noted, Mr. Feeney, and he may answer. 

A. On the night of the primary, as the returns came in, it was apparent 
that the contest was going to be very close. The returns came in from all the 
wards with the exception of, I believe, four precincts in ward 5, which were 
held until the last precincts to come in. 

Q. What precincts were they?—A. I think 3, 4, 7, and 8. 

Q. Are those the precincts that are located right in and around the election 
commissioners’ office?—A, Yes. 

(}. So that the returns from the booths that .were nearest to the place to 
Mdiiclv the returns should be given were the last to come in?—A. They were. 

Q. Did you call on the election commissioners that night?—A. Yes. ^ AVhen I 
found out' the way the returns were coming in, I called at the commissioners’ 

office. ^ .. 

Q. What were the newspapers and unofficial reports of the outcome ot that 

primar.v? 

Mr. Feeney. That I object to. 

INIr. Berman. Your objection is noted. He may answer. 

A. The returns through the newspapers were to the effect that Mr. Fitz¬ 
gerald won by 91 votes. . , « ^ ^ 

Q. What time that evening did you call on the commissionerstiiat 

evening ” I mean the evening of the primary. 

INIr. Feenea^ I want to make a general objection of anything he did or said 

in relation to the primary. , , 

A. I came in town from my home and went in to the election commissioneis 

office about 9 o’clock, little after 9 o’clock. I met Mr. Burlen as I went in the 


Mr. Burlen is chairman of the board of election 


office. 

Q. Who is Mr. Burlen?—A. 

O Xow right here, in order that we may understand, and that theie may be 
no confusion of names hereafter, who compose the election commissioners of 
the city of Boston?—A. Commissioner Burlen, chairman; Mr. Murphy, Finnegan, 

'^^^Q.^The'^oS^'of the board of election commissioners is in the city hall, 

Boston?—A. City hall annex. ^ a 

O. And that is practically the middle or center of ward 5?—A. les. 

6. This ward is dominated by Mr. Lomasney?—A. Y^s. - ^ i i . 

Q. Xow, these election commissioners are political officials appointed b:v the 

"’frwiro^mrvou ^eak to when you got there?-A. I spoke to the chhirmmi, 
touVlum I came there is ask that a safeguard be put over the ballotts, that extia 
pZ-e be called iu to guard them, the contest was close, and there would be 

summon the board two of them 
o??he 

Bnie perhaps 10 minutes, Joseph P. Lomasney, brother of Martin Lomasney, 

' q: wleTlm^^ Loma.ney 

immediately after your request? 

Q^ Go^aheach—Mr. Murphy had gone outside and talked with 
Mi\ Fitzgerald- 



14 


TAGUE VS. FITZGERALD. 


I\Ir. Feeney. Note my objection. 

Mr. Berman. Mr. Feeney’s objection is noted and you may answer. 

A. Met John F. Fitzgerald and ]\Ir. Lomasney on Court Street. 

Q. Where is Court Street?—A. The street where the city hall annex is 
located. 

Q. Did Mr. Murphy come back?—A. Mr. INIurpby didn’t come back at that 
time, but Mr. Burlen telephoned to Mr. Wasserman and also to Mr. Finnegan’s 
home and sent an automobile out to get them. In about an hour they came 
back to the office, and tluai about 15 or 20 minutes after Mr. Murphy came 
into the office. 

Q. Inasmuch as there is to be some testimony about INIr. Murphy, describe 
what Mr. Murphy had been doing in the contest between you and Mr. Fitz¬ 
gerald prior to the primary on primary day. 

Mr. Feeney. I object. 

Mr. Berman. Your objection is noted. He may answer. 

A. ]\Ir. Murphy told me personally, after we had gathered in the chairman’s 
office, that on the night before the primary Mr. Murphy had gone in the auto¬ 
mobile to attend election rallies Y-ith Mr. Fitzgerald. 

Q. This was the election commissioner to decide your case?—A. Yes, sir. 

Q. When the commissioners assembled, what was done?—A. They went into 
executive session. After a very short while they came out and notitied me 
they would not grant my request. 

Q. And nothing was done to safeguard the ballots further as the result of 
your petition?—A. Not so far as I know. 

Q. In accordance with the law, did you file a petition for a recount?—A. I 
filed a petition for a recount on the following Friday, and I made petition for 
recount-. 

Mr. Feeney. Pardon me; Mr. Tague, I think, answered the question, and any¬ 
thing in the petition will speak for itself later. 

Q. Never mind Mr. Feeney’s suggestion; go ahead and tell it in your way.— 
A. AVhen I filed my petition for recount I had on the petition- 

Mr. Feeney. Note my objection. The petition will speak for itself. 

Mr. Berman. Your objection is noted. He may answer. 

Mr. O’Connell. The petition will go in ail right. 

A. AVhen I filed my petition I had written in on the petition for recount the 
request that I be permitted to examine all used and unused ballots, all rec¬ 
ords, voting machines, and'any other matter i)ertaining to the nomination. I 
called this to the attention of IMr. Burlen at the time, and he said there was 
no objection to filing the petition that way, but the board would take the 
matter up afterwards, although he had no objection to it. 

Q. This was filed on the 25th of September. When did the election board 
stai-t making a recount?—A. The recount was called for 10 o’clock on Monday. 

Q. The following Monday?—A. Started in about 11. 

Q. The following Monday?—A. The following IMonday. 

Q. Prior to the time the recount started did your counsel ask any particular 
request of the board as to the manner in which the recount should i)e protected 
and safeguarded in your presence?—A. Before the recount opened you, as my 
counsel, requested Mr. Burlen and the board that the ballots be countecl at one 
table and each ward be taken singly in order that we might see each ballot as it 
was counted. The board again went into another executive session and decided 
they would not allow it and decided the ballots would be counted by wards and 
six wards be counted at the same time. 

Q. As the result of that decision to do that you were obliged to hurriedly call 
on anyone you could to assist .you in the recount?—A. Yes; that morning'there 
were very few of my friends there, and I had to pick up men who were around 
and men who were not familiar with the subject of recounts. Some had never 
seen one, I guess. 

Q. So the recount proceeded with your not having the assistance of men who 
knew about that kind of thing, and you didn’t have the assistance of your 
counsel ?—A. Right. 

Q. Describe how the commissioners acted during that recount.—A. Why, 
about every request we made from the commission was met with a sneer. They 
acted in about every occasion against us. They wouldn’t allow our claims o'n 
anything, and we protested at the beginning of the liearing at the manner in 
which the hearing was being conducted. 

Q. What was done about delaying it?—A. The commission wanted the re¬ 
count to go ahead and notified the counters at the tables that the ballots were 




TAGUE VS. EITZGEEALD. 


15 


to be eoiintecl in blocks of 50 and all cbatlencjes were to be set aside and sent 
into the room to the commissioners before any further conntinji: would take 
place. Tt was then discovered that a sreat many challenged ballots were 
brought into the room, and all the counters were idle outside and nothing was 
being done to hurry the count along. The board then decided that they can 
count one block and lay 50 out and proceed and then take a second block, 
and that failed to hurry the counting along any, and then you made the request 
that the ballots be counted by precincts, and that the blocks of 50 be laid 
a side and decided- 

Mr. Feeney. Has the Congressman finished his answer? 

A. And then they decided-they would count the precincts and the chab 
lenged votes M’ere to be put back in their respective places after the board had 
decided on it. 

Q. Before passing on, I am going to ask you to go back a moment to the con¬ 
ference between the election commissioners and myself in the morning in refer¬ 
ence to the unused ballots, what was said and done in reference to the petition as 
it referred to the unused ballots?—A. When the question of unused ballots was 
brought up, you brought to the attention of the board the fact that you had 
petitioned to see everything and asked for permission to see our original re¬ 
count papers. They were shown, and proved that our request was on the 
papers, hut the board said they would not permit any of the unused ballots 
to be seen, 

Q. I am a.sking what took place in the morning, what was said by the board 
in the morning before we proceeded with the recount? Did they say they 
would take the matter under consideration, or what did they say?—A, The 
board said while we petitioned in our recount to see these ballots, Mr. Burlen 
said he would put the matter to the board and the board then went into session 
and decided against allowing us to see them at that time. 

l\[r. Berman. We will take a five minutes’ recess. 

AFTER RECESS. 

(Mr. Tague resumes the stand. Stenographer reads the question.) 

Q. Picking up the testimony where we stopped at the conference in the 
morning, what did the commission say with reference to the unused ballots? 

Mr. Feeney. Pardon me, Mr. Chairman, this morning, at the opening of this 
hearing, I called the board’s attention to the fact that counsel, for some reason 
best known to himself, was not attempting to confine himself to the issue which 
is being tried here. He was allowing his feelings against the Congressman- 
elect to carry him away, and because he is not confining himself to the issue 
which is presented here and which will later be properly pre.sented ‘at Wash¬ 
ington, I object to the question which he has just put, and I call your atten¬ 
tion to the following statute, which is section 177, of the United States com¬ 
piled statutes of 1916, as follows: 

“All witnesses who attend in obedience to a subpoena, or who attend volun¬ 
tarily at the time and place appointed, of whose examination notice has been 
given, as provided by this chapter, shall then and there be examined on oath 
by the officer who issued the subpoena, or, in case of his absence, by any other 
officer who is authorized to issue such subpoena, or by the officer before whom 
the depositions are to be taken by written consent, * * 

Therefore, respectfully submit to you this examination of this witness is not 
being carried on in accordance with the provision of law, and the examination 
should be conducted either by the person who issued the subpoena for it, or if 
he came here voluntarily, the examination should be conducted by you, sir. 

Q. Proceed with your answer. 

!^rr. BERiEAN. I believe the witness has a right to be represented by counsel. 
I believe it is the right of INIr. O’Connell as counsel that he has the right to go 
ahead. 

INir. Feeney. You decline to conduct this examination your.self? 

I^Ir. Berman. In view of the fact that I\Ir. Tague has Mr. O’Connell for coun¬ 
self, I have decided to find him the proper man. 

Mr Feeney. The stenographers will probably note that I called your atten¬ 
tion on that and to the fact that either he or the person issuing the subpoena 
should conduct the examination of witnes^ies, and Mr. O’Connell is not such a 
person as designated by the statute it should be to continue the examination. 

Mr. O’Connell. It would be a little bit remarkable if the defense were not 
to have an attorney to represent him in the presentation of the case, it has 



16 


TAGUE VS. FITZGERALD. 


been the practice, and in view of your honor’s ruling, and always what I under¬ 
stood in the presentation of this kind of case and the statute covers thing thing, 
and the statute following, which has been cited by Mr. Feeney. 

Q. Proceed, now, with the (piestion. What about that morning when we 
asked them to give us a decision whether we could see the unused ballots?—A. 
]\Ir. Burlen, speaking for the board, told us he would not permit us to see the 
unused ballots and he would make a ruling on it later. 

(2- Now, as the hearing preceded, what was the conduct of the various com¬ 
missioners toward you throughout that day, Monday, the first day of the 
hearing?-—A. As the hearing proceeded, it was very apparent to me, at least, 
and to others there that the board was decidedly against me and making 
rulings against me on almost every question we asked. 

Mr. F'eeney. I ask that be stricken out as not being the coi*rect or proi)er 
answer to the question. 

INIr, Eekman. We will admit it and note Mr. Feeney’s objection. 

Q. Did they go into executive session?—A. About any time the question came 
up on any challenge or any question asked by us the board went into executive 
session. 

Q. How much time did they use up in executive session?—A. They went into 
executive session 5 to 15 minutes to half an hour on the simplest questions they 
could answer yes or no. 

Q. Had the election commissioners before this ever gone into executive ses¬ 
sion?—A. I never heard of it. All the hearings I ever attended were settled 
right in the board. 

In the presence of the parties who raised the question?—A. Always. 

(F Did you protest this innovation and that you were entitled to be present at 
all its deliberations and all the proceedings that were going on?—A. Not only 
protested, but I think at one time tried to get into the room. I think you or me 
were told the hearings were private. We protested and said any question under 
consideration should be heard before everyone interested. 

Mr. O’Connell. At this time I will state we intend to have introduced all 
the ballots of the primary, particularly those that were decided by the election 
commissmners. They will be taken up with the subsequent witnesses. 

Mr. Feeney. Why worry about these now? 

INIr. O’Connell. I shouldn’t add to your worries, I know. You are very 
much worried, and justly so. I didn’t do it for the purpose of worrving you 
a particle. I will withdraw it if it hurts your feelings and adds to vour -dis¬ 
comfiture. and proceed along the lines- 

Q. Now, :Mr. Congressman, will you be good enough to tell us what Com¬ 
missioner Murphy would do immediately the election commission went into 
executive session—what was his practice of doing that day?—A. When the 
board went into executive session almost every occasion we followed them, I 
followed them myself several times; Mr. Murphy would leave the room by the 
side door, and in the hallway would meet the representatives of Mr. Fitzgerald, 
and at one time Mr. Field and Senator John I. Fitzgerald, and another time INIr! 
Lomasney and Mr. Field, another time Henry Fitzgerald and Senator Fitz¬ 
gerald, Mr. Murphy would go in consultation with them and come back to the 
board and almost every occasion they would decide against us. His attitude 
was always antagonistic to me. 

Q. These men were close adherents to Mr. Martin Lomasnev and John F 
Fitzgerald?—A. Yes. sir. 

Q. And IMr. John I. F’itzgerald is the one that was in the I'oom and is hang¬ 
ing outside the door now?—A. Yes, sir. 

Q. Now, describe how the commission acted during the day in reference to 
the manner in which the recount was being handled. I call your attention 
particularly to the various orders that were given that were conflicting with 
each other.—A. As the recount proceeded, as I said a few moments ago, they 
gave notice during the recount 50 votes would be counted at a time and chai- 
lenges sej" aside, and none of those counted until decision was made on that 
block of 50. Then we found the hearing was dragging and the counters weren’t 
doing anything and we immediately entered a protest that there was nothino^ 
doing on the I'ec'ount and the board then decided they count two blocks. Then 
vhen the,\ found out that was delaying the count, they decided to count in })re- 
ciiicts, no ballots to be handled in the second precinct until all decisions had 
been rendered on the first precinct. When these ballots were brought in the 
loom <ind we questioned them as fast as they reported, mv requests w^ere met 
in an unfair and sneering and insolent manner by the chairman of the board 



TAGUE VS. FITZGERALD. 


17 


and especially by Mr. Murphy and Mr. Finnegan, and on one occasion, Mr. 
r mnega 11 deciding on the votes, where the question came up as to him having 
made a mistake, on account of making a decision, and he was asked if he made 
a mistake, and he said, “Yes; I’m wrong; and I’m glad I’m wrong; and I 
intend to stay wrong.” . 

'vere any irregularities found in wards 5 and 6?—A. In 
u ard 5 the first thing discovered- 

Mr. Feeney. The commissioner note my objection to this question and to the 
answer. 

Notary Berman. Mr. Feeney’s objection is noted. Mr. Tague may answer. 

A. In ward 5 we discovered there were a great many irregularities. It was 
discovered, too, that there were a great many ballots that^had been double- 
marked. For instance, a ballot had been marked for me and for Fitzgerald. 
It was also discovered in this ward that there were a great many ballots cast 
there with stickers bearing the names of the State committee. These stickers 
were marked in different colored pencil from the regular voting pencil in the 
voting booth, or the pencil used on the other part of the ballot. 

Q. You mean State ticket? —A. State ticket; yes. 

Q. Right here I want to ask you, in the appointment of the election officers 
in ward 5 who has the appointment of the election officers, both for the Repub¬ 
lican and the Democratic side, and those men that are behind the rail?—A. In 
the Democratic side Mr. Lomasney has the naming of the tickets, and it is a 
well-known fact to all who know anything about it that he names the Republi¬ 
can officers as well. 

Q. All precinct officers are Lomasney men?—A. All of them. 

Q. Now, then-A. We found one or two irregularities that day. We found 

ballots in one precinct marked that belonged in another precinct. We called 
the attention of the board to this fact, but the board at that time refused to 
give us any answer. Again the matter was brought to the attention of the 
board when it became very plain this was going on, and the board then made 
answer that Mr. Finnegan had gone into the different precincts and had trans¬ 
ferred the ballots in blocks of 50 from one precinct to another. 

Q. Go ahead.—A. I think it was then we also discovered that during that day 
or found out during the day that Mr. Burlen had caused a thousand ballots to 
be printed, but when asked about it he refused positively to give any answer on 
it, and the board refused to pay any attention to our request as to what became 
of those ballots, and even to admit they had these ballots printed. 

Q. Right here, the State law of INIassachusetts is, with reference to ballots 
used at primary elections such as conducted in Boston, that all ballots must be 
furnished by the State printer. That’s the law, is it not?—A. Y^s, sir. 
yir. Callahan. Wait a minute. Isn’t it better to produce the law? 

Ivlr. O’Connell. Yes; we will produce the law. 

Q. You say they refused to give any iniorma:tion or explanation as to how 
these ballots were secured?—A. Yes. 

Q. It was in precinct 5, ward 5, where the missing block No. 1 was found to 
be missing, and tell us what was found and what was done in reference to 
that block of 50 votes. 

Mr. Callahan. What was that, please? 

Mr. O’Connell. That was precinct 5, ward 5. 

A. When the counters went to count precinct 5, Avard 5, as soon as they 
opened the box, they discovered block No. 1 containing 50 votes missing. 

Q. Are these Democratic votes?—A. Democratic votes; yes, sir. The matter 
was brought'to the attention of the board, who ordered the counters at that 
time to discontinue counting the votes and bring the box into the board room. 
This was done, and search was made for block No, 1 by Mr. Burlen. He was 
unable to find it in the box and then he opened the Republican pouch to 
see if the block of 50 Avas there, and he AAms unable to find it, and the box of 
precinct 5 Avas set aside for the time being and they AA^ere told to go and count 
the other precincts. 

Q. Did they also look in the Socialist box to see if it Avas there?—A. They 
looked in the Socialist pouch. Mr. Burlen looked in every pouch there. 

Q. This AA'as done before the commission? —A. Before the commission and 
the representatiA’-es. 

Q. And thorough search aa’Us made in every possible place in AA^hich the block 
3f missing 50 might be found, and it Avas neA^er discovered?—A. No; and never 
liscovered up to noAAL 

122575--19-2 





18 


TAGUE VS. FITZGERALD. 


Q. And special search was made at the time before tiie baliot law commis- 
Qridie'’Hnal retnrns showed you were defeated hy 00 votesV~A, Forty-one 
'‘’(‘f'Now I call vour attention to what took place at.the recounts in reference 

the recount was made, it was found that he received 15, that I h.id ll totes, 

that 20 votes wore blank. _ \ in tbi'^ nrecinct it 

o ‘invtbin^' sneciallv noticeable in that piecinct.^ . . ' !• , nivr»»-> 

^ ‘ Hi'vr yvvfo 1 * 10(1 o ^sticker containing the State nominations ipion 

\vo« (inp where every AOte naci a siitKfi .mii 

blackL^rredliencirwhil'rtlmtalS^^ 

"■“f’SC‘ot'MassaXmetmp“o^^ 

the ballot has been handed, to touch the ballot in any way, does it not? 

Air. Callahan. Wait; wait. 

tfr^'r^iAHtN Of course I haven’t any donht liiit the Congressman has an 
extoisive knowredge of elections, but I think it ought to be put in properly, 

A.*^Tlie attention of the lioard was called to the fact at that time. 

Mr Callahan. Please note our objection and answei. 

i''-\ve chanengeTthe'cSmtln^^^^ Un5f ™tes on the ground the hal.ots were 

nialdied b oUier than that Imd ‘ 

tiiA tifkpt the wav the sticker was placed on the ballot, and the A\a> h ^\as 
marked dVoirlv si, owed it would hav‘e to he marked by some other man than 
marked the ballot, when we compared the markings of the 

O What action did the board take when that was called to then attention. 
A.^The board refused, they rendered a decision against us on the challenge and 

cnid ihpv would not take an\" notice of the stickers. 

(}. Or*to the different marks?—A. Or to the different marks, even though AAe 

phfrilpn«'ed they had been marked otherwise. 

O Continuing the recount that afternoon and into the evening, was any of it 
fin?shed that night?—A. After the votes of the precinct had been counted, the 
(Uiestion then came up as to the counting of precinct 5, ward . 3 . The boaid ^^ent 
into executive session again and when in session they called m the representa- 
ves of Sv opponent as well as myself, and in that session the question arose as 
‘Thf mi'4iu’g”5rvoles, the block of 50 votes, iU ii 


ti\ 

to 


prevfoi s i-e^uiit that some of the used ballots had been found 

fm(.ii° umised ballots, to which Mr. Burlen agreed that had happened He said 
t ,ere''to ie lueu present that he was willing to look into the unused ballots for 
tllf missing Idock and did agi-e to but the repi-esentative of Mr. hitzgeiald, 
who was Mr. Miller, with Air. Aliirphy disagreed with the ruling of the 
•Hid he thought that matter ought to be taken up later and decided another 
time The board said that in regard to the ballots in ward o, precinct o, the,\ 
would make a decision in the morning whether or not we could see the unuset 
ballots. The question then came up to have us look at the unused ballots and 
the records and when the matter was brought to the attention of the board. Air. 
Burlen denied positively he knew anything about the request haying been macle, 
nXmisL the fact it was on the petition and brought to his attention 

mn did the recount finish that night?-A AftiT midnight; I 
tumV^ibout But during the afternoon, I might say. Air. Finnegan, as a 

member of the board, objected to sitting in the evening, and the board decided 
to cease counting at 6 o'clock. Then they countermanded that order and agreed 
to cease hunting at 9 oT-lock. That they countermanded and decided to count 

C^aT the result* 0 ^^^^ the orders, had some of your men departed 

•rnd "One home?—A. Quite a few. . , , 

Q.^’So the recount had to proceed wTthout any representation at some table.s 

far as voii w^ere concerned?—A. Yes, sir. 

O AVas*there a protest on vour behalf against this procedure by the board?— 
A Yeswe protested and told the board we had made a decision and told oiii 

uien tiiev wamld not be wainted after that hour. ...... 

Q. They resumed after G o’clock? A. Resumed after 6 o’clock, and continued 

after 9. 


TAGUE VS. FITZGERALD. 


19 


Q. On Tuesday, when we reassembled again at the commissioners’ office to 
continue the recount, what was said or done by the commissioners Tuesday?—A. 
We were told on the night before to meet at 10 o’clock Tuesday morning, and 
the board would render a decision then on the question whether or not we could 
see the iniused ballots. After we entered the room the board went into execu¬ 
tive session jyid after being there an hour and a half or two hours, they came 
out and notified us they were not ready to make their decision at that time and 
adjourned the meeting until 2 o’clock. At 2 o’clock we came back and as soon 
as the board convened, you made a note to ask the board, you informed the 
board that you had noticed many persons other than those attached to the 
recounts entering the vaults where the ballots were stored; that you had gone 
down yourself and seen people in the vaults you didn’t know. You asked the 
board what provision was being made for the protection of the ballots. They 
told you they were taking care of them themselves and would not give you 
any answer at all. After that they went into executive session and then they 
said they had no decision to give and would give a decision on Wednesday morn¬ 
ing. AVe convened again Wednesday morning, and after holding us there 
, again an hour or two, they decided they were not ready to give their decision, 

' but would give it to all on the next day. 

Q. Did you, as the result of their refusal to tell you what was being done 
to protect the ballots, did you appeal to the mayor of Boston, the mayor of Bos¬ 
ton?—A. When I found out they were delaying the hearing by going into session 
and not giving any decision and their refusal to protect the ballots which I 
thought ought to l)e protected, I went with you and asked the mayor to have 
the commissioners removed, not only on the ground of unfairness, but by mak- 
! ing decisions against us for my opponent without any consideration of the facts, 
and their actions toward us were anything but that which election comniis- 
I sioners ought to be toward us. The mayor said he would consult the corpora- 
i tion counsel and have him get in touch with the board and send for the board, 
j which I afterwai’d learned he did do. 

I Q. When we convened the following morning, what happened?—Q. On Wed¬ 
nesday morning we met the board at 10 o’clock. As soon as we entered the 
board we found Mr, Higgins, assistant corporation counsel, present to repre¬ 
sent the corporation counsel.* As soon as the board convened, Mr. Hurlen de- 
I manded of you that you put in writing the request for the unused ballots 
Avhich we had so often requested during the hearing. You put in writing your 
request and then the board adjourned about half past 10 into executive session 
again, and they remained in executive session until after 12 o’clock, when Mr. 
Higgins came out of the room, apparently disgusted, by the way he waved his 
hand when he was asked if he had been discharged. 

Mr. Callahax. We object to this evidence as hear.say, 

A. Air. Higgins went over to the other end of the room and refused to talk 
with anybody in the room on the question. As soon as he came out of the 
room—all hands, everybody in the room in fact, representing Air. Fitzgerald as 
well as ourselves, were objecting to the manner in which we were treated, Air. 
Aliller asked Air. Higgins if his decisions were being listened to and Higgins 
refused to answer. Air. Aliller then arose and said the methods and actions on 
the part of the board were disgusting, and the board didn’t know their own 
mind two minutes. AA"e waited another half hour to see if they would come 
out, and the board still remained in session when we left the room. 

Q. AVhat did Fitzgerald’s counsel do?—A. Air. Fitzgerald’s counsel said he 
wasn’t going to sit there any longer, but I understand he remained a little while 
and then left the room. 

Q. Calling your attention to the last morning, on the last morning which was 
’'I’hursday, as J remember it, concerning some secret conference between the 
election V*ommission officials and election officers of ward b. precinct 5, where 
the irregularities were discovered, will you teh us what the board said and 
did in reference to it.—A. The newspapers of that morning published a state¬ 
ment that the board had sent for the precinct officers in ward 5, precinct 5, 
^\■here the irregularities were shown. In the morning we asked the la- ard if 
that was so, and they said they had sent for some of their officers. We asked 
the names of the men and they were ratlier reluctant about doing it until we 
compelled them to answer, as it was within our rights to know. We then 
asked who was there and they said only the precinct officers. Then when we 
I pushed them for further answer, they admitted Air. Finberg and Air. John I. 

^ Fitzgerald were present, and then the board withdrew to the commission room, 

} Q. AVho is Air. Finberg?—A. From ^^'ard 5. 






20 


TAGUE VS. FITZGERALD. 


Q, TiOmasney man?—A. Yes, sir. 

Q. AVlio is Jolin I. Fitzjjerald?—A. Senator from that district and meinl)er ot 

tile Hendricks Clnh. . o. , ai 

Q. Does he look after IMr. Fitz^>:eraid’s interests?—A. Yes, sir. So does Mr. 

Fiiiherii’. . • i i 

Q. While these conferences were heiii" lield no notice was receivfHl n.^ 

sir; and when asked why we had not received notice the;s said 

\ve were not’entitled to notice; they were condnctin.a- the hearins: theinselve.s. 

O. Now, after this was done, what time of day did we lea\e tlie (dection 
commissioners’ office, do yon recall?—A. About 12.80; between 12.80 and 1. 

O. In other words, we liad been there on the fifth day A. Yes, sii. 

Q. From 9 in the morning; until 12..80, and nothing? had been done. A. 

Nothin??. ,, _ , 

Q. Comin.c: hack to the time when we asked to see the records and the ^otlng 
list tell ns what the commission did in reference to onr request for a view of 
the check lists of those who had voted?— A. Y hile the question of, I think, 
precinct 5 was heinc; decided, the check lists were hron, 2 ;ht out to^ see how 
they checked np with the records; permission to see the check lists, they 
refused us. Also positively refused to let us see the police lists, to see whether 
or not the names Avere voted on; this Avas absolutely refused. 

Q. Plxplain-so the record may he clear. The police lists repre^sent a check 
list*^ made by the police officers in attendance at the booths?—A. Yes. sir. 

Q. And Avere checked off AAdien the ballot ffoes in?—A. Yes. sir. ^ 

Q. And the election commissioners also checked off?—A. ’ies, sir. 

Q. The election commissioners refused to let you see at that time either of 
those check lists as to hoAv they AA^ere marked, is that right? —A. That’s right, 
and they AA^ent further and said they Avould refuse to let us see any of the lists. 

Q. Tlien Avhen did Ave protest, did they cover up the markings so we could 
not see Iioaa' or find out Iioaa" they had been checked?—A. They put a paper 
along the edges so Ave couldn’t see only just the hare names. 

Q. Noav, these ballot boxes, hoAv are tlie ballot boxes kept, IMr. Tague?—A. 
The ballot boxes are kept doAAm in a big spare room. A’oting machines or boxes? 

Q, Both?—A. The Acting machines are kept doAvn in a room underneath the 
office of the election commissioners, and it Avas. admitted on question of Mr. 


]Mr. Catxahan. I Avant to knoAV if he hasn’t ansAvered that question? 

Q. AVhat did IMr. Burlen say AAuth reference to how those boxes Avere kept?— 
A. The question v.ms asked AAdiether or not these ballot boxes Avere protected, 
and they said they were, and then upon being questioned further Mr. Burlen 
admitted the room Avhere the ballot boxes and machines AA^ere kept Avas Avide 
open, and that the men Avent in there at noon and ate their luncli and smoked 
doAvn there, and then the question came up of the ballot boxes being protected, 
and Mr. Burlen said they AA^ere amply protected, and that no man could go in 
the vault Avithout at least tAvo commissioners being present; that the Demo¬ 
crats had one key and the Republicans had another. And then Ave asked 
AAffiether or not if this vault Avas open, how it Avas protected, and he said his 
men AA^ere the only men entering the room, and AA’e could get little satisfaction 
from him. 

Q. As a matter of fact, did you notice whether there Avere men entering the 
room, and AAdiether they AAmnt in and out or not?— A, The counters from an¬ 
other contest Avere going in and out of the Amults all day long. 

Q. HaA^e you any record of hoAV^ many men AA’^ent into the vault, or AAdiat A\\as 
taken in or brought out?—A. Not at all. 

Q. So the vaults might only he opened by tAvo men, hut after they Avere open 
they AA’ere accessible for AA’hoeA’er AA'anted to go in or out of that office? — A. 
Yes, sir. 

Q. Describe AAdiere that Axault is.—A. That vault is underneath the commis¬ 
sioners’ office at the foot of the stairAvay Avhich leads right outside the election 
commissioners’ door. 

Q. Very accessible to the street?—A. Anybody Avho goes in that door can go 
doAAm into that vault. There is also another entrance to it from the elevator 
dOAAm in the basement. 

O. So you can get to either of th(>se vaults Avhere the ballot boxes are kept 
without going into the office of the election commissioners at all ?—A. Yes. 

Q. Now, then, as the result of AAdiat the election commissioners of the city 
of Boston did at that recount, the majority of :Mr. Fitzgerald over you Avas 
reduced from 91 to 41; that’s right, is it?—A. Yes. 




TAGUE VS. FITZGERALD. 


21 


l;ent'»—““‘."'‘t'* reference to tlie records, as to how they were 

oount^woceeXd 11*'“ “^rers.—A. Why, during the day, as the re- 

anv of n^P 1 recin.f/ T' I'*®"'® Pi’hctlcally no records kept at all in 
1 instance, the ballot box in precinct 7 I believe 

e^istered 4 -l votes, while the check list registered 817. In another precinct 

15 or“oo*votPS'‘‘“fnT''‘"'’ “ ^“fference of—I haven’t got the exact figures— 
count lu ll ^hov 'V „ tliere were no tally sheets of the 

there “l o d hi'ffvp i there would be two tally sheets where 

1 ive been ^ another bwth there were three where there should 

_ ^e been h\e, and the records as tar as we could see up to this time were 

titan tile votCT ' ^ '**”‘1^®''®“ "'it*' *'1' s®'"® one other 

Q. Do you recall the ballots which showed 
been out in the rain?—A. 
the precinct—but 


. they had been in water or had 
I think it was in jirecinct—I don’t recollect just now' 


1 1 .1 111 one precinct w'e got (piite a few' ballots which show'ed 

m de iifsind, aVtv 1 •/'“ *“® on the ballots was 

made in such a waj as it only could be made on the ballot that it was made 

"^'key looked as if they had been in somebody’s pocket. 

t-ailing j'our attention to the kind of a day the primary w'as wdietber 

or not u rained part of the day?-A. As I ren.e.nber the pr narv dii " t wal 

Q. Kefresliiiig your collection as to the condition on that day that w'as 
the day that Postmaster Murray was buried—does that recall to you the com 
ditioii of that day, or the weather of that day?—A. Yes; it does. 

ly—A. Stormy day; and I remember’very distinctly going 
to Ml Murray s funeral service and all the automobiles were closed in on 
account of the rain. 

Q. Now', you spoke about Assistant Corporation Counsel Higgins, havino- been 
sent by the corporation counsel to advise with the commission, on the order of 
Mayor Peters, wdiat did Mr. Biirlen say as to whether or not the commission 
\yould accept the advice of Mr. Higgins as to how the commission would conduct 
the healing? .A. INIr. Burlen said he w'ould conduct his owui hearing as he saw 
fit and they believed they w'ere competent to conduct the hearing as they had 
others, and didn’t need the assistance of the corporation counsel. 

Q. And refused to take it?—A. Refused to take his advice. The newspapers 
afterwards commented on the same thing, that the mayor w'as disappointed 
that they refused to abide by the decision of the corporation counsel. 

Q. Now', did you discover that the names of soldiers and sailors had been 
voted upon at tliat primary?—A. Yes; upon investigation, w'e found a list of 22 
soldiers and sailors wdiose names had been voted on and w'ho w'ere in the service 
of the Government. 

Q. Mdiere?—A. Most of them were out of the country. 

Q. Mliere w'ere the others?—A. Some w'ere—one w'as at Alabama, another 
at Camp Dix, another in Ohio, another at the Brooklyn Navy Yard, and some 
in the harbor, one or tw'o here in the harbor, and the others w'ere in France 
and overseas and on the ships of the Navy. 

Q. Now', was the attention of the election board called to the fact that many 
of the ballots were not canceled in w'ard 5?—A. Yes; in precinct 8, I think of 
w'ard 5. The attention of the lioard was called to the fact the ballots w'ere not 
canceled, and w'hen they w'ere opened up it w^as found that none of the ballots 
cast in that precinct had been canceled at all. This was brought to the atten¬ 
tion of the board, and the law' on cancellation of ballots was called to their 
attention, but they ruled the canceling machine might have been out of order, 
and they used the machines during the entire day. 

Q. AVhat is the law about counting votes that are not canceled? 

Mr. Callahan. I object. 

Mr. Beeman. Answ'er admitted, objection noted. 

IMr. Callahan. I should think the law' ought to be put in properly. 

IMr. O'Connell. We w’ill put it in properly. 

A. The law' requires that all ballots shall be put in the boxes supplied by 
the election commission, and no ballot wdll be counted unless it has been can¬ 
celed by the machine on the ballot box, except wdiere the ballots are used in 
emergency boxes. 

Mr. Callahan. I think you ought to cite the reference to the law. 


22 


TAGUE VS. FITZGERALD. 


Mr. 0'C0N-NE1,I.. That will be (lone. We won’t do that now because we want 

to hurry along and get done with it. , 4 . i r,nir-P iii vari- 

O. As the result of information brought to you about what took 

ous parts of the district during primary day did you ^ 

the form of men voting on other men’s names, dead men ® ^ ille<ml 

A. Yes; we started to investigate, to see—I received information 

votes had been cast in wards 5 and 6 especially on that « voted unon 

looked up the voting list and found several hundred ^ 

and when we investigated many of their andlords ii^he 

these men, and the mail carriers were unable to hnd them. . ' 

letters to them but they were unable to be found by the mail caiiieis, ^ . 
men sent out by the sergeant at arms at the ballot law commission couldn t 
find them. We charged these names had been voted upon by lepeateis. 

INIr, Mancovitz. I iiresiime all this testimony is hearsay. i-i <- 

A. The repeaters had been working very faithfully in ward b on tnat 
We presented this list to the ballot-law commission afterwards. 

IMr. O’Connell. I would suggest that we adjourn here now for an hour. 

Uv. Callahan. Make it 2 o’clock. 

Mr. O’Connell. All right, 2 o’clock. I would like to arrange to ha^e 
hearing go along as late as possible to-night, because the Congressman to 

get back to AVashington. and we would like to be able to get through \Mth hin. 

to-day, if we possibly can. . . , 

T^Ir. Callahan. I don’t see how you can. I will say at this time to this tes¬ 
timony offered by the Congressman, in answer to your line of questions, tnat 
this ail goes in with my objection, because this is clearly hearsay^ evidence. 

INIr. Berman. Alake note of that objection of the evidence going in. 

We will suspend until 2 o’clock. 

(Noon recess.) .r 


day 


this 


By Mr. O’Connell ; 

O. Now, as the result, INIr. Tagiie, of the information you received, did you 
go \o the adjutant general’s oftice to see whether it was possible to get the 
names of the soldiers and sailors who were drafted from INIassachusetts and 
then serving in the Armv and Navy?—A. Yes; I went to the adjutant generals 
office with two girls to make a complete examination of the list of soldiers and 
sailors, and found they were in such an incomplete state I couldn t get all, but 
I succeeded in getting the ones that were presented#to the commission. 

Q. How many were presented to the commission?—A. Twenty-two. 

Q. Did you bring in evidence from the adjutant general’s office about the ab¬ 
sence of these men from the city on election day? A. INIaj. Dalton, the adju¬ 
tant general’s officer, appeared and testified that 13 were in the seivice of the 
Government outside the State, 

Q, Did the State treasurer, Air. Burrell, testify as to the absence of any 
others?—A. Air. Burrell testified and produced receipts for soldiers overseas 
where the Government had paid them $10 for bonus money for service, o^ er- 
seas service. 

Q. Did it include the month of September?—A. Yes, sir. 

Q. There was testimony, was there not, about voting on names in ward six 
by men who were other than those on the list ?—A. Yes; we submitted a great 
many names to the commission, of names that had been voted on in ward 6. 
These names had been investigated by us, and we never found such men resided 

in the places. . , . , ^ i, ^ 

Q. Now, describe at length any detail and the manner in which the ballot- 
law commission treated your petition concerning the primary? A. A\e peti¬ 
tioned the ballot law commission for a hearing, and were called in on the next 
morning to a hearing which they had ordered and were ordered to proceed at 
once with our case. This we proceeded to do. The first witness we put on 
was Air. Isaac Gordon, I believe, and the commission after a great deal of con¬ 
troversy decided tliey would hear our petition. 

(}. Tiiat was on October 8, was it not?—A. October 8. 

Q. Now, then, from October 8 to October 25 the hearing proceeded. De¬ 
scribe how the hearing was held and the manner in which the ballot law com¬ 
missioners conducted themselves toward you and your attorneys.—A. The hear¬ 
ing opened in the ballot law offices at first and then adjourned to an office on 
the fourth floor of the statehoiise. Air. Homer Albers appeared for Air. Fitz¬ 
gerald, together with Air. Brogna. The hearing began with the commissioners 
refusing to receive some of our reque^-ts for examination of the voting lists and 


TAGUE VS. FITZGERALD. 


23 


the illegal registration. As soon as the hearing opened and after Mr. Albers 
had apparently been recognized as the representative of Mr. Fitzgerald, it 
became very apparent that INIr. Tjoniasney, as he entered, was to be the chief 
representative of Fitzgerald, and he appeared with Mr. INIancovitz, and Mr. 
Brogna also John I. Fitzgerald, who sat behind Mr. Albers during the entire 
hearing. 

Q. INIr. Mancovitz, as referring to the attorney for ]\Ir. Fitzgerald, is now 
one of the presiding judges at this trial, this hearing?—A. Yes, sir. 

Q. Mr. Mancovitz examined some of the witner-ses?—A. Yes, sir, 

Q. And took a very prominent part in the hearing?—A. Very. 

^ Q. Describe Mr. lAunasney’s attitude, as it affected the ballot law commis¬ 
sion. Tell us in detail how he acted toward them.—A. Mr. Lomasney, after 
he came into the room, began to assume almost complete control of the Fitz¬ 
gerald case, and was informing Mr. Albers on every question that arose. It 
was very apparent to everyone that the commission was very much upset by 
Lomasney, and they were fearful they would do something that would offend 
him. His attitude toward the witnesses assumed the same proportions, that 
he intended to frighten the witnesses, rather than to allow them to testify as 
they intended to. 

Q. Did the commission appear to be intimidated? 

IMr. Callahan. Right there we ought to be permitted to state our objection. 
We object to this evidence because the witness has no right to characterize. 
We move it be stricken out. 

Mr. Berman. Your objection is noted, Mr. Callahan, l^ou may proceed. 

(Answer read by stenographer.) 

Mr. Callahan, I also want, at this time, to note at this time, that after 
raising an objection, the counsel goes to witness and has a talk with him. 

Mr. O’Connell. I simply want to ray this, the counsel didn’t have any talk 
with Mr. Tague, he simply wanted to comment on whether or not he wanted 
to sit down or not. 

INIr. Callahan. I suggest any comments be made in a loud enough voice for 
counsel to hear them, 

Mr. O’Connell. I didn’t want to interrupt you. You were talking at the 
time to get it into the record and I thought I would be polite with you. I as¬ 
sure you we will have no misunderstanding, particularly in the effort to be 
courteous. 

(}. Describe now, Mr, Tague, just what Mr. Loma' ney did to the commis¬ 
sion, how he acted ?^—A. IMr. Lomasney sat immediately behind, or behind IMr. 
Albers, and as the different questions arose IMr. lAimasney would arise and 
whisper in the ear of Mr. Albers, and at the f-ame time pointing his finger to 
the commission and at the different witnesses on the stand. 

Q. How near the commission did he sit through all this hearing?—A. Three 
or four feet. 

Q. He sat between the commis ion, as a matter of fact and counsel and wit¬ 
nesses, did he not?—A. Yes, he did. 

Q, So, he had a chance to listen to all that was said among themselves when 
thej' were deciding any question and to see anything they did?—A. He did. 

(^. And he was the neare. t thing to them that there was in the room?—A. 
Yes. 

Q. And only a few feet away, and sometimes as near as his head could get 
to them? 

IMr. Callahan. I object to it. The witness has testified. 

IMr. Berman. Your objection is noted, Mr. Callahan. You may answer. 

Q. Whether or not that was so?—A. Mr. Lomasney was as close as the table 
would allow him to get between him and the commissioners all the time. 

Q. What was the attitude of the commission toward Mr. Goodwin when I was 
absent from the court room? 

Mr. Callahan. I object. I want to state our objection, that the witness 
should be confined to what was said and what was done there. 

Mr. O’Connell. I am hoping he will answer that way, 

Mr. Callahan. I object to your asking that way. I think, although the 
presiding officers can’t decide that absolutely, I think a suggestion from them 
to counsel might lead to it. 

Q. Whether or not Mr. Goodwin protested and they refused to allow the 
ballots to be inspected? 

Mr. Callahan. I object to it. 

Mr. Berman. We note your objection, Mr. Callahan. You may answer. 


24 


TAGUE VS. FITZGERALD. 


Q. And whether or not I appeared the next day, and they rev(‘rsed their 

decision?—A, On tlie inorninti; of yoiir absence from the court Mr. Goodwin 

asked to see the used and unused ballots from the commission; some of the 

commission said they wouldn’t allow it. Mr. Goodwin wanted to ask the 

reason, and Mr. Cunnin. 2 :ham, the chairman, brought down his ^ayel and said 
there wasn’t any reason wh 3 ^ the^" sliould, and wlien Mr. Goodwin protested, 
he called the sergeant at arms to compel Mr. Goodwin to maintain order. 
Then the controversy arose as to going to the election commissioners’ otlice to 
look at the ballots, and at that the morning when you appeared they not onl.V 
reversed their decision, as stated to Mr. Goodwin, but allowed the opening of 
some of the ballots, as well as some of the records. 

Mr. Bekman. Mr. Goodwin was one of jmur attorneys? 

The Witness. He was. 

Q. You were represented at that hearing bj^ mj^self and Mr. Frank A. Good- 
Avin?—A. I was. 

Q. Were the names of the Avitnesses that AA^ere to be summoned bj^ the ser¬ 
geant at arms of the CommonAvealth of Massachusetts, submitted to the commis¬ 
sion?—A. They Avere. 

Q. Did the commission summons all those names, “•j'es ” or “no”?—A. No; 
the.v did not. 

Q. Was their attention called to the fact they Averen’t summonsing all the 
names given to them?—A! It Avas. 

Q. Did the^'^ give any excuse as to aa’Iij^ they didn’t?—A. On one batch of 
20 names, they said the board had not receiA^ed them, but Avhen the matter Avas 
brought to their attention Mr. Cunningham said the board had not receiA^ed 
them, but Mr. Vinson, a member of the board, did admit that you and Mr. 
GoodAvin had presented him the names of 20 AAutnesses that Avere never sum¬ 
moned. 

Q. And those Avitnesses neA^er AA^ere summoned?—A. NeA’er AA^ere summoned, 
notAvithstanding the fact the requests Avere giA^en them, and they Avere never 
found. 

Q. When the hearing adjourned on October 25, AA^as their attention again 
called to the fact they had not yet summoned those Avitnesses?—A. It Avas. 

Q. And thej^ didn’t send down their decision until October 29?—A. They 
didn’t. 

Q. During that time, Avas any eifort made, so far as you knoAA’', to summons 
those Avitnesses, by the commission?—A. They didn’t; no. 

Q. Describe the hearing, so far as the Lomasney cohorts Avere assembled in 
the committee room, and Iioav they acted?—A. When the hearing opened, Mr, 
Lomasney, Senator Fitzgerald, and Mr. Mancovitz and Mr. Brogna Avere as¬ 
sembled behind Mr. Albers. They also had quite a number of men in and about 
the chamber, and especially in the hallAvays. We called the attention of the 
commission to the fact that Mr. Lomasney’s assistants Avere intervieAving the 
witnesses as they came, and AA^ere driving them away, but no heed Avas paid 
to our notification. 

Q. Do you recall a Avitness named David Stone, sir?—A. I do. David Stone 
AA^as about 18 years of age, Avho testified that on election day he AA^ent dOAvn to 
precinct 7, and the list was stolen from him, and the police made no effort to 
get the list. As soon as he left the chamber and Avent doAvn through the hall- 
Avay of the courthouse, he Avas assaulted by three men Avho said they Avere 
members of the Hendricks Club. He came back into the room Avith his face 
cut, his mouth and nose bleeding, and glasses broken. We shoAved him to the 
board, but the board made no effort to stop that- 

Q. What ansAver did the chairman of the board make in ansAver to my question 
that they take action at once to stop such attacks on the part of people attend¬ 
ing the hearing?—A. The board said they could do nothing in that regard. 

Q. Did this thuggery call forth any comments from Mr. Albers, the attorney 
re])resenting Mr. Fitzgerald, at that time?—A. It did. 

Mr. O’Connell. I Avant to introduce this as Exhibit 6, being copy of the Bos¬ 
ton Transcript. 

(Copy of article in Boston Transcript, Oct. 17, 1918, marked “Exhibit 6.”) 

Mr. Callahan. At this time I Avant to state my objection to the admissibility 
of this evidence. I don’t see Iioav it is admissible by the present Avitiiess. 

Mr, Mancovitz. At no time could it be admissible. It couldn’t go in now, any- 
Ava.v, it is not in proper form, 

INIr. Beeman. We Avill admit the exhibit as it is de bene. 

Mr. Bekman. The Congressman s])oke of this assault as taking place in the 
courthouse. Do you mean courthouse? 



TAGUE VS. FITZGEEALD. 


25 


The Witness. No ; the corridor of the stntehoiise. 

Q. Describe what happened to witness who approached the room, and didn’t 
pet in; what was done to prevent them from going in, if you know?—A. Out 
in the corridor, outside the chamber, there were quite a few of the men repre¬ 
senting the Limasney forces, as well as in the corridors of the statehouse on 
that floor. 

^ Q. Describe how they looked and what type of characters they were?—A. 
They were a lot of young fellows, all had soft caps on, golf caps, of which three 
of them were three of the fellows that licked up young Stone, but they disap¬ 
peared after the licking. Also some of them are men that are very prominent 
with the Hendricks Club, which one witness said tried to get them not to 
appear. 

Q. Which witness was that?—A. Mrs. Steinworzel. 

Q. The sergeant at arms brought in the return, made the returns of those 
whom you asked to have summoned, did he not?—A. Yes, sir. 

IMr. O’Connell. I olfer now the returns made on the summonses issued 
by the sergeant at arms for the ballot law commission in the case of Tague v. 
Fitzgerald. 

IMr. Callahan. I don’t think those are official returns. 

INIr. O'Connell. Yes, they are. 

IMr. Callahan. I object to the admissibility of this evidence. It is clearly 
not official. There is nothing on those to indicate they are the official returns, 
except a letter pinned to what Mr. O’Connell claims are returns. We also ob¬ 
ject to the evidence at this time, because it clearly can’t be admitted through 
this witness, and if admitted at all it can be admitted through the testimony of 
the sergeant at arms. 

(Returns marked “Exhibit 7.’’) 

IMr. Berman. Those returns are admitted de bene. I assume you are going to 
present the official returns. 

Mr. O’Connell. These are the official returns. 

]\Ir. Berman. They are marked copies. 

Mr. O’Connell. These are the official returns from the sergeant at arms, 
■who had the handling of this matter of calling witnesses before that commis¬ 
sion, and this is what he has returned to us of having accomplished, or failed to 
accomplish. This is an official document given to us by an official, 

Mr. Callahan. I suppose this is admitted de bene? 

]\Ir. O’Connell. No ; it is admitted. 

Mr. Callahan. Admitted de bene. 

Q. Now, we reached October 21. or on the 19th, did the commission announce 
that being Saturday, on October 19 the commission announced they were going 
to close tile hearing the following Monday, did they not?—A. Yes. 

Q. And on Monday morning when we reconvened the commission announced 
that they would continue the matter then for five days?—A. Yes. 

Q. To* enable the absent witnesses that the sergeant at arms could not obtain 
to be brought forward?—A. They did. 

Mr. Callahan. Note my objection to that question. I suppose this witness 
is here for the purpose of testifying, and we believe his testimony ought to be 
answered “ yes ” or “ no.” 

Q. Describe what the commission said when we convened on the morning of 
October 21. 

Mr. Mancovitz. Didn’t the commission deliver to you another copy, a written 
statement? 

Q. You can read that, if it will refresh your memory, and if it does refresh 
vour memory, you can tell the court just what it was.—A. On the morning 
after we recon-cened, the commission was disturbed because no witnesses had, 
verv few witnesses had, answered the summons. They then served us notice 
that they would use all the power of their office to compel the witnesses to 
report and answer the summons which had been sent out by the board. 

Q. Now, then, the hearing being adjourned, whether or not Mr. Lomasney 
went and had a private conference in a low voice with the commissioners, did 
vou see or hear that? 

Mr. Callahan. I object to that. I believe we ought to conduct these hear¬ 
ings properly. 

Mr. D’Connell. I will withdraw that question and frame it in another way, 
in order to save time. 

Q. What did Mr. Lomasney do when the commission announced adjourn¬ 
ment?—A. When the commission announced adjournment Mr. Lomasney stepped 


26 


TAGUE VS. FITZGEEALD. 


11 ]) to the table wliere tlie eonimission were located and in an undertone voice 
had conversation with them. I believe you wanted to know what the conver¬ 
sation was, but was unable to get wbat they were talking about, and they re¬ 
fused to tell you. 

Q. Now, then, tbe hearing was then adjourned until October 25, when the 
hearing was resumed on the morning of October 25. Describe the conduct of 
i\[r. Lomasney on that morning.—A. On the morning of the 25th ]\Ir. Lomas¬ 
ney came into the room, and there were in the room at the time about 40 wit¬ 
nesses who had been summoned by us on days previous, but whom were unable 
to lind by the sergeant at arms Mr. Lomasney entered the room, and rising 
in his place he addressed the board, stating he bad the power of attorney to Jip- 
])ear as counsel for witnesses, and asked the court to permit him to do so. 
Tbe court, after hearing Lomasney, had a session behind the table and decided 
that the court would not permit Mr. Lomasney to ap])ear. Mr, Albers arose 
and stated to the court that he wanted it distinctly understood that he, and he 
alone, was appearing in the interests of Mr. John F. Fitzgerald, and no one 
had any right to appear for Mr. Fitzgerald other than he. 

Q. What did Mr. Lomasney say about the power of attorney, referring to 
the witnesses who were to testify?—A. He said these men were residents of 
the district, they were men who- 

C}. He represented?—A. He represented, and they should have counsel for 
them. 

Those were the same men you were trying to have the sergeant at arms 
summon and bring in for over a week?—A. For two weeks. 

Q. When the first witness was put on, was your counsel i)ermitted to cross- 
examine that witness?—A. When the first witness was called, you asked the 
board whether or not you were going to be permitted to question the witness. 
They replied they were going to do all the questioning, ami you then claimed 
as your right, they were your witnesses and you had the right to cross-examine 
them when they were asking them any questions in relation to their identity. 
INIr. Cunningham ruled against you on this and said they would ask all the 
questions that would be asked. 

Q. Wbat questions were asked each witness?—A. They asked the witness 
what his name was, whether or not he resided in the place from which he was 
summoned, on the 1st of April, and whether or not he voted on election day. 
You asked permission to have the witnesses show something to identify them¬ 
selves other than that, and named their blue draft card, and that was also 
ruled out. 

(}. What do you mean by that?—-A. The commission wouldn’t permit you to 
ask any questions of tbe witnesses, and not produce any identification" other 
than their testimony. 

(L Did I, as your counsel, request the right to examine all the witnesses?— 
A. You did, each witness as he appeared. 

Q. And it was denied?—A. It was denied. 

Q. Going back a moment, or to when Capt. Fitzgerald of Station 3, who had 
charge of that ward, was called upon to testify in regard to iri*egularities, 
whether the commission would allow him to testify?—A. They would not. 

(L What did the captain say?—A. The captain, after having been sworn, 
was asked to- 

Q. What did he say?—A. He said he started to present his evidence and 
the commission stopped him, and he said he had been a police officer in Boston 
for over 25 yeai-s, and had testified in the courts of the Commonwealth during 
that time on many occasions, and the testimony ]u-esented and the manner he 
was presenting it was tbe same as he had always presented it in any court, and 
the testimony he thought he was presenting M^ould be allowed in any court In 
the land. 

Q. Was the captain permitted to testify?—A. Ruled out of order and Capt. 
Fitzgerald left the room. 

Q. When you attempted to ]U'oduce evidence concerning illegal registration 
and illegal voting of men in ward 5, what did the board do?—A. They refused 
to allow us to present evidence, refusing to hear anything on illegal registration 
or voting. 

Q. The final argument was made on the afternoon of October 25, was it not?— 
A. It was. 

Q. And when did the board render- its decision?—A. On Tuesday, October 29. 
Q. Had the board insisted on the argument on the day on which the testi¬ 
mony was finished, or the afternoon?—A. They did. 




TAGUE VS. FITZGEEALD. 


27 


Q. And what was the reason given for insisting on the argument on that 
day?—A. They insisted on the ground they wanted to close the hearing and have 
the ballots printed. 

Q. That was on October 25?—A. Yes. 

Q. Now you say their decision was not rendered until October 29? A. Tues¬ 
day, the 29th. * rr., n 

Q. That left only six days between that time and election day?—A. That s all. 

Q. How were you notitie{l on October 29 the decision had been made? A. I 
received notification first through the daily newspapers, although I had been to 
the commissioners’ office every day from Friday until Tuesday. 

Q. So. exclusive of Sunday, there would be left for you to carry on the 
campaign for Congress only five days?—A. That’s all. 

Q. Was there any occasion that you know of why there should have been this 
delay of from October 8 until October 29, or October 9 until Octolier 29, for the 
hearing of this case, and the giving of a decision?—A. Absolutely none as far 

as I could see. . 

Q. What was the purpose of it, as you have been able to ascertain—A. As 
far as I could see, for the purpose of delaying me so I couldn’t appeal to the 
courts. 

Q. AVhen you found out their decision, on October 29, did you try to ascer¬ 
tain, or did you ascertain whether the ballots for election day were printed? 

Yes I we went to the secretary of state, and found the ballots, long before 
the decision, before we received the notice, had been sent to the printer, just 
as soon as the ballot law commission rendered their decision. 

’ O M‘dke it clear. I didn’t quite follow you. I was engaged in talking with 

mv'ai^ociate. A. As soon as I learned the ballot law commission had made up 

their decision I went to the secretary of state, and was informed that the 
ballot law commission notified them of their announcement, of their decision, 
and immediatelv the secretary had printed the ballots. _ 

O. And the fact that the ballots were being printed made it impossible for 
you go to the court to appeal from the decision of the ballot law commission, 

* O.* The courts of IMassachusetts have held they will not interfere with election 
machinery when it is so near election day? 

Mr. Callahan. Wait, wait, please. 

O. Now, ]Mr. Tague, be good enough to tell me 


O'Connell. Just note our objection to the remarks of the attorney, Mi. 

O'Connell, in the case. j ^ i t i 

O Having been prevented from having any recourse to the courts, what did 

vou'then do In reference to the election?—A I was obliged to have stickers 
iirinted and did have them printed. I was obliged to distribute them through¬ 
out the district, oliliged to make my entire contest on stickers, within the five 

davs allowed me by the ballot law commission. 

b. So that you had to carry on the campaign by furnishing a sticker to eveij 

Q. Then that sticker was placed on the ballot and marked foi jou? 

O." And you had but five days in which to do that? A- That s all. 

b Did vou have stickers printed? A. I did. x n a v*- 

Q Were the stickers put on the ballot or distributed to the voters?—A. We 

sent stickers to every voter in the district. _ 

\Vhich must have been a gigantic task, nasnt it. A. les, sir. 
a DcscTibe “?at a task it wns.-A. We were obliged 
also sample ballots printed, showing the voter where the sticker should be 
n nced and how marked. We were obliged to send them, m order to reach 
each voter bv mail. Then, besides that, we distributed stickers and sample 
ballotrat kll our meetings and rallies to every voter we could reach, and on 
1 /'firm flow Tinti niPTi standing at everv booth distiibuting stickers. 

‘Jhe arguSSitl^i Mr" Allfers.'as counsel for Mr. 
final summing up, how many cases of illegal voting did he admit?-A. Thiity- 


O Now the commission made a finding? A. They did. ^ 

Q. This’ is the finding set forth in Mr. Fitzgerald’s answer to your notice of 

the contest?—A. Yes, sir. 

O. And may be referred to as such. ^ 

Mr. Berman. We will take a recess of five minutes. 

(Recess.) 



28 


TAGUE VS. FITZGERALD. 


Q. During the interinission, ]\Ir. Tagiie, you called my attention to the fact 
niere were several features in connection with the ballot law commission hear¬ 
ing you had not testified to. AVill you tell us what those features are?—A. In 
the case of John .1. Callahan, one of the witnesses, lestitied the morning after 
Stone had been assaulted, he was called again to the stand and testilied lie 
had been threatened with assault by Senator John I. Pitzgei-ald, who said lie 
would have his head knocked off. Then Mr. Burlen was called before the I'om- 
niissioners to testify in the manner in which the hearing was conducted bv his 
depai tnient, especially in relation to the soldiers and sailors and the protec¬ 
tion of the names of the soldiers and sailors.. 

Q. A\ hat did he say in answer to my question whether or not any precaution 
had been taken in relation to the Boston election commission to see those 
drafted in the Army and Navy were not voted on during their absence?—A. He 
said no protection had been made; he knew of no way of taking any precaution. 

(y 'yis he asked as to whether he knew a great number of men\vere absent 
from the district on account of being drafted in the war?—A. Yes. 

Q. yVJiat did he say?—A. He said he didn’t know anybody had been called 
from the tenth congressional district in the war 
IVIr. Brogn.v. Officially didn’t know. 

Q. As a matter of fact, the whole city knew thousands had been, because 
^ published in the papers, hadn’t they. Congressman? 

Mr. Callahan. AVe oliject to that. Note our ob.iection, please. 

Mr. Berman. AVe note your ob.iection, Mr. Caliahan. You may answer. 

^ s a matter of fact, hadn’t he been notified by the secretary of state of the 
names of soldiers and sailors, if you know?—A. IVIr. Boynton, assistant secretarv 
of state, already testified they had a list, and it had alreadv been sent to the 
election commission. 

Q. So his testimony to the effect that nothing had been done was not a state¬ 
ment—Or true?—A. It was not. 

Mr. Callahan. I ob.iect to that. 

withdraw that question and put it in another wav. 

Q. AAhat was INir Burlen’s attitude on the stand in reference to giving any 
information- . 

Mr. Callahan. AA'ait, wait. 

Q. To questions that were asked by me on your behalft*^ 

INIr. Callahan. I ob.iect to that. 

Mr. Berman. Note Mr. Callahan’s ob.iection. Go ahead 

Answer Mr. Burlen refused to answer the questions which vou put to him 
and \vould answer the question just “Yes” or “No” without’giving anv in¬ 
formation winch you desired. ’ 

S-’ anyBhng else, IMr. Congressmen, you wish to state in reference to 

that hearing? A. Yes. The question of the 1,000 ballots winch Mr Burlen had 
gone to the State printer for. During the recount we couldn’t get the informa 
Don fiom Mr. Burlen as to the thousand ballots. AVhen asked before the 

of election someone tele- 

Q. On the morning or afternoon ?—A. AATll, on election dav. Someone tele- 
plioned Ins house, stating they were short of ballots. AVithout finding- out 
whether or not there was a shortage of ballots, he w^ent to the State printer^ 
Mr. Hairy McDonald, and asked a thousand be printed, and Mr. AIcDonald re- 
fused to print the ballots without the authority of the secretarv of state—— 

Mr Callahan AVait. I want to object to all this evidence on the ground 
itms hearsay evidence and I understand that he says this was the testhnony 
f are at hand and can be summoned and W ean 

get fiist-hand information, and w^e w'ant the best evidence in this case not 
hearsay. I wish my objection to be noted. ’ ^ 

objection is noted. Mr. Callahan. You mav answer 
A Mr. McDonald refused to print the ballots and called up the seyretarv 
of state and told him of the request of l\Tr. Burlen. Mr. Burlen, when Im found 
he couldn t get the ballots, then called up the secretarv of state and Mr Po\mi 
ton testified he ordered a thousand ballots printed. ’ ' 

fi what waas done with those thousand ballots*^’—\ Those 

thousaml ballots w^ere never used so far as w^e know. ’ 

n ^ Rorlen received the ballots. 

Q. AAiiat d d Mr. Burlen say in answer to the question wiiether or not an 
attempt , had been made to get the list of men who were drafted at The aIl 





TAGUE VS. FITZGERALD. 29 

jutant General’s office?—A. He said he didn’t make any attempt. He didn’t 
know of any such list. 

Q. hat did he say in reference to how the ballots were changed around 
on election day from one precinct to another?—A. He said in the afternoon 
of election day, Mr. Finnegan had gone to several precincts and transferred 
ballots from one precinct to another. 

Q. Had this ever been done before, transferring ballots; what did he testify 
as to that having ever been done before?—A. He testified it had never been done 
before. 

Q. This was all confined to ward 5?—A. Ward 5; yes, sir. 

Q. Lomasney’s ward?—A. Yes, sir. 

Q. Precincts right in and around the Hendricks Club?—A. Yes, sir. 

Q. Now, among those whose names had been voted on was that of .Tames 
Friel and Joseph Graham?—A. Yes, sir. 

Q. Who were they?—A. James Friel, jr., was the son of James Friel, presi¬ 
dent of the Hendricks Club. 

Q. Was the father at the booth on election day?—A. The father was there 
on that day and the son’s name was voted on, and the son had been serving his 
country in France. 

IMr. Callahan. I object to that. 

Q. He said so, in effect, if I understand it. Now, then, in reference to 
Graham. 

Mr. Berman. Note Mr. Callahan’s objection. 

A. Mr. Graham also has a son serving in the Navy, according to the records 
received from the navy yard, and his name was voted on, and Mr. Graham was 
at the polls that day. 

Q. In foreign waters?—A. Yes; in foreign waters. 

Q. What office did Graham hold in the Hendricks Club? 

]Mr. Callahan. Wait a minute. It is clearly not in the knowledge of the 
Congressman, and he is testifying to something he doesn’t know anything 
about. ■ . • 

Mr. Berman. Note Mr. Callahan’s objection. 

Q. What position did Mr. Graham hold in the Hendricks Club?—A. Financial 
seci'etary. 

Q. So the son of the president and the financial secretary of the Hendricks 
Club., both working in the Navy and in foreign parts, and they permitted their 
names to be voted upon?—A. Yes, sir. 

Q. Did you have the sergeant at arms make any effort to have these men 
summoned ? 

Mr. Callahan. All right. I am going to talk out loud. We can enjoy 
things just so far. I want to insist on my rights. I think I ought to have 
the right to note my objection. 

iMr. Berman. Note Mr. Callahan’s objection. Go ahead. 

Q. Did you give the names of the father of Friel and father of Graham 
to the sergeant at arms to have them summoned?—A. I did. 

Q. Were both employees working for the city of Boston at that time?—A. 
Mi\ Friel works for tlie city of Boston. I understand Graham works for the 
county. 

Q. Both working at places almost a stone’s throw from the sergeant at arms’ 
office?—A. They were. 

Q. And during this contest the sergeant at arms was not able to find either 
one of them?—A. No, sir. 

Q. And they never appeared?—A. Not until the day after the decision of the 
ballot law commission, they both were on hand. 

Q. Where were they?—A. At the Hendricks Club. 

Q. Did they ever appear at the hearing?—A. Never. 

Q. Tell us about the incidents in connection with voting on the names in 

ward 6?_A. In ward 6, in the list we had put in of names that were voted on, 

there were four or five,’at least four men who appeared—William A. O’Brien, 
104 East Brookline Street, testified when he went to vote, they wouldn’t allow 
him to do so and told him his name was already voted on; Mr. Cornelius Shea 
testified the same way; Mr. George W. Girvann testified he did not vote on 
election day but his name had been voted on- 

Mr Callahan. Please note my objection to all of this evidence. 

ilr* Berman. Note Mr. Callahan’s objection. Go ahead. 

A William Healey, when he went to vote, he was informed his name had 
been voted on, and when he appealed to the election commissioners they said 



30 


TAGUE VS. PITZGERALD. 


they could do iiotliing for liiiu. We had a witness in relation to the voting by 
Augustus Runci, a repeater who was arrested. Ofiicer Eaton testified he tried to 
arrest Runci when he was voting on the name of a man Fufari. When he 
arrested him, Runci told him he had been asked to do so by Mr. Donovan, 
brother of Rei:)resentative Donovan. 

(^ Was anything done in regard to this?—A. I think Mr. Callahan said they 
were trying to get some repeaters, but this was common talk in ward G that this 
was going on. 

Q. ^Vas Runci present when Officer Eaton was testifying?—A. He was, and 
he refused to testify on tlu' ground he would be double crossed. 

Q. Whether or not we received a telegram from Mr. Howell as to his where¬ 
about on election day?—A. Received a telegram from Camp Dix- 

Mr. Callahan. I object. 

A. In which he said he was not in the city on that day and didn’t vote. 

Q. Have you got that telegram? 

Mr. Berman. Was his name voted on? 

The Witness. His name was voted on. 

Q. Was there offered to the ballot law commission the list from the election 
commission you brought showing all these names you complained of had been 
actually voted on at the primary.—A. We subnutted the certified list- 

(h This was in ward 6?-—A. Yes; and saw to it that the election commission 
sent the certified copies from the list voting on that day, the actual copies. 

Q. And did the ballot law commission check up and find the names had 
been voted on?—A. They did. 

(}. And among them was John J. Howell?—A. Yes, sir. 

Q. And it had been voted on?—A. Y^es. 

Q. Is that the telegram?—A. Yes. 

Mr. O’Connell. I offer this telegram. 

Mr. Callahan. I object to it, because it can’t be properly authenticated. 

(Telegram read by Mr. O’Connell and marked “Exhibit 8.”) 

• (Suspend a few moments while counsel looks for records.) 

Q. Now, Mr. Tague, the name of George E. Mealey, 1300 Washington Street, 
was produced as having ))een voted on on the list, was it not?—A. Yes, sir. 

IMr. Callahan. I object. 

(). What was the testimony as to the condition of Mr. Mealey on election 
day ? 

Mr. Callahan. I suppose I can enter a general objection here that this evi¬ 
dence can l)e deduced by proper witnesses, if it can be deduced at all. 

Mr. Goodwin. It is conceded by both parties. 

Mr. Callahan. It is not in the knowledge of the Congressman, only by 
hearsay. 

A. It was conceded to be evidence and we went down and took his deposi¬ 
tion, and agreed it was so. 

Mr. (Ullahan. I make a general objection to all of this evidence. 

Mr. Berman. Note Mr. Callahan’s objection. 

Q. xVs the result of our request that the deposition of George E. IMealey be 
taken, was it conceded by Mr. Albers, repi-esenting Fitzgerald, that IMealey 
didn’t vote on election day?—A. It was, on the evidence produced. 

IMr. Callahan. If the Congressman is willing to agree with the finding of 
the ballot law commission we shall lie glad to abide by the decision. I under¬ 
stood this was a new trial, because you were not satisfied with the decision of 
the ballot law commission, and got to put in that evidence again. The Con¬ 
gressman has a pretty good memory, I know, but he is apt to make some mis¬ 
takes, and I would like to have him know this is a new hearing, and we ought 
to have the best of evidence. We don’t want second-rate evidence. We don’t 
want hearsay evidence. 

Mr. O’Connell. In answer to that, of course, the hearing was held, and the 
evidence that we are putting in now is substantially, if not in fact, exactly 
what it was at this time. Of cour.se- 

]Mr. Callahan. It can be deduced in the same way. 

Mr. O’C'loNNELL. IMr. Albers at that time conceded 37 irregularities, but there 
is this further to it, that board would not consider illegal registration and 
illegal voting. If they had allowed testimony to go in about illegal voting and 
illegal registration, designating at least two to three hundred of those ballots 
given to Mr. Fitzgerald, and Mr. Tague would be adarded without any ques¬ 
tion the verdict, you ask us to agree on what was done. I am ready to agree 
with you as to testimony, as testimony went in. I am not ready to agree with 




TAGUE VS. FITZGERALD. 


31 


you as to the finding made by that commission after their long delay and 
mystery surrounding the whole affair. Congress only is the judge of that. 
In fact, I maintain their findings were all wrong and people in the district to 
whom the appeal was made didn’t agree with that ballot law commission. 

Mr. Callahan. I suppose a commission that is going to make any investiga¬ 
tion, or any congressional committee, will require the best evidence. If this 
hearing before these two judges is simply to he evidence given by the Congress¬ 
man and by yourself, and you are going to take it upon yourself and testify, 
to tell what everybody is going to testify, why, all right; hut I think the 
congressional committee will require the best evidence, and I think it ought to 
be submitted as a matter of fact. You have had the Congressman describe 
the conduct of this commission, have had him describe the conduct of certain 
men, INIr. lA)masney, and certain men that were hanging around the corridors 
and passageway, and now you are having the Congressman testify what every¬ 
body testified in that hearing. I supposed we wanted the best evidence here. 
At any rate, I want my objection noted.' 

Mr. Berman. Note IVIr. Callahan’s objection. 

Mr. O’Connell. I shall introduce here, at this time, the report of the 
adjutant general’s office, as to the absence of these voters on election day. 

INIr. Callahan. I want my objection noted as to the admission of that 
evidence, because the adjutant general is here in Boston, or his office, and can 
he summoned properly, and evidence can be gotten in the right way, and is 
the best evidence. 

Q. jMr. Congressman, will you hurry along and tell us the rest of the other 
features that you had in mind should he brought out. 

Mr. Callahan. Do I understand you sulunitted something as an exhibit? 

Mr. Harrington. No ; we are going to. We haven’t got it here. 

Q. Go ahead, Mr. Togue.—xV. Mrs. Bessie Goldstein, mother of Samuel, one 
witness who testified- 

Mr. Callahan. To that I object. 

Mr. Berman. Note Mr. Callahan’s objection. 

A. She was cross-examined by Brother Mancovitz. I’m no lawyer, but if 
anybody was treated cruelly before court, it was on that day. 

Mr. Callahan. I object to anybody characterizing the attorney or anyl)ody. 

I\Ir. BERitAN. You reserve a general objection to all of this testimony. Why 
not let it go in subject to a general objection? 

Q. Do you recall the incident of the attempt on the part of Jakie Rosenberg 
to iiave the testimony given by Mr. Davis changed, and the daughter coming 
in the following day for the purpose of changing it? Do you recall that 
incident? 

Mr. IMancovitz. The court rules it should he a statement of facts. 

Q. Had you finished about Goldstein?—A. Yes; she testified her boy was 
in France and not home that day. 

(}. Had his name been voted upon?— A. Y^es; then Israel Davis, the father 
testified he was in Alabama. His name was voted on. 

Mr. Callahan. I object to that. 

Q. Who was this Rosenberg who was hanging around the commission hear¬ 
ing at that time?—A. He’s a memlmr of the Hendricks Club. 

Q. What’s his business’?—A. I’m sure I don’t know. I think he works for 
the" citv, I don’t know though. 

Q. Go ahead, Mr. Congressman.—A. There was one witness came in and 
testified she had- 

Mr. Callahan. I don’t suppose, Mr. O’Connell, you want your witness to 

read from notes? . . x. , • , • i 

iMr. O’Connell. I am not having him do it, sir. He is refreshing his recol¬ 
lection from any notes he had. , 

A. These are my notes. Samuel Grosman, his daughter came in and tes¬ 
tified and said, Jakie Rosenberg came out in the corridor and held him up in 
the corridor before he testified, and Samuel Grosman testified Rosenberg came 
up to him before he testified, and the sister testified Ro.senberg came to her 
home on September 14 and asked her to come up and testify. 

Mr. Berman. Do you mean September 14, or October? 

The Witness. This was October. . , ^ . 

(>. Have vou any further features, Mr. Congressman, you wish to bring 
out as to the manner and conduct of the ballot law commission? A. I think 
that’s all. 




32 


TAGUE VS. FITZGERALD. 


Q. Referring to Mr. Piscopo, who was summoned to bring forth the books of 
the Hotel Lucerne, who is Piscopo?—A. He said lie was the owner of Hotel 
Lucerne, 

Q. hat’s the Hotel Lucerne?—A. A small hotel down near the North 
Station. 

Q. Resorted to for what purjioses, moral or immoral? 

Mr. Callahan. AVait a moment. Whether he is qualified to state from his 
own experience. 

Q. General reputation is what I am after. I will withdraw that. AA'hat 
kind of a house is it? Tell us in the first place where it is located.—A. Located 
on Causeway Street, corner of Nashua. 

Q. AVhat ward?—A. AAhird 5. 

Q. Is it a house where people genei-ally resort for food and lodging—A I 
never knew it to be. 

Q. It is located near the North Station, Boston?—A. Yes. 

Q. AA hat did Mr. Piscopo, how many names were registered from that hotel 
on the night of April 1? 

Mr. Callahan. I want to make a specific objection on that, because we don’t 
believe that the question of registration enters into the examination, by the 
congressional committee at this time, and we also allege in our demurrer that 
the Congressman didn’t take advantage of his rights under the law, and there¬ 
fore, this is not the best evidence. 

Q. AA’hen Mr. Piscopo was asked to luing forth his records, what did he say 
about the records?—A. Said they had been destroyed. 

Q. How many were registered from there?—A. I think over 50. 

Q. None of them permanent residents of that hotel, were they?_A. They 

couldn’t be found when the sergeant at arms went after them. 

Q. AVhat did Piscopo say when he vras asked if he could recognize any of 
those people or not?—A. AA'hen asked if he could recognize anv of the men he 
said he could not. " ’ 

Q. AVhen he was asked if anybody would know, what did he say’_A Said 

“ No.” 

Q. AATiat about the hotel register, did he have that with him’—\ No he 
said the register on that date had been destroyed. 

Q. Now, I\Ir. Congressman, what else is there about that hearing that vou 
wish to tell us about.—A. I think I have covered it all. 

Q. You might refresh your recollection.—A. There’s nothing we’ve not gone 
over. There was one occasion I have in mind, was \vhen the names were pre¬ 
sented to tlie comnnssion, bearing the names of the soldiers and sailors Mai. 
Dalton, of the adjutant general s office, sent for the names we submitted by 
you to the commissioners. The commission was about to submit them to Mai. 
Dalton when Mr. Albers asked that he be Jillowed to .see the list. The list wa.s 
sho\» n to ]Mi. Albeis yith the distinct statement of the board that no copies* 
were to be made of the names. The list was handed to Mr. Albers, and as s'oon 
as Mr. Albers got the list in his hand, Mr. Mancovitz and John I. Fitzgerald 
immediate^ began making a list of the names, notwithstanding the ballot law 
commission had asked them not to do so. 

Q. Now. then, as the result of the failure of the Ballot Law Commission to 
consider evidence that was presented concerning illegal registration and illegal 
voting, and also as the result of their decision wherein they found fraud iTad 
been committed, but not quite enough to satisfy them, vou say you were 
obliged to run on stickers?—A. Yes, sir. ‘ ‘ 

Q. And that you had only fiye days before election day in which to conduct 
your campaign in that election contest, describe how the election was con¬ 
ducted. A. On the few days before the election—no, the morning of the elec¬ 
tion, I had men who were helping me placed at the seyeral yoting booths to 
challenge yoters- ^ 

Q. Prior to election day, had you taken any measures to see that there would 
be no fraud, to prevent fraud on election day in ward 5—A Yes sir 
Q. AVhat had you done?—A. Under the law, I petitioned the governor filin- 
with him the names of 10 men in wards 5 and 6 to act as extra precinct officers^ 

AA hen It came around time to select the men, I found Mr. Lomasney, or they 
said .Tohn I. Fitzgerald had filed a list of 10 men. I notified the goyernor Mr. 
Lomasney, at that time, had full control, not only of the Democratic but Renub- 
lican precinct officers, and I was entitled to representation behind the rail 
under the law, and that’s what the law was for. The lists were drawn out and 
in ward 5, notwithstanding I had filed my petition, fulfilling the requirements 



TAGUE VS. FITZGERALD. 33 

office ^ single representative was allowed me by tbe governor’s 

Q. hat did the governor’s office do in reference to appointing men? 

Mr. Callahan. I desire to make an objection here. I would like to have it 
noted. I don’t suppose INIr. Fitzgerald can he held responsible for what the 
governor has done. I don’t suppose there was any collusion between the gov¬ 
ernor and Mr. Fitzgerald. 

Q. Who were the men the governor’s office appointed?—A. They were men 
submitted by Representative John I. Fitzgerald. 

^l^^tion day, in w'ard 5, in Mr. Lomasney’s ward, he had complete 
control of the election machine?—A. He did. 

C. And you were not allowed to have a single man within the rails? 

Mr. Callahan. I object to that. 

Mr. Bekiman. Note Mr. Callahan’s objection. 

Q. Now, then, what did you do on election day, or describe what was done, 
particularly as far as ward 5 is concerned.—A. On election day, I placed at 
each \ oting booth men with lists to challenge men whom we knew to be il¬ 
legally registered. 

Q. What ward?—A. In ward 5. One of the men serving for me, John T. Gib¬ 
bons, in ward 5, five minutes past 6 he telephoned me- 

Mr. Callahan. AVait. I object to this. Mr. Gibbons is here in Boston; he 
can be summoned. • 

Q. Go ahead. A. Mr. Gibbons telephoned me he had been put out of the vot¬ 
ing booth by the warden. I immediately went to precinct 8 of ward 5 and met 
Mr. Gibbons in the street. I then went into the voting booth to find out why 
he had been removed and was told there had been a discussion. I was told to 
go to the sergeant of the police, Sergt. Lewis. I talked with Sergt. Lewis, and 
told him that was one of the old-time tricks in politics of having men get into 
controversies, and those men that were stationed there for the purpose of chal¬ 
lenging votes would be the men to be removed. I brought Mr. Gibbons back 
into the booth, and immediately upon his entering the booth, the warden de¬ 
manded of the sergeant of the police that he be removed on the ground he or¬ 
dered him out. The sergeant of the police refused to remove him, stating he 
had a right there, he was a citizen. 

Q. Did you leave the booth then?—A. No. Mr. Gibbons began challenging 
votes, as they came in, from a list I supplied, and while in there he challenged 
about 20 men. 

Q. AVere those illegal voters?—A. Every one of them. 

Mr. Callahan. I object. 

A. AAffiile he was challenging, the warden raised more objection than anybody 
else, and enough so it was noticed by the sergeant of the police and Mr. Gibbons 
was given the benefit of the law. 

Q. AAffiat happened then? I suppose you had to go to other parts of the 
ward?—A. I did, and later when Mr. Gibbons had been removed and another 
man named Lebosky was working for me, was removed, and a man named 
McCarthy who was working for me was assaulted by a man, and Mr. Halperin 
was going by the precinct at 7 o’clock in the morning on his way to work and 
Vie was accosted by Mr. Fitzgerald’s workers in the ward, when he told them 
he was going to vote for me in East Boston he was assaulted. I think Mr. 
Glynn was the name of another man who was assaulted on election day, while 
attempting to challenge illegal voters in my behalf. 

Q. AA'ere these challenges Mr. Gibbons was making accepted at that time 
while you were present? 

Air. Callahan. I object to that. 

Air. Beeman. Note Air. Callahan’s objection. 

A. The challenges. were made and the warden at least went through the 
form. AA’e weren’t permitted to see whether the challenges were accepted or 
not. 

Q. After that, was any other challenge permitted there that day you know 
of?—A. Other challenges were made. As soon as they were made that was 
when the supposed row started and they put Gibbons out of the room and that 
was the reason Air. AIcCarthy was assaulted, for making challenges. 

Q. AATiat else happened in ward 5? Are there any other features about that 
election day you want to speak about? You can consult your notes.—A. I 
haven’t any notes on election day. 

3 


122575—19 




34 


TAGUE VS. FITZGERALD. 


Q. What did you discover, that stickers were being used throughout the dis¬ 
trict, other than you furnished?—A. During the afternoon word came to me 
that a sticker had been printed by my opponent and was being distributed, 
especially in East Boston, and up at the South End. 

Mr. Brogna. Note our objection as being purely hearsay. 

Q. Have you got any of those stickers with you?—A. I have one. 

Q. Is this the kind of a sticker you were using?—A. That is the sticker I 
had printed. 

Mr. O’Connell. I offer this. 

Q. Now, then, is this the kind you found as being-A. That’s the sticker 

that was being distributed on that day. 

Q. Your sticker has gum on it all over? A. Yes, sir. 

Q. And the other sticker has no gum?—A. No gum at all. 

Q. So the sticker that was being used throughout the district- 

(Sticker with gum, marked “Exhibit 9.”) 

Q. Your sticker reads as follows: “ Peter F. Tague for Congress tenth dis¬ 
trict,” with space for a cross to be marked?—A. Yes, sir. 

Q. And the other sticker- 

Mr. Callahan. I suppose, before submitting this as evidence, the Congress¬ 
man ought to testify where he got it, and wlmt knowledge he has, of his own 
knowledge, what does he know of his own knowledge as to the use of those 
stickers. I think those are preliminary questions. This is clearly not admis¬ 
sible unless properlj" offered.—A. That sticker was secured by me from the 
ballot box of precinct 1, ward 1. 

Q. That sticker, referring to the one-A. That sticker there [indicating], 

INIr. Callahan. I would like to know what evidence the Congressman can 
offer as to the use of these stickers? 

Mr. O’Connell. M’e will give it to you, and you will have all the opportunitv 
in the world to cross-examine. 

Mr. Callahan, I don’t suppose it can be admitted unless proper ground is laid 
for its foundation, and if I keep it I don’t suppose it will be admitted anyway. 
Please note my objection to the admission of that sticker as it is 

IMr. Berman. Note Mr. Callahan’s objection. 

Mr. O’Connell. This sticker reads^^ 

Q. Did you ever see this sticker until you found it on election dav’_A No 

sir. • ■ " ■ * ’ 


You refer to it 


distributed 


]\Ii. O Connell, this reads, “Peter F. Tague, Boston, Congressman,” and this 
has no gum and was not being distributed by your men?—A. No, sir; not 

being printed by me or in mj" interest, and the ink is not the standard ink 
covered by law. 

Q. YTiat parts of the city- 

(Sticker without gum marked “Exhibit 10.”) 

Mr. O’Connell. Exhibit 10 counterfeit sticker without gum. 

]\rr. Brogna. We object to the word “ counterfeit ” sticker, 
as “ gummed.” We ask to have it stricken from the record. 

Mr. Berman. It may be stricken from the record. 

Q. What parts of the city were those counterfeit stickers being uisrnnurt 
in?—A. I found them being distributed in East Boston and precinct 1 ward 0 
Jlr. Brogna. Note <mr ol).iection; it is only lieareay. 

IMr. Berman. Objection is noted. 

Q. As a result of the election- 

^ suhmit the Congressman is going to be hei-e to-morrow 
and I think 4 is a decent hour to quit. We have regular appointments ami 
something besides taking evidence in this case 

T M'-- Callaiian, is, tve could fudsi, tliis thin- 

I don t think It will tal.-e very lonf;, with Mr. Tasne’s direct testiinonv. 

JMr. (,.VLLAHAN. I think at this time it ou.aht to he settled and settled timllv 
for the first week; at any rate, what hour.s to come here and wl,at h„S"s 'o 
eave. I don t suppose you can give all your time, and I know all our time canh 
he given to these heajangs. and we think they ought to he conducted within a 

wo”k ^ « Ih-etty gooS 

Q. Now, IMr. Congressman, ns the result of the unofficial renort^s nf 
election the results showed that Mr. Fitzgerald had received a p uralitj over 
vou of how many votes?—A. Three hundred and forty-seven ^ 









TAGUE VS. FITZGERALD. 


35 


-A. Yes; I think those are the figures. 


Q. Three niindred and forty-seven ?- 
I’m not very clear on that. 

on the night of election as to the returns? 
Did the leturus come in promptly from ward 5?—A. No; they did not. They 
came in just the same way they did on the primary. 

T came in.—A. On election night, precincts 3, 7, 8, and 9— 

city was turned Pi’ecincts—were held out until every other precinct in the 

tPcsc precincts very close and adjoining the election commissioners’ 
oltice:—A. les, sir. 

circumstances of an election they would have their returns 
1 mst, being the jirecincts nearest from which the returns are to be made‘s— 
A. les, sir. 

Q. Now when the last return came in from ward 5, how late at night was 
im—A. I think, about 9 o’clock. 


Q. You petitioned for a recount?—A. I did. 

Q. And a recount for election day was held?—A. Yes, sir. 

Q. \\'hen election day recount was held, I will ask y!)u if it was in the man¬ 
ner 111 which the recount should be conducted?—A. We then asked that the 
ballots that were to lie counted be counted at one table, and each ward counted 
singly, and that was to give me an opportunity to see that every vote had been 
cast, and give an opportunity to protect my rights on the ballots.' 

Q. \\ hat did the board do?—A. The board decided they would not permit it 
and they didn’t continue to count those wards at the one time. ’ 

(J. This required you to get another representative? A. I did. 

Q. As the result of that was the recount conducted in some wai-ds without 
a representative from you? A. When they opened the hearing, I think there 
was only one representative, although we are entitled to two, there was only 
one representative in wards 1, 2, and 6. 

Q. Describe how this election commission’s attitude was at this recount after 
refusing you this opportunity of recount vote by vote. A. The board refused 
to count the ballots at one table and wanted the count to go ahead, and Mr. 
Burlen came out and said all challenged votes would be put aside and sent in 
the commissioners’ office. 

(^. Was there any confusion during the two days of the recount? A. Quite a 
little confusion, more so than almost any other recount I ever attended. 

Q. Was that confusion the result of any effort on the part of Fitzgerald’s fol¬ 
lowers to confuse your people who were helping you?—A. I think so. 

Q. Describe the conduct of the commission, and the manner in which they 
conducted the recount.—^A, 'When the challenged votes were laid aside, or 
brought in the room, the commissioners sat at the table, or a representative 
of ]\Ir. Fitzgerald, and as each vote was questioned, and you had made your 
allusion to your claim on the ballot, the commission acted the same as they 
did in the primary, showing very clearly to me they didn’t intend I should have 
the fair chance I should have. 

Q. Tell us what they did and how they did it.—A. The commissioners counted 
the ballots, as they came in, according to their own interest. On one occasion 
the question came up on account in ward 1, Fitzgerald’s representative claim¬ 
ing there was a mistake in those i)recincts. The man at the table refused to 
recount that precinct, or that block in the precinct, and the question came be¬ 
fore the board, and it was decided that they would recount the precinct. Then, 
we made the same claim in precincts 1 and 2 of ward 6, whe're we knew there 
had been an error, and the board then agreed after ward 6 was finished they 
would recount the votes in ward 6, in precinct 1 and precinct 2, Mr. Finnegan 
was then marking. When the question came ui) of recounting precincts 1 
and 2 of ward 6, Mr. Burlen stated they agreed to allow that and Mr. 
Finnegan objected and said he would stand by the original counts in precinct 
1 or 2, he didn’t care whether the board wanted a recount in precinct 1 

or 2, or not, he would stand by the decision as it was originally made, and he 

wouldn’t sign any certificate, if there was one to be made in the precinct. The 
recount was held in the precinct, and we got 9 votes in the precinct. 

Q. What did Finnegan do?—A. He got up from the table and left the room. 

(>. When he found out?—A. When he found out the recount was going to 

be made. 

Q. What about Commissioner IMurphy?—A. During the recount Mr. Murphy 
on almost every occasion when a challenge was made olijected to having a re¬ 
count made. 


3G 


TAGUE VS. FITZGERALD. 


Q. What Avas his phrase in reference to it? Yon don’t recall?—A, I recall a 
few of them, hut I don’t think they would stand here. Generally, he said, “ I 
object.” , 

Q. What did the election board do in reference to a ballot wh.erein a sticker 
was placed, but the cross was not exactly opposite your name?—A. Threw that 
ballot out. 

Q. What did they do with the ballots on which the stickers were placed, on 
which the cross didn’t happen to be?—A. Threw them out. 

Mr. (’allahan. Wait, I object to this. This is not the best evidence. 

Q. What did they do in reference to the ballots in which your name was ex¬ 
pressly written, “ Peter F. Tas'ue, Boston,” althou^jli the cross was not placed, 
althou^?h it was in the place where the candidate for Congress was voted for?— 
A. Itefused to count those. 

INIr. Callahan. I object to that for the same reason. 

Q. If they had counted those votes, what would have been the result?—A. I 
would have been nominated. 

Q. You would have been elected?—A. I would have been elected. 

Q. As the result of the recount which was conducted the original recount of 
347 was reduced to how much?—A. Two hundred and thirty. There were also 
some challenged votes there too. 

Q. In reference to the votes that were challenged what did the board do in 
reference to those?—A. When the challenged votes came in there was supposed 
to be a number put on those votes, and the board decided they would not be 
seen, and then the numbers were removed from the ballots and the ballots put 
back in their place. 

Q. How does the number of 22 challenges that we know on election day com¬ 
pare with the number of voters which were challenged bv vour men?—A. I 
couldn’t tell you. 

Mr. Callahan. I object. 

Mr. Bekman. Note Mr. Callahan’s objection. 

Q. During this recount, was the election office beseiged by the Fitzgerald 
and Lomasney leaders and cohorts?—A. I should say they were. 

Q. How many should you say were around there?—A. It looked like a relay 
race through the corridor with Fitzgerald adherents running back and forth 
through the corridor from- 

Q. From whom?—A. From Mr. Murphy to Mr. Fitzgerald and Brother Henry 
and Dick Field and others in the corridors. 

Q. Now, Mr. Tague, before I close, I forgot to ask you to describe the 
Hendricks Club. You have referred many times to the Hendricks Club and 
I don’t believe the record will show what is meant by the Hendricks Club 
Describe so the committee will understand just what the Hendricks Club is* 
where located, and its purpose.—A. The Hendricks Club is located at the 
corner of Green and Pitts Street. It is an organization known as the political 
organization of Martin M. Lomasney, and he is the controller, general chief 
general and all. ’ ’ 

Q. Is it contined to any one political party?—A. I don’t think so. Mr. 
Fletcher is seen there very, very often. He is ax^parently a member He is 
the Republican nominee for Congress. ue . ne is 

Q. How large a place is it?—^A. Large room. 

Q. Does Mr. Lomasney make it his personal headquarters?—A. It is his 
office. That is, part of the room, the inner office is his office. 

Q. Located in ward 5?—A. I'es. 

Q. Not far from city hall?—A. No. 

Q. What is the membershiii of the Hendricks Club composed of principally’ 
What walks of life do the men come from?—A. All walks, a great many citv 
f'juployees. " 

Q. Now what is the situation in reference to the colonization that exists in 
ward 5?—A. In ward 5, on investigation made and being made I think re¬ 
vealed the fact there were over 1,000 men voting in that ward that don’t even 
live in the city, before this case closes we will have men that will give evidence 
of that many- 

Mr. Callahan. Please note our objection to that answer. 

Q. Are these men affiliated with the Hendricks Club?—A. According to the 
way they voted they must be. ^ 

Q. How many rooming houses are there in that district, are there many’— 
A. Great many. ' 




TAGUE VS. FITZGERALD. 


37 


V iSutfe-Tw describe th^ Hotel Lucerne to be’— 

n I ^ sort of inferior grade. 

How inany^can^wui there are in that district? 

the Meiu-m Hons^- fhp Bowdoin House, the Derby House, 

Bowdoin Sou-ire the aj market, the Falmouth, I think is the name, the 
O I of those down Vincent’s way. 

of the candid-ite^ n^e^tr^V which is taken by the political club when the names 
oi me candidates aie to be announced and what is done if you know’ 4 r<^n 
ei-ally announced the Sunday before election. ^ 

g. How ? A. By a meeting of the club. 

Fuigen“oh;7. h^t3ge™“- 

Q. ^Uiat happens at that time, if you know’—A. The candidate who thov nro 
generally introduced to the members. ^ ^ 

g. u ho determines who the candidate is?—A. Martin 
g. Martin who?—A. Lomasney. 

anything to soy as far as I know. 
i.Mi. Lallahan. I object to the answers. 

Ml. Berman. Note Mr. Callahan’s objection. 

. the Boston papers carry a story as to the manner in lyhicli the meet- 

Sunday, prior to election day, in which, describiu" in 
full Martin Lomasney jumped from the presiding rostrum took olf his m-it 

ooftsL'f T™®® «'«t y»>- .nust'be defeated af ali 

n A ^ present, but the papers rpioted him as being yery angry 

g. Anything, Mr. Tague, you think off?—A. No. " 

Mr. O’Connell. Then we rest. 

^L. Callahan. I suggest we adjourn until \ye come in to-morrow morning. 
(Controversy about the hours of holding the hearing. Finally decided to 
come in at 10 o’clock, Thursday, February 20.) ^ 

Peter F. Tague. 


Building, Boston, Mass., February 
^4, 1J19, at 10 a. ni. before Abraham C. Berman, esq., and David J^Iancovitz 
esq., as notaries public. 

(Counsel: Joseph F. O’Connell, esq., for the petitioner; John P. Feeney, esq., 
and Timothy 1. Callahan, esq., for the respondent. 

Notary Berman. The hearing will now be resumed. Before proceeding with 
the hearing, I want to find out if the following witnesses answered the sum¬ 
monses. 


(List of witnesses summonsed was read off.) 

^Ir. PIarrington. IVill your Honor announce, if any of those witnesses come 
they shall report, because at the end of the day, all those who have not reported’ 
^ye are going to ask that the matter be referred to the district attorney, so we 
do not want to refer anyone to him if they come here, or anyone representing- 
thern. 

Notary Berman. That may be understood, that all witnesses who ore sum¬ 
moned here must appear, and those who do not appear, the aid of the law will 
be invoked to bring them here. 

Mr. Callahan. I think it might be well, at this time, Mr. Notary, so that 
witnesses won’t be intimidated, that no threat be made here. I think’it might 
just as well be understood Avliat rights the district attorney has in his. My 
brother, I think, is trying to give witnesses the impression that if they do not 
come here they will be prosecuted. 

I Avant the witnesses to know, and I want it to go on the record, that if the 
witnesses are not here, they will not be iirosecuted. There is no process of the 
laM% there is no statute that says that witnesses will be prosecuted or can be 
prosecuted. 

Mr. O’Connell. Do I understand from that, you are inviting witnesses who 
are duly summoned here not to come? 

Mr. Callahan. Certainly not; but I object to the words of the counsel, and 
the words of Mr. Harrington when he tries to intimidate witnesses. 

Mr. Harrington. I want to say I wasn’t trying to intimidate them. The 
reason that I requested that they report to you was just to prevent that. We 
will supply to your Honor at the end of the day a list of those who have not 
reported, and send their names to the district attorney according to the law as 
the law provides, for indictment. My only idea was to give those who come 


38 


TAGUE VS. FITZGERALD. 


here a chance to report so we will not make any mistake—no intimidation, 
no threats. It is going to be done. 

IVIr. Callahan. I suppose, Mr. Notary, that witnesses if they are summoned 
will honor their summons. But if they do not honor their summons, Mr. 
Harrington knows perfectly well that there is no statute that we can call to 
the attention of the court which says that witnesses can be prosecuted for not 
coming here to testify. 

Mr. O’Connell. If your Honor ])lease, I would like at this time—there is no 
sense in this discussion—I would like to have you read so that the public may 
understand it and the witnesses may understand it. just what the law is as 
laid down in that section of the statute referring to witpesses summoned before 
invesigations of this kind. I think that would clear the atmosphere. 

Mr. Callahan. You know perfectly well, and every one of you khow per¬ 
fectly M^ell. 

Mr, O’Connell. Never mind any argument. 

Mr. Callahan. Now, Mr. Notary, let me understand whether there is one 
attorney here conducting this case, or three. 

INIr. O’Connell. Go ahead and read the law. 

Notary Bekman, You know who counsel for Mr. Tague is? 

Mr. Callahan. Yes; but I do not like to- 

Notary Berman. And they know who counsel for Mr, Fitzgerald is. 

Mr. Callahan. The suggestion of Mr. Harrington was a threat, pure and 
simple. 

Notary Berman. It wasn’t intended as a threat, and I do not consider it 
was a threat. 

Mr, Callahan, I- 

Notary Berman. And what I said wasn’t intended as a threat. 

]\Ir. Callahan. AVant people to know their rights. 

Notary Berman, All the witnesses who are summoned in the court are re¬ 
minded of a section of the Revised Statutes of the United States which reads 
as follows: 

Mr, Brogna. The section, please. 

Notary Berman. In this pamphlet which I have in front of me- 

Mr. Callahan. Isn’t it a paper? Read the real statute. 

Notary Berman. It is called section 116, 

Mr. O’Connell. Of the Revised Statutes of the United States. 

Notary Berman. (Reading:) 

“Any person, having been summonsed-” 

IMr. O’Connell. For your information, let me state to you that this is the 
Revised Statutes, United States Revised Statutes. You will find it in volume 1. 

IMr. Callahan. I know perfectly well he isn’t reading from the Revised 
Statutes. He is reading from a pamphlet. 

Notary Berman, This is the statute pertaining to summonses of witnesses, 
and this statute will be vigorously enforced against all witnesses who violate it 
regardless of what counsel for Air. Fitzgerald may say or think. 

Mr. Callahan. Now, I submit, is that in the statute? 

Air. O’Connell. Go ahead. 

Notary Berman. This is what I am stating, the preamble to mv reading of 
the statute. 

“Any person, who, having been summonsed in the manner above directed, re¬ 
fuses or neglects to attend and testify, unless prevented by sickness or unavoid¬ 
able necessity, shall forfeit the sum of $20 to be recovered with costs of suit 
by the party at whose instance the subpoena was issued, and for his use, by 
an action of debt in any court of the United States; and shall also be liable 
to an indictment for misdemeanor, and punished by a fine and imprisonment 

Proceed, Air. O’Connell. 

Air. O’Connell. I guess that is strong enough and plain enough. 

THOAIAS H. GLYNN, sworn. 

Q. (By Air. O’Connell.) AVhat is you full name?—A. Thomas H. Glynn. 

Notary Berman. Have you been sworn. Air. Glynn? 

The Witness. No, sir. 

Notary Berman. Do you solemnly swear that the testimony you shall give 
in the cause now in hearing shall be the truth, the whole truth, and nothing 
but the truth; so help you God? 

The AVitness, Yes. 

Q. Your full name?—A. Thomas H. Glynn. 





TAGUE VS. FITZGEEALD. 


39 


Q. Your business?—A. Cotton broker. 

Q. Where do you live?—A. No. 9 Helen Street, Dorchester. 

Q And on the election day of November 5, 1918, were you present in ward 5, 
Doston, on election morning?—A. I was. 

there because you were interested in the candidacy- 

don’t you let him tell why he went there? 

C. lou Avent there because you were interested in the candidacv, and be- 
cause of jmur friendly interest to Mr. Tague?—A. Mr. Gibbons. 

Q. Mr. Gibbons.-* Mr. Gibbons is a friend of yours?—A. Yes, sir. 

}. Now, will you state briefly what part of ward 5 you first went to?—A. On 

the morning of election, I went to what they call the Municipal Building, in 
ward 0 . ■ ’ 


Q. What was your purpose in going there?—A. With a check list- 

Mr. Callahan. Now, have him tell what he did and what he saw. 

Q. Go ahead. 

Notary Berman. Proceed. 

itness. W ith a check list of the voters of that respective precinct, 
with the sole purpose of checking off the names as they voted. I went there 
and reached there about 5.50 in the morning, and it was 10 minutes before the 
polls opened, and when I reached there I stood up against the building, and I 
made no remarks or had any conversation with anybody until INIr. Fitzgerald, 
John I., came down to me and he said, “ WJiat are you doing down here to-day? ’’ 
I did not answer to that particular question. He seemed to be a little" bit 
peeved. _ He said, “ You belong in Dorchester.” And to that question I said, 
; 1 am interested and have a right to be here, Mr. Fitzgerald, because there 
IS a Dorchester candidate running for Congress.” He said, “ W^e will take 
care of you,” and he walked back from the spot on which I stood and I said, 
as \ye parted, “ I have some rights. I came here as a gentleman, and I hope 
I will be allowed to part from here as a gentleman.” Of course his state¬ 
ment— 

Mr. Callahan. Now, will you please- 

O. AMiat did you understand by his statement to you? 

Mr. Callahan. Now, wait, wait. I submit that isn’t a proper question. 

Notary Berman. Note Mr. Callahan’s objection. You may proceed, Mr. Wit¬ 
ness. 


Mr. Callahan. Now, don’t you believe these things ought to be conducted 
properly ? 

Notary Berman. They are being conducted properly. 

Mr. Callahan. Do you mean to say that this witness is permitted to testify 
except just as to what was said and what was done? No conclusions or assump¬ 
tions or anything else; he is permitted to testify to- 

Notary Berman. I made my ruling, and your objection is noted, Mr. Callahan. 
15)11 may proceed, Mr. Glynn. 

The WITNESS. His statement-, as it came—in the manner it came—warranted 
me to believe that if I did not leave there- 

Mr. Callahan. I object to that. 

Notary Berman. Note Mr. Callahan’s objection. 

The WITNESS. I might have had him carry out his statement relative to be 
taken care of. 

IMr. Callahan. If you think counsel is wrong, Mr. AVitness, testify in your 
own way. 

Mr. O’Connell. One second, I notice we have proceeded without our stenog¬ 
rapher. 

(Short reces.s, to await arrival of petitioner’s stenographer.) 

INIr. Feeney. AA"e ofCer to give you a copy of the evidence from an official 
court stenographer. 

IMr. O’Connell. AA’e will wait for our own stenographer, a reasonable length 
of time. 

Mr. Feeney. You have already spent 28 days on this down to Palm Beach 
yourself, when you should have been trying this case, and when your 40 days 
are up, I don’t want you to make any complaint that we have been wasting 
your time, when I offer to give you a copy free of charge of an official stenogra¬ 
pher’s copy. 

Mr. O’Connell. You have used up now a page of testimony. 

INIr. Feeney. I have used up a page of testimony, but I am trying to get you 
to use common sense. 1 ottered to give to you the evidence and you don’t ac¬ 
cept this offer. 








40 


TAGUE VS. FITZGERALD. 


]\rr. O’Connell. AVhat I started to sny, Mr. Feeney, was this: AVe will wait a 
few ininutes, and if onr stenographer does not come along within two or three 
minutes, I shall be very glad indeed to accept your offer. 

IMr. irEENEY. Thank you. 

Mr. O’Connell. No need of you using three pages. 

INlr. P’EENEY. AVhy don’t you go ahead now, and if your stenographer comes 
in two or three minutes we will then give you the evidence. You haven’t any 
doubt but what Mr. Kenney is an official stenographer and a man you can rely 
upon? 

Mr. O’Connell. AVell. you evidently the other day wouldn’t rely upon him. I 
was willing to agree with you the other day that tiie testimony that was taken 
by your stenographei* would be accepted as the evidence to go into the case, 
and you ob.iected and wouldn’t agree to it. 

Mr. Feeney. AA"e simply wanted to have no mistake later on. to have your own 
stenographer. That was the idea of that. AVe wanted each witness to sign the 
testimon.v. 

IMr. O’Connell. AAdiat do you say now about it? 

Mr. P’eeney. I say now we want the testimony signed, so the witnesses can’t 
say later on that the testimony was improperly taken, so you can’t say our 
stenographer didn’t give you a proper transcript of the evidence. Now, we will 
give you a transcript of the evidence in the absence of your stenographer, and 
your witness can read it and your witness can sign it, and you won’t have a 
chance later on to complain about the taking up of time. 

IMr. O’Connell. Now, have you finished? Have you got anything more to 
say? 

IMr. Fee?>ey. I can see .lust what you are tr.ying to do. 

Mr. O’Connell. If you have anytliing more to say, please say it. because then 
I want to say something. I am not going to try to say anything with you but¬ 
ting in on me every time I try to say a word. 

Mr. Feeney. Evidently you haven’t got much to say—sensible to the last. 

Mr. O’Connell. Thank you for that. I knew I would win it from you. Air. 
Feeney, I was going to say to you our stenographer has arrived. 

Notary Beeman. AA^e will proceed. Air, O’Connell. 

Mr. O’Connell. AA’^ill you be good enough to give me your attention? 

Mr. Feeney. Oh, speak up, speak up. 

Mr. O’Connell. AA^e will go all over this thing again. Air. Olynn, take the 
stand, please. Now you want to waste time this way, now waste'it. 

Notary Berman. AAliy not. Air. O’Connell, have your stenographer take the 
record as far as it has been testified to this morning by this witness, and pro¬ 
ceed from there on? 

Air. O’Connell. That was the suggestion I was going to make to Air. Feeney, 
but he was so cavalier in his manner, that I did not"have a chance to get it 
out of my mouth. 

Air. Feeney. I have offered to give him a copy of the evidence of the day. 
I have offered to have the hearing continued while his stenographer was away 
under some misapprehension, and offered to give him a copy of the evidence. 
I will give you a copy of the hearing up to date now, if that is vdiat vou want' 

Air. O’Connell. That is all right. 

THOAIAS H. GLYNN, recalled: 

Q. AATiat did you understand by Air. Fitzgerald’s statement to .vou at that 
time?—A. The statement, as it was made, and the movement of the arm was 
nothing more nor less than what I should consider a threat. 

Q. You are a cripple?—A. Yes. sir. 

Q. And you get around—you have to use two crutches in order to ^-et 
around?—A. Yes, sir. 

Q. And this .Tohn 1. Fitzgerald is Senator -Tohn I. Fitzgerald?—A. Yes sir 

Q. One of the chief lieutenants of Alartin AI. Lomasney?—A. AYell accord¬ 
ing to what I understand. * ’ 

Air. Feeeny. Keep your voice up. 

Q. And has represented this district—AVard 5—in the Alassachusetts senate 
for two .vears?—A. Yes. 

Q. And took a very prominent part in the Tague-Fitzgerald contest in favor 
of John F. Fitzgerald?—A. In the precinct I was in, I guess he did 

Q. Now, as the result of his threat to you, what did you do?—A. AYell I hist 
watched the movements of the other men around there, and quietly and'almost 
inch by inch, or foot by foot, 1 looked over all the automobiles, anil when I goi 


TAGUE VS. FITZGEEALD. 


41 


it of reach of about everybody that 1 tbougiit might want to injure me, why, I 

Aent right up to Cambridge Street, and I knew I was in the zone of safety, 

then down to where Mr. Gibbons was stationed, and I- 

\\ here was that? A. That was on Blossom Street, I believe. 

_ g. One of the other precincts in the ward?—A. There were other precincts 
in the ward. 

Other precincts you speak of?—A. Yes; I went to 
Mr Gibbons, where he was stationed on Blossom Street, and explained matters 
to him. 

Q. Was he inside a voting booth?—A. He was inside the booth, and I called 
him one side and I said- 

Mr. Feeney. AVait a minute. Now, I object. 

Notary Bekman. Note Mr. Feeney’s objection. 

Mr. O’Connell. Go ahead. 

Mr. Feeney. Yon admit the testimony? 

The Witness. “I have jmt left there, John, for my own safety. Fitzgerald 
was in a rage there. He has threatened me, and for that reason I left there 
. and came down to you to tell you that I can no longer work in that particular 
precinct.’ 

I then sat on a settee in this precinct on Blossom Street, and I watched the 
proceedings there, and 1 got up to Mr. Gibbons and I said, “ What are you 
calling names out for?” He said, ‘T am challenging.” I said, ” What i-. this 
short gentleman in there—inside the rail, saying to these men?” And he said. 

He is noting the challenge.’ I then went over and I sat dowm again, and Mr. 
Gibbons said, ” Well, you have got it pretty soft,” and I didn’t do anything 
only smile. A few^ minutes after, I seen—I heard a policeman instructing Mr. 
Gibbons that he must leave the precinct w'ard room. 

Q. Was that because of any w'arning or request of the w^arden to the police¬ 
man?—A. The stout gentleman behind the rail instructed the officer, but the 
direct order for his leaving came from the officer. 

Q. Then wdiat took place?—A. So, then w^e got out on the street, and there 
were four or live or more of the same people that w^ere in that precinct in the 
basement wdio came out on the street. 

Q. Well, you did not tell us—about how many people w’ere in and around the 
booth at the time the warden told the policeman to have Mr. Gibbons leave?— 
A. Inside or outside? 

Q. Inside,—A. There must have been eight or nine, including myself. 

Q. What w-as their attitude toward Mr. Gibbons?—A. Well, I do not know 
their attitude, 

Mr. Feeney. Well, now, stop, please, 

Q. What did you notice about them?—A. I noticed they were performing 
their duties, and they seemed to know everybody wdio came in to vote. 

Q. In reference to Mr. Gibbons, wdiat w’as their language?—A. Well, the 
incident, as it took place, wuas that Mr. Gibbons was objected to because he 
spoke to me, and the tw^o other gentlemen also went out that entered the 
w’ordy argument with Mr. Gibbons in the room there. Mr. Gibbons and my¬ 
self left. He w^ent out on the street, and w^ent to—walked up to the- 

Q. Now, after Mr. Gibbons left the booth, did these fellows, these men that 
were inside the booth, come out?—A. Yes; I said that. 

Q. What did they do wffien they came out?—A. They just stood around the 
door, on the outside of the sidewalk. 

Q. Now% did Mr. Gibbons go awuiy then?—A. Yes; accompanied by Sergeant 
Lewis. 

Mr. Feeney. Sergeant who? 

The Witness. Lewis. 

Q. How far did he accompany you aw'ay from the booth?—A. Up as far as 
Tremont Row and Tremont Street, to Epstein’s drug store. 

Q, Now% have you described what these men were doing inside the booth, 
before they left to come out?—A. They were—some had books. They w^ere 
checking. If a voter came in, they apparently knew him, and they spoke to 
him. 

Q. Now’, coming back to John I. Fitzgerald, who w’as near you, how near 
the booth w’ere you wiien he made his threat to you?—A. I w’as on the side¬ 
walk, just' aiongside the building, to the main entrance. 

Q. Going into the booth?—A. Yes, sir, 

Q, And this wms 10 minutes before the polls opened?—A. Yes. 

Mr. Feeney. Will you give me that booth? 





42 


TAGUE VS. EITZGERALD. 


Q. Blossom Street, you said?—A. No; that was the ward room. 
Mr. Feeney. Ward room? 

Mr. O’Connell. I think you may inquire. 


Cross-examination by Mr. Feeney; 

Q. So as to get it on the record, your full name is what?—A. Thomas H. 
Glynn. 

Q. Thomas H. Glynn?—A. Yes. 

(}. And you live where?—A. 9 Helen Street, Dorchester. 

Q. That is in what ward?—A, That is in Ward 19. 

Q. And did you vote in that ward that day?—A. No, sir. 

Q. Now, did you give to ex-Congressman O’Connell the full and proper 
reason why you went down to Ward 5?—A. I did. 

Q. And that reason was because there was a Dorchester candidate running 
for Congress in that district?—A. Friendliness existing between Mr. Gibbons 
and Mr. Tague. 

Q. And friendliness existing between Mr. Gibbons and yourself?—A. And Mr. 
Tague. 

(}. And Mr. Tague and yourself?—A. Inclusive. 

Q. And yourself?—A. Yes. 

Q. Did you go down there at the request of Mr. Gibbons or of Mr. Tague?—• 
A. At the request of Mr. Gibbons. 

Q. At the request of IMr. Gibl)ons. So that when you said that you went 
down there because there was a Dorchester candidate running, you merely in¬ 
tended to be a little bit funny or facetious, did you not? Yes or no, please. 
You intend to be a little bit funny, did you not?—A. No. 

Q. Now, what time did you vote in your own ward upon that dav?—A. At 10 
minutes of 3 in the afternoon. 

Q. You are a cotton broker?—A. Yes. 

Q. Working for whom?—A. For myself. 

Q. For how long a time have you been working for yourself, as a cotton 
broker?—A. 14 years. 

Q. You had a place of business at the time, on election day?—A. I did. 

Q. And your place of business was located where?—A. 23 Medford Street 
Boston. ^ 


Q. And you had an office there?—A. Yes. 

Q. Now, on that day were you in your office at 23 Medford Street‘s—\ No 

sir. ’ • - » 

Q. Are you associated with anybody at your office at 23 Medford Street‘s_ 

A. In what way? 

Q. In any capacity?—A. Yes. 

Q. You have employees there?—A. Yes. 

Q. And you have—there are other tenants in that place?—A. No. 

Q. You are the sole tenant at 23 Medford Street, Boston?—A. Yes. 

-3 Medford Street, Boston, is located where?—A. Down near the 
North Station. 


A. I am not familiar 


Q. And that is in this congressional district, is it not?— 
with the boundary lines. I couldn't say yes or no to that. 

Q. V^u are not familiar with the boundary lines and don’t know that vour 
own office is located in what is now Congressman Tague’s district. Is that 
right?—A. I do not know the boundary line. 

Q. Vou have had that office for a number of vears, have you not*^ \ T 

liave. " " . - . X 


Q. And you have been paying rent for that office for a number of vears have 
you not i —A. I have. ’ ’ 

Q. And to whom do you pay rent?—A. Mr. Butler. 

Q. His full name is what?—A. Thomas Butler. 

(}. Is Thomas Butler engaged in the horse business?—A. No 
Q. Grain business?—A. No. 

Q. And Thomas Butler is your landlord?—A. Yes. 

Q. The man to whom you have been paying rent for the past 14 years? A. 

Y es. 

^ (i. And do you mean to tell me you do not know whether or not that office 
IS located within this congressional district or not?—A. I still sav I do not 
know whether it is located- 

Q. How much of your time have you put in at 23 Medford Street for the nast 
six months?—A. Daily, weekly, or monthly? 



TAGUE VS. FITZGERALD. 


43 


Q. Daily.—A. One hour a day. 

y*’"tliei-e each day at least one hour for 

me past SIX months, have you?—A. More or less. 

there every day? I mean bv that dealing fairlv 
hour ^more^Tr'^'less^ for the past six months, liave you, at least one 

a week?—T Yes^^ would be there at least three or four times 

b()oth\mongo down into this ward room or into this 

d ioct Xl vm your office happened to be in that congressional 

uisinct, Old .>oii?_A. I did not go to mv office. 

n T question again.—A. Put the question again, 

and into'fX again, lou did not go down into that district 

nXe 1 to hP m n ward rooni that day, because your business place hap- 

pe ed to be in Congressman Tagues congressional district, did you?—A. Wh>, 

lo^io^WcTX^ vX ^■^‘‘^son you went there was because you were requested 
to go theie by Mr. Gibbons. Is that right?—A. Yes. 

Q. And you Avere not requested to go there by Mr.’ Tague?—A. No. 

Q. And you did not go there as a pair employee of either?—A. No, sir 
g. And you have not been paid by either of them for your presence or your 
work there at that time?—A. No, sir. 

Q. You are not summoned here as a Mutness to-day?—A. I am summoned 
a copy of which I hold. Otherwise I wouldn’t be here. 

Q. That is, you were unwilling to come here as a voluntary witness to tell 
your story?—A. My time is valuable. 

ere you unwilling to come here as a voluntarv witness to 
tell of your observations of that da.v? 

Mr. O’Connell. I do know whether it is at all material. 

Mr. Feeney. I insist on the question. 

The AVitness. I answered the— 

Q. Pardon me, pardon me. M ere you unwilling to come here as a voluntary 
Y itness to tell this commission what you observed happened there on primary 
or election day?—A. Yes. 

Q. You Avere unwilling to do so?—A. Yes. 

Q. AVhy?—A. Because it was never even asked of me. 

Q. AVhat?—A. It was never even requested of me to volunteer. 

Q. Is that the only reason?—A. Because I wouldn’t know there was a hear¬ 
ing here if I didn’t receive the summons. 

Q. Is that the only reason?—A. Because I obeyed the law, obeying the sum¬ 
mons. 


Q. Is that the only reason?—A. Because I felt as though I was compelled 
to come here. 

Q. Is that the only reason?—A. The essential reason, yes, sir. 

(}. Is there any other reason?—A. No. 

Q. Is the fact that you have been busy, very busy, lately, any reason why 
you would refuse to come as a volunteer witness to tell what you saw there 
upon the day in question?—A. If I was busy, I wouldn’t be here as a vol¬ 
unteer. 

Q. Mliat?—A. If I was busy, I wouldn’t be here as a A’olunteer. 

Q. M>re you busy as-A. Always busy. 

g. Always busy? Always bus.v ns a broker?—A. Yes. 

g. As an independent wool broker?—A. Cotton. 

Q. Cotton broker? 

Mr. O’Connell. A big distinction. 

g. And so that when you were summoned here, that was the first information 
you had that you were expected to come here and to testify?—A. Yes. 

Q. Yes, sir. Now, then, have you told this commission now fairly, and fully, 
as you now recall it, your observations at the booth and at the wardroom 
upon that day?—A. As per questions asked of me; yes. 

g. Yes; now will you let me see the summons, please?—A. [MTtness hands 
summons to counsel. 1 

g. Do you recall who served the summons upon you?—A. No. 

g. .Tohn H. Backus, deputy United States marshal served it upon you. Where 
did he serA’e it upon you?—A. At the designated address, 9 Helen Street. 




44 


TAGUE VS. FITZGERALD. 


Q. When?—A. Let me read it. 

Q. That won’t tell you where it was served at, unless it is on the back. 

Mr. O’Connell. You can look at it if you want to. 

Mr. Feeney. Yes; you can look at it; but I am telling you it won’t help you. 

Mr. O’Connell. Why not? 

I\Ir. Fp:eney. Because there are so many reasons why not; don’t waste your 
time trying to tell him. He probjd)ly knows; hut you don’t. 

Mr. O’Connell. Yh)u wouldn’t object to helping him? 

Q. Do you recall, as a matter of memory, now, when this was served upon 
you ?—A. No, 

Q. Now, iNIr. Witness, don’t let my friend here disturb you; but do you recall 
when that summons was served upon you?—A. [Witness examines summons.] 
It wasn’t served upon me personally, 

Q. When did you tirst get the summons yourself?—A. When it was handed 
to me by my sister. 

(j. When?—A. The day after it was served. 

(}, M'hen was that?—A.,The day—24 hours after it left there. 

(j. Now, let us see where we are. You are trying now to tell this board the 
recollections—the things which you remember as having happened dowm there 
in the polling booth some time last year, are you not?—A. I am. 

Q. Now, tl'en. in order to fairly test your memoiy and the value of your 
memory, I will ask you when did you get that summons handed to you—see 
how good your memory is?—A. The day or the hour? 

Q. The day. See how good your inemory is; sir.—A. The night of the 18th 
day of February. 

Q. The night of the 18th day of February? The date of this subpoena is the 
18th any of February, 1919. Is that right?—A. That is correct. 

Q. Did you not tell this board that it was not handed to you, that,it wasn’t 
given to you except by your sister, and that that was 24 hours afterwards? Did 
you say that?—A. Yes. 

Q. Is that correct?—A. It is correct. 

Q. Then you did not get it on the 18th, did you?—A. Yes. 

Q. You did not get it until 24 hours after the 18th, did you?—A. I got it 24 
hours after it was served at the house. 

Q. That was served at the house on the 18th, wasn’t it?—A. I didn’t get 
home that evening, Mr. Feeney- 

Q. I did not ask you that. It is dated the 18th, isn’t it?—A. Yes. 

Q. It wasn’t served before it was dated, was it?—A. That I don’t know. 

Q. What?—A. That I don’t know. 

Q. M hat day of the week did you get it?—A. If you will supplv me a 
calendar, I will tell you. • 

Q. Well, you know the day of the week—you know what dav to-dav is, don’t 
you?—A. Yes. 

Q. What is to-day?—A. To-day is the 24th. 

Q. To-day is what?—A. The 24th. 

Q. Now, if to-day is the 24th, you can tell us when the 18th was, can’t voiF'*—• 
A. Six days earlier. 

Q. And can’t you tell us the day of the week?—A. Bv tiguring it un I 
could; 5 'es. . - « i 

Q. Will you do it?—A. Will you assist me? 

Q. Will you do it?—A. Will you supply a calendar? 

Q. Let me ask you this question. This subpoena requires your presence here 
at this court room on the 24th of February, does it not?—A. it does 

Q. Well, weren’t you here last Fridtiy?—A. I was. 

Q Weren’t you iiere before any subpoena was ever—summons served upon 
you?—A. I was. ^ 


Q. eren’t you here before you were summoned to come and testify?_A. I 

was. 

Q. Meren’t you here at least two or three days before the date which is 
stated in this summons as the date when you were required to come here'^’— 
A. No. 

Q. Mell, you weren t required to come here bv this summons until the ‘^4th 
of February, were you?—A. That is true. 

Q. You were here last Friday, were you not?—A. I was. 

Q. So that you came here at least three days before the date when this sum¬ 
mons required your attendance; is that right?—A. Two days; I will say,'no. 



TAGUE VS. FITZGERALD. 


45 


Q. 

Q. 

Q. 

Q. 


many days did you come here before this summons required your 
presence here?—A. Yesterday was a holiday. i^pniea join 

Q. One day, if it was a holiday?—A. Sunday. 

Sunday. Saturday was a holiday?—A. Yes. 

That is two?—A. Yes. 

Friday was the day you were here?—A. Y^es. 

hprp*?—A (lays before this subpoena required your attendance 

heie. A. To the answers, I will say three days. 

Q. Three days?—A. Not two. 

Q. Then, what did you mean by saying a few moments ago that you wouldn’t 
come here voluntarily, that you wouldn’t come here because you were busy, that 
you wouldn t come here because you wouldn’t know there was any hearing, that 
jou youldnt come here until you got this paper served upon you What did 
you mean by saying that?-A. My business calls me in this building every day. 

(). Is that the reason you came up here?—A. Yes. 

Q. Then you came up here because of your own private business, on last 
hriday?—A. And to be a spectator. 

Q. And to be a spectator at this hearing?—A. Yes. 

Q. Before any subpmna was served upon you?—A. That right I thought I 


Q. You had that, unquestionably.—A. I thank you. 

Q. And that is the reason you came here?—A. Yes! 

Q. So you weren’t sincere, you weren’t really honest and frank with me a 
moment ago when you said that if you did not get a subpoena, you wouldn't 
know that a hearing was being held? That is right, isn’t it?—A I answered 
that before. 

Q. Y^ou were there on Wednesday and Thursday, weren’t you last week*;*_A 

In the building, yes. " ’ ’ ' 

Q. Y^ou were present in the room when the hearing was going on on Wednes¬ 
day and Thursday of last week, weren’t you?—A. No. 

Q. On either day?—A. No. 

Q. You did not know there was a hearing?—A. Friday I was here. 

Q. No, pardon me. You did not know there was a hearing going on relative 
to Mr. Tague and Mr. Fitzgerald’s election on Wednesday and"Thursday when 
you were here in this Federal building?—A. No. 

Q. Y^ou did not know there was such a hearing going on?—A. No. 

Q. So it was Friday, knowing that there was a hearing going on, that you 
casually dropped in, as you had a right to, to listen to the hearing. Is that 
right?—A. That is correct. 

Q. Now, then, on Friday how did you happen to know there was a hearing 
going on?—A. By the newspapers. 

Q. What newspapers?—A. One of the daily newspapers. 

Q. On Friday?—A. On Saturday morning. 

Q. Friday? Stop; stop. Wait. I am going to be fair with this man. He 
is trying to do the best he can under pretty provoking circumstances. You do 

not mean Saturday’s newspaper, do you?^—A. I believe- 

Q. You do not mean Saturda.v’s newspaper, do you? Pardon me, you do not 
mean you came in here Friday because of what you saw in Saturday’s news¬ 
paper, do you? Yes or no.—A. No. 

Q. I thought you didn’t. That was merely a mistake upon voiir part‘d_ 

A. Yes. 

Q. All right.—A. I apologize. 

Q. Now, let us see. Upon this day- 

Mr. O’Connell. I shall be glad to introduce the newspaper of Friday and Sat¬ 
urday. 

IMr. Feeney. Go ahead, if you want to. 

Mr. O’Connell. All right, I will. 

Mr. Feeney. Go ahead, if you want to. 

Mr. O’Connell. Thank you. That is rather a fair retort. 

Mr. Feeney. Go ahead, and put that in the evidence, if you want to. 

Notary Berman. Proceed. 

Mr. Feeney. Now, let Congressman O’Connell conduct this hearing, Mr. 
Notary Public. 

Notary Berman. The witness is here. You proceed. 

Mr. Feeney. The Congressman wants to do something. He don’t know what 
it is. 

Mr. O’Connell. You are wasting a lot of time. 




46 


TAGUE VS. FITZGERALD. 


INIr. Fp:eney. He Avoii’t do it, if Arthur Harrington has his way. 

Q. It is true, Mr. Glynn, isn’t it, now, that you came in here on Friday because 
of what you saw in a newspaper either upon Friday or some preceding day? 
That is right, isn’t it?—A. Will you ask me the question again, please? 

Q. That you came here Friday because of what you had read in the news¬ 
paper on Friday or because you had read in the newspaper that there was a 
hearing here on some preoeding day?—A. The reason I came here was- 

Q. No, no. I am asking you now if you came here upon Friday because you 
read something in the newfrpaper on Friday or Thursday or Wednesday?—A. I 
believe, to the best of my memory, I read it in Friday morning's Post. 

Q. Friday morning’s Post?—A. I think so. 

Q. Now, you believe you read it in Friday morning’s Post?—A. Yes. 

Q. And up to that time you did not know a hearing was being conducted here 
in the Federal building relative to the election of Mr. Fitzgerald for Con¬ 
gress?—A. Until I received my summons. 

Q. Until you received your summons? You received your summons on Satur¬ 
day, didn’t you?—A. Friday night between 5 minutes of 12 and 10 minutes 
past 12. 

Q. Friday, between some time Friday night or early Saturdav morning?—A. 
Yes. 

Q. Your sister handed you this subpoena?—A. She did not hand it to me. 
At that hour she is in bed. 

Q. I thought you said it was handed to you by your sister?—A. Laid with 
the rest of my papers on my desk. 

Q. Oh, so what happened was, then, you found it upon your desk?—A. Yes. 

Q. Either Friday night or Saturday morning after you had been in this 
building at this hearing?—A. Yes, sir. 

Q. That is true, is it?—A. That is true. 

Q. Now, then, do you recall the day of the month when you went—when elec¬ 
tion day took place?—A. The date? 

Q. Yes.—^A. No. 

Q. AVell, you went down to this booth on election morning, at the request of 
Mr. Gibbons, did you?—A. Yes. 

Q. And for the reason-A. That is all. 

Q. That is all? ■ Because Mr. Gibbons asked you to go down there?—A. Yes. 

Q. And you went down there without expecting any compensation from Mr. 
Gibbons or from anybody else?—A. That is right. 

Q. That is right, isn’t it?—^A. Yes, sir. 

Q. Now, what time did you get down to this booth upon that morn¬ 
ing?—A. 5.50. 

Q. And you remained there in the booth, how long?—A. Did not have a chance 
to get into the booth. 

Q. You remained at the booth how long?—A. About 40 minutes. 

Q. Until about half past 6? At half past 6 you left there and went to the 
ward room?—A. Yes. 

Q. Is that right?—A. Around that. 

(J. And you stayed at the ward room about how long?—A. Pretty near an 
hour. 

Q. So you left the ward room about half past 7?—A. You are in the ward 
room. 

Q; What?—A. You have mentioned the ward room. I had left the ward 
room. 

Q. You left the ward room about half past 7, didn’t you?—A. Yes. 

C}. Now, from there you went up to the corner of Tremont Street and Tremont 
Row?—A. No. 

, Q. Where did you go after you left the ward room?—A. I have already testi¬ 
fied to that. 

(}. Where did you go to?—A. To Blossom Street. 

Q. M’here did you go to first? Where was the booth you went to first?—A. The 
wardroom. 

Q. At the wardroom?—A. Yes. 

Q. You went there at 10 minutes of 6, didn’t you?—A. Yes. 

Q. You stayed there until half past 6, didn’t you?—A. Plalf past 7. 

(,). You stayed there about half an hour, didn’t you—30 or 40 minutes‘>— V 
Yes; 0.30. ' ^ * 

Q. Which is it?—A. 6.30. 

Q. You said 7.30, didn’t you?—A. No, sir. 




TAGUE VS. FITZGEKALD. 


47 


romi, at" ifaTf p^t’??" fS or noT"’* '™''‘’- 

n‘''T^P’''''''“'''' U° Will you please move back? 

Q. Dicl you say that?—A. 6.30 I left the wardroom. 

questimi —r'nld’/snv'ff “t '’«'<■ Past 7? Kow, answer my 

question. A. Did i sa> I left the wardroom at half past 7? No 

past 6?— Z i did'''' half 

Q. Half past 6 you went to Blossom Street?—A. Yes. 
lioui-.s!^'"' at P.lo.ssom Street how long?—A. Oh, about over two 

oV?oek.°" Street about half past 8. Is that right ?-A. Around 9 

Q. Now, are you sure about that? You are sure you left the booth and wpnt- 
a^ylly about half past 8?—A. The hour I am not sure of. 

Q. ell, it is about that time?—A. On or about that time 
(}. Now, did you go back again that day?—A. No. 

^ Q. Now,^ haven’t you got this thing all confused? Isn’t it true that the ward 

romn isn t it true that the ward room is on Blossom Street?_A. No 

Q. Panhm me. Do you mean to tell this hoard that the ward room isn’t on 
I h«som street -A. It is the ward roem I am speaking about" Xre l wm, 
nist. I do not think it is on Blossom Street. 

(}. \ou do not think it is on Blossom Street? You were down there that 
morning; now, surely, weren’t you?—A. Positively. 

Q. P»etween 10 minutes of 6 and half past 8?—A. Yes. 

Q. You were down there?—A. Yes. 

(}. Now. during that time, did anybody strike vou?—A. Strike me*? 

Q. ^A’ell, you heard my question.—A. Struck—they struck me forcibly bv their 
language, yes. • 

Q. And i suppose they hurt you forcibly by their language, too. Is that the 
struck during those few hours?—A. That was the most 

effective way. 

Q. Is that the only way you were struck during those two hours, bv their 
language?—A. Yes. 

Q. What?—A. Yes. 

Q. Your answer is “ Yes.” So that when Air. Fitzgerald—who vou sav made 
threats against you—acted in the way so that you thought vou were bein- 
threatened, all he did was talk to you?—A. His mode of conversation was S 
little hit different than usual. 

Q. Can you tell me anybody else you talked with, except Air. Fitz'^-erald 
at the ward room, as you term it?—A. Nobody else. ^ ’ 

Q. Nobody else but Senator Fitzgerald? Now. did anybody else talk to vou 
at the second place you went to, which you term the booth, on Blossom Street 
except the police officer who ordered you out?—A. And Air. Gibbons. 

Q. And your own friend. Air. Gibbons? Air. Gibbons is your own friend isn’t 
he?—A. Yes. ‘ ' 

Q. He is the man who requested you to come down there, and he is the man 
who told ,vou you were having it pretty .soft?—A. Yes. 

Q. He thought you were having it pretty soft although you weren’t getting 
anything for your work. Is that right?—A. Yes. ‘ 

Q. Now, then, you have told us the only people who struck you with their 
language or who threatened you, haven’t you?—A. Yes. 

Q. Yes. Now, from 10 minutes of 6 to half past 6, it was during that period 
of time that you .saw and talked with and listened to Senator John I. Fitz¬ 
gerald, wasn’t it?—A. Between 10 minutes of and 6.30; yes. 

Q. You did not see him again after that?—A. No. 

Q. That is the only time you saw him during that day?—A. Yes. 

Q. And he is.the only man down there who spoke to you, whose name you can 
give me?—A. Yes. 

Q. And he is the only man who spoke to you in a threatening way upon that 
day down there, isn’t he?—A. Yes. 

Q. And along, then, at somewhere around half pa.st 8 a couple of officers came 
and told you to get out of the booth?—A. You are at another booth now, Air. 
Feeney. 

Q. At another booth I am speaking of?—A. Yes. 


48 


TAGUE VS. FITZGERALD. 


Q. You weren’t a voter down there?—A. No. 

Q. You had no business in the booth?—A. That of an American citizen; yes. 

Q. You had tlie business of an American citizen in that booth?—A. In any 
booth. 

Q. In any booth. How long were you in there acting as an American citizen 
before you were ordered out by the officer? About two hours?—A. I wasn’t 
ordered out. 

Q. Al)out two hours?—A. I wasn’t ordered out. 

(). You were there about two hours, were you?—A. I should say so. 

Q. Seated in that booth?—A. Yes. 

Q. Not in your own congressional district?—A. True. 

Q. AMien a police officer ordered Mr. Gibbons out?—A. Y"es. 

Q. But you weren’t ordered out?—A. No. 

Q. You voluntarily left there?—A. Yes. 

Q. For aught you say you might have remained there as an American citizen 
all day. Is that right?—A. In that particular booth? 

Q. In that particular booth. From there you went out with your friend Gib¬ 
bons and went up as far as Epstein’s drug store, and then you went about your 
business to your own district. Is that right?—A. No. 

Q. AVhere did you go after that?—A. I went to dinner; went to have some¬ 
thing to eat. 

Q. You went to dinner.—A. You understand I didn’t vote until 10 minutes of 3. 

Q. You did not vote in your own district until 10 minutes of 3 in the after¬ 
noon?—A. I’^es. 

Q. Now, you have told us pretty faiily about the happenings down in this 
district ?^—A. Yes. 

Q. Between 10 minutes of 6 and half past 8, which was the last time that 
day that you were in that congressional district. That is right, isn’t it?—A. 
That is right. 

Q. Do I understand you to say, now, you weren’t present at any hearing 
conducted here by this notary prior to last Friday? Do I understand you 
now to say that you weren’t present at a room in this building when a hearing 
was being conducted before tliis notary relative to the election of Mr. Fitzgerald, 
])rior to last Friday? I want you to answer that question. By “prior” I mean 
before last Friday?^—^A. Before last Friday? 

Q. Yes, sir.—A. At the hearing, yes, sir. 

Q. At the hearing?—A. I wasn't at the hearing before last Friday. 

Q. Were you here at the time when the hearing was not being conducted, but 
^^heu you expected one would be conducted?—A. I was. 

Q. AVhen was that?—A. That was on Thui-sday. 

Q. IVere you here before Thursday at a time when the hearing was not being 
conducted, but when you expected the hearing was about to be conducted?— 
A. No. 

Q. Thursday was the first time that you made your appearance?—A. Y"es. 

Q. That was two days that you were here before you were summoned?—A. 
One day. 

Q. One day. l^ou were here Thursday without a summons, and you M’ere 
here Friday without a summons. Is that right?—-A. Yes. 

Q. You were here Thursday in consultation with Mr. Tague?—A. No con¬ 
sultation. 

Q. Talking with Mr. Tague?—A. I talked with Mr. Callahan, too. 

Q. You were here talking with counsel for Mr. Tague, were you not?—A. And 
others. 

Q. And by counsel with Mr. Tague you mean Mr. Goodwin here and also l\Ir. 
Harrington? You were talking with them, were you not?—A. And I would like 
to say with Mr. O’Connell- 

Q. You were talking with those two lawyers? 

INIr. O’Connell. They are real lawyers, too. 

INIr. Feeney. They are real lawyers, and I am glad you admit it. 

A. I talked with two or three at that time of these law.vers here. 

Q. Did you talk with those two men last Thursday and Friday?—A. Yes 

Q. And so you did not expect at any time that you would be a witness here, 
mitil about 12 o’clock Friday night, or 10 minutes past 12 on Saturday morning, 
nlien you found among your letters and papers at home this subpmna which 
you have referred to here. That is right, isn’t it?^—^A. Yes. sir. 

Q. On Friday you n'ere here how long?—A. Oh, perhaps an hour. 



TAGUE VS. FITZGERALD. 


49 


Fri,inv‘'ni^M' '"Sht, or about 12 o’clock on 

T 1 o 1 *' ^0^1 fii’st expected to be a witness?—A. I did not expect to 

I liad my summons to be one. f-vpt'ct lo. 

hore?^‘A‘]^o‘*iurtiflcatlon,'“® of being a witness 

Q. How about expectations?—A. Expectations don’t enter into it. 

/V question.—A. Expectations don’t enter into it. 

v>. Did you expect to be a witness before that time?—A. No. 

Q. Don’t you know that while you were here on Friday—and didn’t voii 

l'3i ™ "■0“‘0(1 to have you go on the witness 

wi i and objection was made because counsel for Mr. Fitzgerald 

had not been notihed that you were going to be a witness? Didn’t you know 

:\Ir. O’CoN NELL. Just a minute. 

Mr. Feeney. Pardon me. 

Mr. O’Connell. Pardon me. 

timi^'pleaser’ pardon me. Will you answer the ques- 

^Ir. O’Connell. Please- 

^Ir. Feenexl Please what? 

Mr. O’Connell. I was going to say- 

Mr. Feeney. Pardon me. I would like to have the witness answer mv Question 
without any help from you. I know your game. 

Mr. O’Connell. I resent that. 

:Mr. Feeney. I don’t care what you resent. I am not picking any fuss with you. 
(}. Didii t j oil on Fiidny know tliot coiin>s0l luid offorod von ns a witiiGSS and 
objection had been made because counsel for Mr. Fitzgerald had not been notified 
that you would be called as a witness? 

Notary Beeman. Now wait. What is your objection, Mr. O’Connell? 

Mr. O’Connell. The absence of Mr. Feeney last Friday has got him confused 
a great deal’- 


Air. Feeney. Alay I have an answer to my question, Mr. Notary? 

^li. O Connell. confused into making misleading statements, misleadin”" 
for himself and consuming a tremendous amount of time, because of the mislead"^ 
ing view of the case that he has got. Now I can state- 

Air. Feeney. Will you have my question admitted or ruled out? 

Notary Beeman. I have to take Mr. O’Connell’s objection before I can rule 
on it. 

Mr. Feeney. Is he making an objection? 

Mr. O’Connell. I can not. while you interrupt me. 

Air. Feeney. Won’t you state the objection, such as you want to have passed 
uiKin? 

Mr. O’Connell. I was going to say, your Honor, that IMr. Feeney might save 
his time and ours if he would find out what the exact facts were in reference to 
last Friday. That he is misleading and misrepresenting the situation in the 
question that he is framing for the witness, and he is undoubtedly doing it unin¬ 
tentionally. He is a good cross-examiner, but what is the need' of wasting his 
time and our time? He is wasting it on false premises. If Mr. Feeney will 
permit me, I did not attempr to put Mr. Glynn on the stand last Friday, and that 
is misinformation, wherever it came fi’om. 

^Ir. Feeney. Now, if you are all through, will you sit down? 

Notary Beeman. The witness may answer the question. 

Q. Now, will you answer the question?—A. When my name was called last 
Friday I said, “ I have no summons.” 

Q. So that Air. Feeney was not so far wrong, but Brother O’Connell was 
present when your name was called and you said that you did not have a sum¬ 
mons. That is right, isn’t it? 

Air. O’Connell. Now wait a minute. Don’t get “ Brother O’Connell ” into that. 

Air. Feeney. Brother O’Connell is in over his head now and he can’t get out. 

Air. O’Connell. Brother O’Connell didn’t call any persons as witnesses. 

Q. l^our name was called as a witness and you stood up and said you had no 
summons?—A. Yes. 

Air. O’Connell. No, no, no. 

Air. Feeney. He says yes. AAJll the stenographer please put the witness’s 
answer in there and not Brother O’Connell’s? 

Q. About what time of day were you called as a witness, when you said you did 
not have any summons?—A. I don’t recollect. 


122575—19-4 








50 


TAGUE VS. FITZGERALD. 


Q. About when?—A. I don’t remember. 

Q. Can’t you tell us about what time it was?—A. No. 

Q. Is your memory bad on that, too?—A. My memory is very good. 

Q. When was it that you were called as a witness and you said you had no 
summons?—A. During the time I was here as a spectator.^ 

Q. Was that in the morning or the afternoon?—A. I don’t know. 

Q. Don’t you know?—A. I can say it was in the afternoon. 

Q. Who called on you when you said you had no summons? A. Some one oi 

the three counsel for Mr. Tague. .. o a t\t.. 

Q. And here are the three of them here. Now which one was it?—A. Mi. 

Harrington. 

Q. Mr. Harrington who is sitting here side of Mr. O Connell.-' 

INIr. O’Connell. Back of me. 

Mr. Feeney. No ; I said side of you. 

Mr. O’Connell. Back of me. , t 

Mr. Feeney. He ought to be side of you and not back of you in this line 


of work. ^ ,, , 

Q. Do you remember what time of day it was when Mr. O Connell called upon 

you, or Mr. Harrington ?—^A. Some time in the afternoon. 

Mr. O’Connell. Just observe, Mr. Notary, the inaccuracy- 

Mr. Feeney. No ; that is all. 

Mr. O’Connell. That is all. 


Commonwealth of Massachusetts, 

ISnffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to writ¬ 
ing the testimony of the witnesses in the contested election of Peter F. Tague v. 
John F. Fitzgerjild, having tirst been duly sworn by the notary, do hereby make 
affivadit that I have truly and correctly recorded and transcrilied the evidence 
of the above witnesses within this book. 

Nancy H. Hareis. 

Boston, Mass., May 5, 1919. 

Personally appeared above, Nancy H. Harris, and made oath that statement 
signed was true to the best of her kno\A'ledge and belief. 

Abraham C. Berman. 


Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 129 pages, 
together with the notice of contest and answer, is a true and correct copy of the 
testimony taken before me, under oath, in the contested election of Peter F. 
Tague V. John F. Fitzgerald, beginning February 19, 1919; exhibits herein 
referred to are marked as described and made part of this record. 

Abraham C. Berman, 

Notary Public. 

Boston, Mass., May 5, 1919. 

THURSDAY, FEBRUARY 20, 10 A. M. 

Mr. Brogna. Have you the subpoenas that were served upon the witnesses 
appearing here this morning? 

Mr. O’Connell. Yes. I think I will introduce these subpoenas with the offi¬ 
cer’s return upon them. Are you desirous how these subpoenas shall be marked 
or whether they will be put in or not? 

Mr. Callahan. I understand they have to be certified by the judge. 

Mr. Cl’CoNNELL. Then I offer them to you for certification. 

Mr. Callahan. I ask that each one of those be certified at the time the wit¬ 
ness appears. 

Mr. O’Connell. Then that is all very well. 

Notary Mancovitz. Are the witnesses here, Jonathan Tomlinson, etc.? 

Notary Berman. In order that there may be no misunderstanding, I am going 
to read the section of the Revised Statutes pertaining to the summoning of 
witnesses. In pursuance of section 116 of the Revised Statutes of the United 
States: 

“Any person who, having been summoned in the manner above directed, re¬ 
fuses or neglects to attend and testify, unless prevented by sickness or un- 



TAGUE VS. FITZGERALD. 


51 

avoidable necessity, shall forfeit tlio mim nf 

Sint, by the party at whose inst-iTir-p tnL ^ ^ recovered, with costs of 

by an action of debt to anv com^ n? h ^^^e, 

to an indictment for a misdempnnnl^^n^m States; and shall also be liable 

I make this statement now tlvit Vbi I bne and imprisonment.” 

of the United States Attorney for ^^^oh ^ ^ brought to the attention 

Mr. OUoNNEim Mr Tmmf ta n be required by law. 

Callahan. ^ ^ ^ stand? lou may examine, Mr. 

Cross examination of Mr. Tague by Mr. Callahan • 

have. ’ Member of Congress for 4 years?-A. I 

n tno been a member from this same district*^—A I have 

Q. A.K1 has this been the tenth disti-lct each year you have been thereV-A. 

A <=0mp>'ised ot tlie same wards?—A. Yes. 

Wr,‘Lomasn^'?— a!^ I'clid*.''" Congress, Mr. Tague, you had the support of 

ve^v hotly'contested?— aI^Ycs.^*'''^ contest—the primaries of that contest were 

eoa' '^"Sue, were you elected?—A. I think about 

8' Mr”fonmsue”v‘^?t'T7;u tT®"’ ' *'’® ®’^'‘''®‘ '“y 

did at‘ the eTJ^fhe c^tLt *"PP®rt">Syou for the nomination ?-A. He 

Q. Mell, at any rate, just before primary day and on the nrinnrv dnv ATr 

oTnd'drL“^”®n';;‘"‘^" supported you, did they not‘?-l Yes ' ’ 

lecall how many votes you received in ward 5 that venr*?_A 

M ard 5 that year was in Charlestown. 

Q. Then the districts have been changed since then?—A The numbers of thp 
^rds have been changed. The district has been changed i, litt^^“ aJ Theluth 

tin?e?—A‘''waM s' ^®“‘‘®''®y'» "'as wliat ward at that 

Q. Mhird 8, and also a part of wards G and 7?—A. No. 

•aiYl s on ^ L®^“‘^sney lives and votes what was formerly 

>aid 8 and old ward 6 and old Avard 7?—A. Yes. ^ 

^ understand at that time Mr. Lomasney was in ward 8?—A 

No*? aecurateir“Nm“" ""“P®*' you received at that primary?-A. 

attention to the report of the election board, in that contest 
test?-! yL”' “ °PP°"®“‘ 'y®'* ‘"® Priucipal opponent in that con- 

re^t, iadt’it?-!' 'l"pre!!mfu'i!'‘°® ®®''- 

Q. Now, at that time, Mr. Tague, the support of Mr. Lomasney and his or¬ 
ganization was given you voluntarily, wasn’t it?—A. Yes ' 

Q. There was no inducement to get that support, was there?—A. None at all 
Q. And you paid nothing for that support?—A. No. 

Q. And contributed nothing for it?—A. No. • 

Q. And as I understand now, in that primary election and in the election 
following It yo.ii contributed nothing for the support of Mr. Lomasney or the 
Hendricks Club, in either one of these contests?—A. That is so. 
u ’ the following election or primary you were also supported 

by ^Ii. Lomasney and his Hendricks Club?—A. I had no opposition at all 

. ,V' the primary you consulted Mr. Loniasnev, I supposeA T 

talked with him. c. xx. x 

Q. And it was not an uncommon thing for you to go and consult Mr Lomas¬ 
ney about election aftairs in that district, was it?—A. No. 

Q. And up until the primaries of this past year your association with Mr 
ous”to the^^^ ^ perfectly friendly one, wasn’t it?—A. AVell, some time previ- 

Q. Some time prior?—A. Yes; up to the time I voted for war. 

Q. AVhat time do you fix that?—A. That was in April, 1917 

Q. April, 1917 Well, you te.stifled yesterday that you had a talk with Mr 
Lomasney shortly before the primaries?—A. I did. 





52 


TAGUE VS. EITZGEKALD. 


Q. That was a friendly talk?—A. Well, it was in a way and it was not. 

Q. Well, it started in a friendly way?—A. Apparently; yes. 

Q. Yon went to see Mr. Lomasney?—A. Yes. 

Q. Mr. Lomasney did not send for yon?—A. Well, I am not so sure about 

that. , , , 11 

Q. Well, as a matter of fact, yon went down to Mr. Lomasney s clnb or head¬ 
quarters, didn’t yon?—A. Yes. t i li. 

Q. And yon went down for the purpose of asking for lus support, didn t 

yon?—A. Certainly. . 

Q. Well, now, in asking for Mr. Lomasney’s support at that time, did yon 
have in mind these things yon charge at the present time, that theie were 
•floaters, illegal voters and illegal voting?—A. I had no occasion to lind it out 
at that time. 

Q. Yon had no knowledge of it at that time?—A. No. 

Q. Yon know the conditions here, know the conditions of ward 5 have not 
differed in 6, 8, or 10 years?—A. I know what they are now, but I did not know 
then. ‘ 

Q. Yon did not know then?—A. No. 

Q. Didn’t yon know at the election in which yon and Mr. Kelliher were en¬ 
gaged, Mr. Kelliher made charges of illegal voting at that contest?—A. Never 
heard of them at that contest. 

Q. Did yon hear of them after the contest?—A. No. 

Q. Didn’t yon. know Mr. Kelliher and some of his friends went and made a 
protest over illegal registration?—A. No. 

Q. Are yon snre yon don’t remember anything like that?—A. Positive. 

Q. Will yon say now it has been a matter of common knowledge, Mr. Tagne, 
that there has been illegal registration or allegations of illegal- 

Mr. O’Connell. Don’t yon want to admit it and get done with the hearing? 

Mr. Callahan. It is all right. I am not admitting it. 

Q. Was it a matter of common knowledge there were allegations of illegality 
in your first contest?—A. The allegation was made in years gone by, but there 
T.'ii' none made in that contest, so far as I know. 

Q. Yon were perfectly willing and anxious to get the support of Mr. Lomas- 
iiey?—A. Certainly. 

Q. Yon went to him and asked for his support?—A. Y^es. 

Q. And yon were willing to accept his support?—A. I would accept his sup¬ 
port. 

Q. And yon would accept his support now?—A. Absolutely not. I never as¬ 
sociate with a man that double crosses me. 

Mr. Callahan. Now, I move that be stricken ont. It is not responsive. 

Notary Berman. I think that may stand, subject to yonr objection, Mr, Cal¬ 
lahan. 

Q, Now, IMr. Tagne, yon live where?—A. No. 21 Monnment Square, Charles¬ 
town. 

(}. Now, Mr. Tagne, I wonld like to go over the primary vote on yonr primary 
contest, and I suppose I may offer this in evidence if I read this, 

Mr, O’Connell. I beg pardon. 

Mr. Callahan. I nnderstand von will consent to the correctness of that. 

Mr. O’Connell. What is it, Mr. Callahan? 

Mr, Callahan. This is an official report o*f the election. 

Mr. O’Connell. Anything yon read from an official report- 

Q. For this my thanks. In ward 1 IMr. Brennan received 901 and Mr. Tagne 
905 votes. In ward- 

The Witness. How many did Nt'ylon get? Read it all. 

Mr. Callahan. If yon want me to read it all- 

The Witness. Certainly. 

Q. All right; I will read it all. In ward 1 Mr. Brennan received 905, Mr. 
Kelliher 903, Neylon 425, and Mr, Tagne received 905 votes. In ward 2 Mr. 
Brennan received 104, .Tolrn A. Kelliher 821, Thomas A. Neylon 107, and Peter F. 
Tagne 795, In M^ard 3 .Tames H, Brennan received 359, .John A. Kelliher re¬ 
ceived 430, Thomas A. Neylon 407, and Mr. Tagne received 1.168. In ward 4 
I\Ir. Brennan received 407, Mr. Kelliher 418, Mr. Neylon 424, and Mr. Tagne 527. 
In ward 5, Brennan 580, Kelliher 360, Neylon 7, and IMr. Tagne 495. Ward 6, 
Mr. Brennan received 41, Kelliher 739, Neylon 7, and IMr Tamie 343 Ward 7^ 
Mr. Brennan received 39, Mr. Kelliher 427, Mr. Neylon 5, and IMr. Tagne 232! 
In ward 8 Mr. Brennan received 77, IMr. Kelliher received 406, Mr. Neylon re¬ 
ceived 16, and Mr. Tagne received 1,108. In ward 9 Mr. Brennan received 87, 






TAGUE VS. FITZGERALD. 


53 


Mv Neylon 19, Mr. Tague 497. In ward 11, precincts 1 and 2, 

1 * John A. Kelliher received 57, Mr. Neylon received 

A making a total for James H. Brennan 1,851, John 

Af J'lmnias A. Neylon (318, and for Peter F. Tague 6,184. Now, 

leaves your plurality in ward 8, which was Mr. Lomasnev’s 
^^aul, <u- votes, and your plurality in the district was something like (500 
‘ ^ ^len’t quite remember the exact figures, 

g. Ihe exact figures are 510—610 votes. 

Ml. O Connell. Six hundred and ten; is that right? 

Mr. AIancovitz. That is, including ward 8. 

uo?‘ Lomasney’s ward, Mr. Tague, you were a defeated candi¬ 

date. Is that so?—A. According to those figures. 

Q. And without his support you could not have won*^—A 
about that. 

you absolutely positive of that?—A. No. 

these figures correct? A. Sometimes it is according to who puts 


I am not so sure 


Q. Aren’t 
Q. Aren’t 
them down. 
Q. Didn’t 


testify j esterday Mr. Lomasney could deliver his ward to any¬ 
body he chooses?—A. Anybody knows that. 

Q. Isifit it true that he gave it to you and that if you had not had his support 
you could not have won?—A. No; I might have received other votes in other 
distiicts if I had not had it. There were a great many people that voted against 
me because I had Lomasney’s support. 

Q. But notwithstanding that, although that was in your mind, you went and 
asked for his support again?—A. Certainly. 

Q. You live in Charlestown?—A. Yes. 

Q. M here in Charlestown do you live?—A. No. 21 Monument Square. 

Q. Who lives with you?—A. My wife and children. 

Q. Anybody else?—A. Not at present. 

Q. At the time of the last election.—A. Capt. 

Q. Capt. Goggin?—A. He had a room there. 


Goggin. 
though not 


at the time of the 


At the time of the 
Capt. Goggin?—A. 
election. 

Q. At the time of the primary?—A. No. 

Q. He was a registered voter there?—A. l^es; he was a registered voter the 
last five years. 

Q. The last one?—A. But he never voted 
house. 


from there. Never voted from my 


Q. Did he use his right to vote from your house?—A. JVever. 

Q. Are you sure of that?—A. Positive. 

Q. IVill you state, please, what Capt. Goggin’s full name is?—A. Capt. Pat¬ 
rick Goggin. Patrick H., I think. 

Q. Is he a city employee?—A. Captain of the fire department. 

Q- Do you know what engine or ladder company he is attached to?—A. I 
don’t know just now. 

Q. Do you know whether he is married?—A. I think so. 

Q. Do you know whether he lives with his family?—A. I don’t know. 

(). Did he live, actually live, in this room in your'house?—A. He did when he 
was registered, l^es. 

Q. And he was registered four years?—A. Yes. 

Q. Did he live there four years?Av. Off and on, yes. Whenever he wanted to. 

Q. For the purpose of the record, Mr. Tague, will you tell us what four years 
they were?—A, The last four years. 

Q. The last four years?—A. Maybe five years. I won’t say definitely. 

Q. Do you know^—He lived there alone, did he, Mr. Tague?—A. Yes. ' 

Q. Do you know whether he has anv children?—A. Don’t know anythin^ 
about it. 

Q. You know that he has a wife?—A. I presume he has one. I don’t know 
anything about it. 

Q. Did his wife ever live there, Mr. Tague?—A. No. 

Q. Now, at the time of the recount of the primaries in the city hall, Mr. Tague, 
were they conducted any differently than they were after the election? That is 
to say, the manner, not what the personal attitude of anybody was, but the man¬ 
ner of the counting, the regulation of the counting, was it any different at that 
time than it was after the election?—A. You mean, on the- 

Q. I mean on the recount.—A. On the recount of the primaries there was con¬ 
fusion all day long. 



54 


TAGUE VS. EITZGEKALD. 


Q. You say there was confusion, but let us see whether there was or not. Do 
I understand the ballots were brought up into the room of the election commis¬ 
sioners?—A. Yes. 

Q. And they had a table for each precinct?—A. Yes. 

Q. And they had two counters for each table?—A. I don’t know. Not when 
it started. 

Q. Did the election commission?—A. I think so. 

Q. But the election commission had two counters at each table?—A. I think so. 

Q. Are these men sworn before they count the ballots?—A. I don’t know. 

Q. But you do know, at each table there is one Democrat and one Republi¬ 
can?—A. I know there are two men. 

Q. They are regular employees of the department.—A. I don’t know that. 

Q. As a matter of fact, Mr. Tague, you have had some experience in recounts 
and you know, don’t you, that is the method they always pursue in the election 
commissioners’ office?—A. They pursue a good many methods, but some of them 
are changed frequently. 

Q. But when there is a recount of several wards, isn’t that the way they al¬ 
ways conduct their recounts?—A. I don’t know. 

Q. Did you ever attend a recount where it was necessary to examine the votes 
of several wards?—A. Yes. I have never heard the question of Democrat and 
Republican taken up. , 

Q. Don’t yon know the commission itself is composed of two Democrats and 
two Republicans?—A. Supposed to be. 

Q. The statute requires that, doesn't it?—A. Yes. 

Q. And they have got to be qualitiecl Democrats and qualified Republicans?— 
A. That does not mean anything nowadays. 

Q. Doen’t the statute require that?—A. I suppose it does. I will take your 
word for it. 

Q. Don’t you know?—^A. No. 

Q. Don’t you know the members of the commission are equally balanced be¬ 
tween the two dominating parties?—A. No; I don’t. 

Q. You don’t know that?—A. No. 

Q. Well, now, when these ballots are taken from the vault downstairs, they 
are brought into this big room, aren’t they?—A. Yes. 

Q. And these ballot boxes are sealed when they copie there?—A. Yes. 

Q. And these seals are broken only by the commissioners or the employees of 
the election department. Isn’t that so?—A. I think so. 

Q. And no ballots are handled by anybody but employees of that depart¬ 
ment?—A. I understand so. 

Q. Don’t you know that is so?—A. No; I have seen others handle ballots to 
count. In fact, thousands were opened during the recount of the primary that 
were handled by so many- 

Q. As a matter of fact, you handled some of those ballots?—A. Certainly I 
did. That is what I am telling you. 

Q. And your friends handled them?—A. Certainly they did. 

Q. And there was no discrimination on the part of the employees between 
, your friends and the other friends in handling these ballots?—A. I don’t know 
as to that. 

Q. You know perfectly well, Mr. Tague, you had a right to have watchers and 
examiners at each table?—^A. Yes. 

Q. And the election commission provided you with enough tickets of admit¬ 
tance so you could have two watchers?—A. But I had petitioned them to be 
counted at one table. 

Q. They sent you tickets ?—A. Yes ; they sent tickets. 

Q. So you could have two watchers at each table?—A. Yes. 

Q. You don’t want to blame anyone else because you did not?—A. I want to 
blame anybody that prevents me from having the ballots all counted at one 
table. 

Q. The election commission gave you that right. Do you want to blame any¬ 
body but yourself- 

INIr. O’Connell. Now, Mr. Callahan, have you finished? 

Q. For not having watchers at that table? 

Mr. O’Connell. I simply want to object to any misstatement of the law and 
the manner in which Mr. Callahan has quoted the law is not in accordanc-e with 
my understanding of it. 

Notary Mancovitz. You have a right to put the question. 




TAGUE VS. FITZGERALD. 


55 


Mr. Callahan. I suppose you also have a right to produce the statute and 
prove I am wrong? 

Mr. O’Connell. I have. 

Mr. Callahan. I would like to have you do so. 

Suppose you go ahead and I will put it in in the right way. 

^ Q. You don’t want to blame anybody but yourself for not having them in the 
right way? A. I had no intention of bringing watchers. I wanted the ballots 
counted as I requested. 

Q. Did you ever see the ballots in a big contest counted as you requested?— 
A. Yes, sir. 

Q. Mhere?—A. In an aldermanic contest, a few years ago. 

Q. All over the city?—A. Five wards in the contest of John J. Mahoney for 
the board of aldermen. 

Q. When was that?—A. I don’t remember the date. 

Q. How long ago?—A. Twelve years ago, fourteen years ago. 

Tlr. O Connell. For your information, I will say that all recounts outside 
of Boston are counted as we requested this to be. 

]Mr. Callahan. We are talking about Boston and the customs of Boston and 
I would like to confine it to that. 

Mr. O’Connell. That is the trouble. It is a bad custom. 

Mr. Callahan. That can not he changed by us. 

Q. Isn’t it true at the election recount of ballots you received tickets enough 
to have watchers and inspectors there?—A. Yes. 

Q. Didn’t you have two watchers and inspectors at each table?—A. Yes, I 
did. No, not until after" the recount had started. 

^ Q. Isn’t it true that recount was delayed to accommodate you?—A, Posi¬ 
tively no. I entered an objection to the delay. 

Q. I am talking about the election.—A. So was I. 

Q. I was there myself.—A. So was I. 

Q. Wasn’t the election recount delayed on the morning of the 11th of No¬ 
vember because you said there was a delay in. the subway and your men could 
not get there?—A. No, I never made such a statement. That was the morning 
of the signing of the armistice and you asked the matter to be postponed until 
later on. 

Q. But didn’t you or your counsel ask to have the matter postponed and 
it was done for your convenience?—A. Not that I remember. 

Q. The day we finally came to count the ballots, did you have all your 
watchers and inspectors there? 

Mr. O’Connell. You are referring to the recount of the election? 

Mr. Callahan. The recount of the ballots of election day. 

Q. That was the day the question came up about the recount at one table. 

Q. Did you: the day we finally came to count the ballots have all your 
watchers and inspectors there?—A. I think not. 

Q. You know the law gives you a right to have watchers and inspectors 
there?—A. Yes. 

Q. Do you want to blame anybody but yourself? 

Mr. O’Connell. I want to say, Mr. Witness, you want to beware of mis¬ 
statements of the law b.v Mr. Callahan. He may not intend it, but- 

Mr. Callahan. I would like to have you state it correctly. 

Mr. O’Connell. You have it there in front of you and all you have to do is 
to read it. 

Mr. Callahan. I say that is a correct statement of it. We will produce the 
statutes and we will produce persons who can testify to them afterwards. 

Q. An.swer the question.—A. Repeat the question. 

Q. Do you want to blame anybody but yourself for not having watchers 
and inspectors there on the recount of the election?—A. I do. On a count like 
that wdien an extraordinary election had taken place, when they should have 
been recounted so I could see every ballot. 

Q. As a matter of fact, the ballots of each precinct of the ward. That is, 
they counted a ward at a time, didn’t they? 

Mr. O’Connell. No. 

A. No. 

Mr. Callahan. Let us see. I will let the witness testify. 

Mr. O’Connell. You and he are both wrong and you and he were both 
there.—A. They were counting six tables at a time, six different wards. 

Q. Six different wards? Exactly. As I understand it, they took a precinct 
at a time, Mr. Tague?—A. Yes. 



56 


TAGUE VS. riTZGEEALD. 


Q. So there were six tables. Didn’t you have your watchers at all these 
tables?—A. I had after the beginning. 

Q. And didn’t the election commission decide with your consent and the 
consent of your counsel to take all ballots that were disputed by you or your 
counsel or by Mr. Fitzgerald into the office? 

Mr. O’Connell. Just a moment. 

Mr. Callahan. Let him answer. 

Mr. O’Connell. Before he answers, I object to any misstatements of fact by 
Mr. Callahan. I certainly object as to the way he asks whether I consented 
or not because he knows that is what I objected to. 

Notary Mancovitz. The witness may testify. 

Mr. Callahan. I don’t know what your consent amounts to. That is what 
was done. 

Mr. O’Connell. It was done over my protest. Certainly I would not assent. 

Q. As a matter of fact, Mr. Tague, isn’t that what actually happened?— 
A. The ballots were brought into the room. 

Q. Every ballot that was questioned by your watchers and inspectors was 
brought into the room? 

Mr. O’Connell. So far as he can tell. He was in the room. 

A. It would be impossible for me to tell what six tables were doing. 

Q. Isn’t it a fact, your watchers were Instructed that every ballot they 
considered objectionable be brought into the room? Didn’t they receive that 
instruction? 

Mr. O’Connell. How does he know? 

A. Not any information in the matter. In fact, in wards 6 and 8 a recount 
after they were sent out showed they did not. 

Q. As a matter of fact, whether your counsel instructed them or not, it is 
true about 1,300 ballots were brought from the tables where the counters were 
into the room where the election commissioners were and your counsel and 
counsel for Mr. Fitzgerald?—A. Yes. 

(J. And those ballots were considered doubtful ballots?—A. Yes. 

Q. Is it not true, as a matter 6f fact, that most of these ballots were sent in 
by your watchers and inspectors?—A. I could not answer that. 

(iuestion. You don’t know that. Early in the day wasn’t it decided these 
ballots should be gone over singly if there was doubt and counsel could be 
heard on all these ballots?—A. I was not in the room when that was made. 

Q. Weren’t you in the room most of the day?—A. A good deal of the day. 

i}. There was not a time during the day when you were not? 

Mr. O’Connell. In order that the record may be kept clear, what room do 
you mean? The recount went on in the big room and the commissioners sat 
in a smaller room. 

Q. Is there any confusion in your mind, Mr. Witness, as to.what room I 
mean? Is there?—A. No. 

Mr. Callahan. The confusion is in my brother’s mind. ' 

]Mr. O’Connell. What room do you mean, in order that the record may be 
clear? 

INIr. Callahan. I mean the room—and you know perfectly well what room I 
mean; the room oft the big room where the election commissioners are and 
where you were most of the day. 

Mr. O’Connell. Which one of the three rooms? There are four rooms. 
Which one do you mean? 

]\Ir. Callahan. Are you trying to clear up or trying to muddy the record? 

INIr. O’Connell. I am trying to show you how muddy the record may be if 
it is left as you want it. 

Notary Berman. Let me suggest you call one room the commissioners’ room 
and the other the recount room. 

INIr. Callahan. There is no confusion in the witness’s mind. 

Q. Don’t you know that the room where the election commissioners’ desks 
are, their own desks, that was the room where the ballots were taken?—A. I 
know the ballots were taken into the second inside room. 

Q. Where the desks of the election commissioners are?—A. I don’t know 
about their desks. There is an inside room still. 

(}. Don’t you know that is their own private office?—A. No; I don’t. 

Notary Beraian. Let me suggest for the purpose of keeping it clear that you 
call the smaller room the executive room and the big room call the recount 
room. 


TAGUE VS. FITZGEKALD. 


57 


recount room —4 ^if executive room and the big room the 

chamber ineetings,' that is in farther executive, star- 

Q. \ou know the room I 
^Ir. Harrington was there. 


mean. I was there, your counsel was there, and 


Al'r cST.Zf'- n""./"'- lawyers were there. 

^ P'® t >■«« l)‘“gin to confuse lilin. 

I,,: i""" t want to, Mr. Callahan. 


am going to get my 


Q. 

Q. 

Hr 

Hr. 

A. 

Q. 

licity 


-A. You are talking about publicity. That is 


-A. No; I 
Hr. Fiu- 


^^eu are not going to. 

Atr you I have no intention of it. 

Questioim in onrf ’ coiifuse him, because I 

(iUGSiions in nnci niy nnswGrs. 

O confuse him. 

we^e tahen^^t seconS'^rs^^^^^^ 

were ^counted we'^'n P-rppfr vn disputed ballots 

gerald and all tho counsel and counsel for Mr. Fitz- 

A. I was not in tbP rnnnf^^f permitted to examine these ballots there?— 
there. ^ agreement was made but I saw them 

Newspaper men, too?—A. Yes. 

.■ oi',5N™Pt Tn’winu hanoTs? ^ 

Callahan. Your answer is, yes, Mr. Tague? 

Some ef the ballots were taken into the inside room. 

' to then!?—A^ anybody to prevent the widest pub- 

count in wanls 5 and 6. ” “^eeted to us having a re- 

Q. I was not asking about that 
publicity. 

Q. Wliat you refer to was something that occurred at the tables?— 
am talking about .something that happened in the inside room when 
negaii^left the room and refused to take part in the recount. 

Q. These ballots were not in the room?—A. They were brought in. 

question^ time?A4. They were the ballots in 

Q. But isn’t it true that you had three recounts?—A. No. 

Q- "^011 had two? A. I had a recount .after Mr. Finnegan refused to sit with 
the board after the decision was given. 

Q. You had a recount and you protested, or your counsel protested, and there 
was a recount of the recount, wasn’t there?—A. Yes. 

Q. To that counsel for Mr. Fitzgerald did not object ?^—A. I should think they 
did. That was one of the most strenuous objections of the day. That was the 
one objection of the day. 

Mr. Callahan. Now, Mr. Stenographer, before you go, I would like to have 
this in the record, also; That I think it is very unfair for the counsel to make 
observations and make suggestions to the witness before he answers. 

The Witness. Counsel has not done anything of the kind. 

Mr. Callahan. I \vould like to have it in as a matter of record. 

The Witness. I would like to have it go in the record; it is not so. 

Notary Berman. I have not observed counsel make any suggestions. 

Air. O’Connell. I have been watching the good-looking gentleman facing me 
rather than looking at the witness. I don’t know how any such thought could 
have .got into your head. 

Air. Callahan. I want it to stand. 

Air. O’Connell. It is not right. 

Q. Now, Mr. Tague, I think you said the newspaper men were there and they 
sa\v all the ballots that were counted on that day—opportunity to see all the 
ballots that were counted there. That is true, isn’t it?—A. I don’t know as to 
that. 

Q. Now, Air. Tague, you showed that you were familiar with the statutes yes¬ 
terday in answer to your attorney’s questions. Do you know. Air. Tague, that 
your application to be heard by the ballot-law commission was tiled late?—A. 

I don’t know, sir. No. 

Q. Did you ever read the statute about the requirements of filing a petition 
before the ballot-law commission ?—A. No ; I leave that to my attorney. 


58 


TAGUE VS. EITZGEKALD. 


Q. And do yon also leave the kiiowledjje you have of the statutes to your 
attorney? Do you get it from him?—A. Not altogether. 

Q. You testified yesterday you had a very clear knowledge of all the statutes 


on these election cases?—A. Some of them. 

Q. Now it is onlv some of them. 

Mr. O’Connell. I don’t think he said “ all ” yesterday, either. 

Mr. Callahan. If he did not say “ all,” you said “ all.” 

Mr. O’Connell. I beg your pardon. 

Q. I think you allege, Mr. Tague, that the ballot-law commission did not give 


you a very square deal?—A. I still allege that. 

Q. And don’t you know that your petition to be heard on the primaries was 
filed later than the statute requires?—A. No. 

Q. Didn’t anybody ever call that to your attention?—A. Not to my knowl- 

0("|o-0 • jjo. 

Q. Didn’t anybody in the secretary of state’s office call it to your attention? 

A. I don’t remember that they did. 

Q. As a matter of fact—will you tell me who filed your petition at the secre¬ 
tary of state’s office?—A. I think it was Mr. O’Connell and myself. 

Q. Do you know, Mr. Tague, what time you filed your objections to the nomi¬ 
nation of .Tohn F. Fitzgerald at the secretary of state’s office?—A. I have not 


the exact date. , ^ 

Q. Don’t you know it was about the 3d of October?—A. No ; I don’t know that. 

Q. Did vou ever see a card like that?—A. Yes. 

Q. And vou saw one of these this year, didn’t you?—A. I presume I have. 

Q. And did you ever read that item which calls attention to the fact that on 
September 30,*at 5 p. m., would be the last day and hour for filing withdrawals 
or objections to the nominations of candidates?—A. I don’t remember that I 
have. 

Q. When you filed your objection to the nomination, were you informed by 
anybody that the time had expired?—A. I don’t remember that. 

Q. Don’t you know that at the hearing before the ballot law commission 
question was raised by counsel?—A. I think Mr. Albers raised the question. 
I remember, relating to withdrawals. 

Mr. O’Connell. In order that we may understand what is going on, here 
now, did I gather from you that you are maintaining that the ballot law 
commission acted illegally in entertaining our complaint? 

Mr. Callahan. If you want this clear, I will state to the record what we 
are trying to prove. 

V Mr. O’Connell. Go ahead. 

Mr. Callahan. I am going to get it into the record myself. I am going to 
say that the ballot law commission permitted the hearing after the rights of 
the applicant had expired, with the consent of Mr. Fitzgerald; that the Con¬ 
gressman was treated very fairly and very 'decently by the ballot law commis¬ 
sion and by Mr. Fitzgerald. 

Mr. O’Connell. Of course, there is nothing in your answer- 

Mr. Callahan. Oh, yes, there is. 

Mr. O’Connell. That sets that up, and if it does set such a proposition up, 
it simply sets up this fact, that there must have been collusion between the bal¬ 
lot law "commission and Mr. Fitzgerald to conduct a hearing which would con¬ 
sume all the time between that time and the day they sent down their opinion. 

Mr. Callahan. If you are going to confine us to our answer, which we hope 
you will, because it will confine you to your allegation and contention, I want 
to call your attention to the fact that on page 4, section 3, we call attention 
to the fact that—will you cross that out, please? In section 3 of the speci¬ 
fications of the contestant in this case he alleges, because the hearing before 
the ballot law commission of the Commonwealth of Massachusetts was con¬ 
ducted in an illegal, fraudulent, prejudiced manner by said ballot law com¬ 
mission, and then goes on more specifically, and in answer to that we say, 
“ The contestee denies there was any delay on the part of the ballot law com¬ 
mission as set forth in that allegation,” and, further, the contestee says that the 
time taken up by the commission in no way prevented his name from being 
printed on the ballot. Will you cross that latter part out, please? Or, rather, 
the contestee says that the contestant filed his objections to the nomination of 
said contestee on October 7, whereas in accordance with the statutory require¬ 
ments it was necessary to file them not later than September 30, 1918. Now, 
if you want our answer, notwithstanding contestant’s failure to comply with 
the law, the ballot law commission did decide to hear the objections and gave 


TAGUE VS. FITZGERALD. 


59 


the contestant every fair and reasonable opportunity to prove his case, the con- 
testee heartily acquiescing to have the fullest inquiry. 

I would like to otfer this political calendar in evidence. 

Mr. O’Connell. All right. Go ahead and mark it. 

(Exhibit 11, political calendar issued by the secretary of the Common¬ 
wealth. ) 

Mr. O’Connell. You are certainly wishing something on the Commonwealth of 
Massachusetts here. 

Mr. Callahan. It is evident you don’t understand it. 

Mr. O’Connell. I do, but I want to tell you, it took me a long time, and that 
is why I have sympathy for them. 

Q. Mv. Tague, did you ever remember a hearing that was ever conducted by 
the ballot law commission that consumed so much time as your own hearing?— 
A. I never took part in a Jiearing. 

Q. You are familiar with hearings before the ballot law commission?—A. I 
never attended one. 

Q. Did you ever hear of a case taking as much time before the ballot law 
commission?—A. I have no case in mind at the present time. 

Q. When you described the conduct of some of the persons present at the bal¬ 
lot—the hearing before the ballot law commission—Mr. Tague, you did not 
• want to have it understood there were any assaults in the room or any dis¬ 
order?—A. In the ballot law room? 

Q. In the room where the ballot law commission was.—A. Plenty of disorder. 

Q. That disorder was contributed to by both sides, wasn’t it?—A. It was dis¬ 
order just the same. 

Q. But you don’t say anything in the disorder or anything that happened in 
that room itself was responsible for the commission in making their decision, 
do you?—A. I certainly do. 

Q. Do you mean to say now that the presence of any particular person in 
that room was responsible for the final attitude of that commission on this elec¬ 
tion contest?—A. Certainly I do. 

Q. How is this commission composed? How is it made up?—A. I don’t 
know. There are three members. 

Q. And you know that is a bipartisan board, don’t you?—A. Well, I don’t 
know about the political- 

Q. And it is appointed by the governor?—A. Yes. 

Q. Well, now, as a matter of fact, don’t you recall you made some objection, 
or you stated some about having Mr. Lomasney so near the members of that 
board, didn’t you?—A. Y"es. 

Q. Well, now, as a matter of fact, was Mr. Lomasney any nearer, personally 
nearer, to that commission in that committee room than you?—A. Decidedly so. 

Q. Isn’t it true, Mr. Tague, on the day of the hearing when a great many wit¬ 
nesses were examined there that—and when they were being asked where they 
lived, and if they resided at a certain place on the 1st of April, and the com¬ 
mission, after asking questions, would look at the police list—isn’t it true you- 
were looking over the shoulders of these commissioners?—A. Never. I never 
was permitted to do it at any stage of the hearing. 

Q. Do you mean to say at the time these men were being examined you were 
not looking over the shoulders of the commissioners?—A. I do say so. 

Q. Where were you then ?—A. I was standing beside Mr. O’Connell, at the end 
of the table, at the further end of the table, away from the commissioners. 

FIVE-MINUTE RECESS. 

Q. Now, Mr. Tague, I think you told yesterday of somebody that was assaulted 
at the hearing before the ballot law commission?—A. Yes. 

Q. And that was outside, in the corridor?—A. Yes. 

Q. Y^ou did not see it?—A. No. I saw the witness when he came back. 

Q. Y^ou saw" the w"itness when he came back and w"hat you know of that is what 
he told you?—A. What he testified before the board. 

Q. Before the ballot law commission?—A. Yes, 

Q. You don’t know of any other alleged assault at that time, or during any 
other hearing, do you?—A. There w^as one threatened. Another witness testi¬ 
fied who had been threatened. 

Q. Were you there when the threat w"as made?—A. No; he testified before 
the board to that effect. 



60 


TAGUE VS. FITZGERALD. 


Q. Now, it is also true that the men who were in the corridor of the election 
commission during the recounts are men that would he there at any oidina y 

^^a^^You^namLl smiKTIi tiiem. You named a number of them yesterday, and 
you named John I. Fitzgerald, State senator? A. Yes, 

Q. And you name<l Mr. Field, who at one time was secretary to Mi. IMtz- 

gerald?—A. Y'es. . xr 

Q. And you named Mr. Fitzgerald’s brother, Henry. A. Yes. 

Q. And one or two other friends of Mr. Fitzgerald?—A. Yes 
Q. You don’t consider it an unusual thing that they should be there. A. No, 
not unusual that they should be there, hut unusual to see a commissioner leaving 
the room and talking with them and then coming back and giving his decision 
against me. 

Q. Did you see him do that?—A. Yes; I followed him. 

Q. How many times?—A. Three or four. « 4 .- o 

Q. And he consulted this man during each one of these three or four times. 

A. No; not every time. ^ a 

Q. Mr. Lomasney was not at the recount of the primaries, was he? A. No. 

Q. Nor was he at the recount of the election?—A. No, ' 

Q. The only place Mr. Lomasney appeared was at the ballot law commis¬ 
sion?—A. That is all, 

Q. You allege, Mr. Tague, that because of the length of the hearing held be¬ 
fore the ballot law commission that you were unable to get your name on the 
ballot for election day?—A. Yes. 

Q. If the commission decided, as it did, in favor of Mr. Fitzgerald, you know, 
don’t you, that it would be impossible to have your name printed upon the bal¬ 
lot?—A. It would not be impossible if the court decided they were wrong nor 
if the court decided to have his name taken off the ballot. That is what I in¬ 


tended to do. 

Q. Won’t you please answer my question. Don’t you know if the ballot law 
commission decided in favor of Mr. Fitzgerald there would be no way in which 
you could get your name printed on the ballot?—A. No; I don’t think that is so. 

Q. Don’t you know, in order to have your name printed on the ballot as an 
independent candidate, you would have to fulfill certain statutory requirements 
and that you must make your application and file your nomination some time 
before the primaries?—A. That v^as a question that everybody was discussing 
at the time. It was a question whether or not that law would stand. 

Q. Don’t you know, as a matter of fact, that is a statue now?—A. Yes. 

Q. So that the action of the commission—that is, the delay- 

Mr. O’Connell. In these discussions of the law we can probably agree. 

Mr. Callahan. We have agreed. He said yes. 

Mr. O’Connell, In order that there may be no question of law- 

Mr. Callahan, It is not. 

Mr. O’Connell. Won’t you let me finish what I am saying? Y^ou and I can 
agree here for purposes of record; it was impossible for any niian to go on the 
ballot on election day as an independent candidate unless his papers had been 
filed on or before September 20, which was before the primaries. 

INIr. Callahan, I think you are correct in everything but the date. 

^Ir. O’Connell. It was before the primaries. The names would have to be 
certified on or before the 20tlL 

IMr, Callahan. Now, the Congressman states that he knows that. I want 
this from the witness on the stand. 

INIr. O’Connell. So it was impossible for anybody to be an independent can¬ 
didate after the date of the primaries, 

INIr. Callahan. We don’t say that is true. The substance of it is true, but I 
think you are wrong about the date. 

Q. Now, then, it is true, so far as your name being on the ballot except as the 
regularly nominated candidate; the delay of the ballot commission had nothing 
to do with preventing that?—A, I think it had. 

Q. How, and in what way?—A. I think the courts have a right to overrule 
the ballot law commission. 

Q. Well, if the courts overruled the ballot law commission they could only 
overrule them and declare you are the only regularly elected candidate—A. Yes. 

Q. And what is true now, except your name should go on as the regularly 
elected candidate, there would he no other way in which your name could be 
printed unless you made this application before the primaries?—A. I think so 




TAGUE VS. FITZGEKALD. 


61 


Q. You were familiar with that law, \yere you not, Mr. Congressman?—A, 
Somewhat. 

Q. And you decided not to submit your nara-e as an independent candidate?— 
A. I had no reason to submit it. Never gave it a thought. 

Q. You were going to abide by the decision at the primaries?—A. I never 
gave independent cadidacy a thought. I khew I could defeat Fitzgerald at the 
polls in a fair show at the primaries. 

Q. In applying to the ballot law commission you felt you were applying to a 
regularly constituted board and that you were going to abide by their decision, 
didn’t you?—A. No ; I made to reference to abiding by any decision. 

Q. Then, do I understand by that that you pursued this thing always with 
the thought that you would not abide by the decision of this board?—A. The 
thought never entered my mind. 

Q. The thought never entered your mind?—A. No. 

Q. But it is true that you were going to abide by their decision?—A. No; it 
is not true. I have not said so, either. 

Q. Are you familiar with this statute, Mr. Tague, that says that the decision 
of the ballot law commission is final in all matters relating to the primaries?— 
A. No; I am not familiar with it. 

Q. Well, we will offer that when the right time comes. Well, now, you took 
some steps, Mr. Teague, on the question of illegal or incorrect registration be¬ 
fore the election commission, didn’t you?—A. Yes. 

Q. And what did you do?—A. Filed two hundred and some odd names with 
the election commission. 

Q. And what did you do after filing the names?—A. Nothing. We were 
notified by fhe elecfion coimnissioners they were going to call a hearing on the 
very day of the hearing before the ballot law commission. I asked to have it 
postponed, and they postponed it for a while and then dropped it. It was im¬ 
possible for me to Iw there and at the ballot law commission at the same time. 

Q. After the filing of these names were you ready at any time to go forward 
with the hearing on illegal registration?—A. Ready then and ready now. 

Q. Didn’t they notify you hearings were to be held at a certain time?—A. 
Yes, on the day of the hearing before the ballot law commission. 

Q. Did they postpone the hearing?-—A. For a w('ek. 

Q. At any tinip after that did you ask theiq' to go into this question of illegal 
or incori*ect registration?—A. No. 

Q. Did your counsel at any time ask them to go into this question of illegal 
registration? 

]\Ir. O’Connell. It was their duty. 

Q. Did you ever receive more than one notice, Mr. Tague, about a hearing on 
this question?—A. From whom? 

Q. From the election commission.—A. I don’t think so. 

Q. Did you make more than one application to them to go into it?—A. No. 

Q. Did you make any such application before the primaries?—A. No. 

(}. This application that you made directly before the election was the first 
and only request to luive the election coimnissioners go into the question of 
registration?—A. That is all. 

Q. Now, at any time, Mr. Tague, did you apply to the courts to go into the 
question of illegal registration?—A. Yes; I petitioned Chief Justice Bolster, of 
the Municipal Court, for an inquest on the illegal voting in ward 5. 

Q. When did you do that, IVIr. Tague?—A. I don’t know the date, but the 
Thursday following the recount. 

Q. Did you ever make any protest to any judicial body or any judge of a 
court about the conduct of the election commission in not going into this question 
of registration?—A. Yes; Chief Justice Bolster. 

Q. After that, I say.—A. No. 

Q. Chief Justice Bolster. Do you recall at what time you appealed to Chief 
Justice Bolster?—A. Filed the petition Thursday afternoon and had the hear¬ 
ing Friday morning. 

Q. What did the hearing consist of?—A. Consisted of the Chief Justice hear¬ 
ing my counsel, Mr. O’Connell, and also Mr. Albers, who appeared with William 
J. Miller, representing Mr. Fitzgerald. 

Q. And isn’t it true at that time the court said if you would come forward 
with witnesses to testify he would be glad to hear you at any time?—A. No; 
the Chief Jusice told us that he would set a date for the hearing and that he 
would conduct the hearing i>ersonally. 

Q. Was there any date set?—A. No; he was to supply that himself. 


62 


TAGUE VS. FITZGERALD. 


Q. When yon found that a date was not set, did you make any further appli¬ 
cation for a hearing on this question?—A. No; not yet. ^ 

Q. Well, now, I think you showed us yesterday a sticker that was put in eM- 
dence that you said was not gummed and was not issued by you or anybody 
authorized by you. Wdll you tell us now where you got that sticker?—A. i 
picked that sticker up in precinct 4, ward 1, during the day. 

Q. That was on election day?—A. Yes. 

Q. You say you picked it up. Picked it up off the floor?—A. No; some one 
handed it to nie and said, “ Here is a sticker they are passing out/’ 

Q. Did you see any other stickers there besides that one? A. The ones my 

men were passing out. . ^ n.. 

Q. That is true, hut besides those your friends were passing out did you see 

any what we might call illegal stickers? 

Mr. O’Connell, “ Counterfeit stickers ” we call them. 

Q. Counterfeit .stickers.—A. Not that day. _ 

Q You didn’t see anybody who you thought was friendly with Mr. Fitz¬ 
gerald giving out these stickers?—A. No; but I will present witnesses who did. 

Q. Have you been able to get any more of these stickers?—A. Yes; we got 

quite a few of them. u • *» 

Q. You conducted a pretty extensive campaign? I will not say extensive. 

I will say “intensive” campaign during the last week or so; didn’t you? A. 
You ought to know. You were there. 

IMr. O’Connell. It was only five days, so it had to be intensive. 

Q. And during that time you sent out, I think you testified yesterday, two oi* 
three letters to all the district?—A. I did. 

Q. And which was it; two, or three?—A. Three. 

Q. And these letters were sent to every registered voter, weren’t they?— 
A. Yes. 

Q. And these three letters were intended to instruct the people on the use of 
the stickers, weren’t they?—A. Yes. 

Q. And you also sent out a sample ballot showing where to vote and how to 
vote, didn’t you?—A. Y^es. 

Q. Will you tell us how many of these sample ballots were sent?—A. I sent 
one to each voter, and I think I had a hundred thousand printed and distributed 
all through the district. 

Q. Was that one of the ballots?—A. It looks like one. 

Q. Wouldn’t you say that is one of them?—A. Well, it looks like it. 

Q. Well,—A. I have seen circulars duplicated before. 

Q. Look at it carefully. This is no joke. This is serious. Who signed your 
ballots or stickers which were sent out?—A. Wiliam Murray. 

Q. IMurray; and this is signed William Murray, 340 Saratoga Street, Bos¬ 
ton?—A. Yes. 

Q. Can you find any difference between that and the ballots you sent out?—A. 
No; I don’t see any difference. 

Q. As a matter of fact, wouldn’t you say that was one of the ballots you 
sent out?—A. I would not want to say. 

Q. Is that the kind of a ballot?—A. That is the kind of a ballot I sent out. 

Q. And on the ballot you sent out, were these words printed, “ Be sure and 
mark a cross where this hand points after you put the sticker on”?—A. Yes. 

Q. And opposite the words “ Paste sticker here ” was a cross printed in the 
blank space?—A. Yes. 

Q. And underneath this hand pointing to the place where your name—where 
the sticker was to be placed—was this sentence, “ Be sure and stick the sticker 
where this hand points, then mark a cross at the right with your i)encil”?— 
A. Yes. 

Q. So that in everything that relates in any way to your conduct of your cam¬ 
paign—that is an identical specimen ballot—sample ballot, with the one you sent 
out?—A. Y’'es ; I should say so. 

Q. You can not find one bit of difference, can you?—A. No. 

Mr. Callahan. I offer this in evidence. 

IMr. O’Connell. I would say this: We are going to offer ballots we bad, and 
if that is one you secured from, us or one that went through the mail that can 
go in, and there is no need of putting in two. 

Mr. Callahan. I will put this in. You need not put yours in. Nobody dis¬ 
putes that ballot? 

Mr. O’Connell. It looks all right to me. 

Mr. Callahan. You had better get a microscope. 

Mr. O'CoNNETx. No; you give me your word it is on the level and I will take it. 


TAGUE VS. FITZGERALD. 


63 


Mr. Callahan. You have the witness’s word. 

Mr. O’Connell. I will take your word. 

Mr. Callahan. I offer this in evidence. 

(Exhibit 12, sample ballot sent out by Mr. Tague.) 

(>. Now, you saitl you printed 100,000 of these and distributed them through 
the district. Was that 100,000 for the purpose of distribution at the rallies and 
meetings and on the streets?—A. Yes. 

Ci. And beside that 100,000, did you send some others through the mail?—A 
No. I said I had 100,000 printed. 

Q. It as 100,000 inclusive. Aside from these ballots and the letters you wrote, 
aid you iiave big placards printed containing specimen ballots?—A. Yes. 

Q. And did you have big posters containing specimen ballots?—A. Yes. 

I not these posters and these placards identical with that specimen 

ballot!*—A. I suppose they were. 

., attention to the fact that a cross v^as necessary to be put against 

the sticker?—A. Yes. 

Q. Now did you also have, Mr. Tague, going throughout the district, wagons 
and automobiles with banners containing specimen ballots or posters containing 
specimen ballots? ^ 

Ml. O Connell. One moment. I don’t think you intended to misstate. I think 
you said it was absolutely necessary. There was not anything about absolutely 
necessary, and I don’t think you intended to misstate it. I think if you will 
amend your question it will be all right. 

Mr. Callahan. I don’t think I ^^'ill amend it. It says, “ Be sure and stick the 
sticker where the hand points, then mark a cross at the right with your pencil.” 

Mr. (I’CoNNELL. That is your interpretation. 

Mr. Callahan. I would like to have my interpretation. We will call attention 
to something later that will clear it up, possibly. Will you tell me how many of 
these wagons you had with posters or banners containing this sample ballot?" 

A. I did not have any, but a friend of mine had one printed. 

Q. Was that on a wagon or automobile?—A. Small automobile. 

Q. E\ eiy day, during the last week, did that go about your congressional dis¬ 
trict?—^A. The last four days. 

Q. The last four days. And nights also?—A. Not days—nights. 

Q. Did you have control of all this advertising yourself, Mr. Tague —A I did 
not. No. 

Q. Did you have a campaign manager?—A. Yes. 

Q. Give us his name, please.—A. Joseph L. Kane. 

Q. Did you have a campaign committee?—A. No. 

Q. Did you have a tinance committee, Mr. Tague?—A. No; did not have any 
linances. 

Mr. Callahan. I have some doubts aliout that. 

Mr. O’CoNNELT.. You don’t need to have any. 

Q. Was this one of the letters that you sent out, Mr. Congressman “i*—A I don’t 
know whether that is one or not. It looks like it. 

Q. We will have to waste more time, then.—A. Go ahead. Waste it. 

Q. This is headed “ House of Representatives, Washington, D. C.,”'and in the 
left hand corner, “ Peter P. Tague, tenth district of Massachusetts,” and in the 
right hand corner, “ Joseph L. Kane, secretary.” This is signed by a stamp 

Petei P. Tague. W ill you read that, and please tell us if that is a letter you 
sent out?—A. I can not tell whether that is the letter I sent out. One similar to 
that. 

Mr. Callahan. I will have to read the letter. 

The Witness. You are a better reader than I am. 

Mr. O’Connell. You don’t need to take time to read it. You can put it in and 
have it marked. 

Mr. Callahan. I would like to have it marked. This will be Exhibit 13. 

(Exhibit 13, letter sent out by Mr. Tague from House of Representatives.) 

(b AVill you say. Congressman, that is any different, or is there any material 
diffeience in that letter with tne one that you sent out do the people of vour dis¬ 
trict ? 

IMr. O Connell. Just please read it over, Mr, Tague, before you answer the 
question. 

Q. Is that?—A. It looks like it. 

Q. You can’t find any difference in that circular between that circular and 
the one you sent out or authorized sent out?—A. Except it is stuck on paste¬ 
board. 


64 


TAGUE VS. FITZGERALD. 


Q. Just to preserve it. Yon are familiar with that oaek, are yon?—A. Very. 

Q. I simply, in this exhibit, want to call attention to this one sentence that I 
want to be read into the record. “ Remember, if yon don’t want to nse a sticker 
yon can write the words ‘ Peter F. Ta^ne, of Boston,’ in the space left foi‘ the 
sticker in the congressional column, but be sure and mark a cross with yonr 
pencil at the ri^?ht of the sticker or name. In the najne of honest elections I ask 
yon to help me by explaining to yonr friends how to nse the sticker or write 
the name and mark a cross on the right.” Well, now, Mr. Tagne, is this a letter 
that yon sent ont to the voters of the district?—A. It looks like it. 


Q. Isn’t it an actual letter yon .sent ont?—A. I will not say that. 

(}. AVe will have to describe yonrs.—A. Don’t need to describe it. 

Mr. O’Connell. Did yon read it? 

The AVitness. I have seen others printed. 

Q. This is headed, “ Congressional Headquarters, Congressman Peter F. Tagne, 
43 Tremont Street, Boston, IMa.ss.” It has the union label on it.—A. All my stuff 
has the union label. 

Q. And it is signed, “ Peter F. Tagne.” Is that yonr signature or a stamp?—- 
A. A stamp of my signature. 

Q. Is there anything different from this letter and the letter yon know yon 
sent ont?—A. Except this familiar paper on the back. 

Q. Bnt the letter is identical?—A. So far as I can see now. 


Mr. Callahan. I wonld like to read this part of this. 

Mr. O’Connell. Do yon want that identified as an exhibit? Put it in. 

Mr. Callahan. Yes ; I want this as an exhibit. 

(Exhibit 14, letter of Mr. Tagne from 43 Tremont Street.) 

Mr. Callahan. As time goes on these get scarce, yon know. 

The AATtness. Not down there. 

Q. Beginning here, it says “It can only be done by the nse of stickers or bv 
writing the name ’ Peter F. Tagne, of Boston,’ in the space left in the ballot for 
jnst such an occasion and marking a cross X at the right of the name. I am 
sending yon inclosed a sample ballot and stickers with complete instructions 
where and how to place the stickers and write the name and mark the cross X. 
Above all things remember that after the sticker is pasted on or the name 
written in it is necessary to mark a cross X at the right with yonr pencil.” 

Now, were these letters or were the sample ballot, Mr. Tagne, with stickers, 
sent to the voters of the district?—A. Yes. 

Q. And were stickers sent with each letter?—A. No; I don’t think so. 

Q. Stickers were sent with one letter?—A. AVith the ballot. 

Q. AVith the ballot. Now, I suppose, M. Tagne, that yon are fami’iar with the 
newspaper advertising in yonr campaign?—A. Fairly. 

Q. And there was no advertisement in any one of the newspapers during that 
campaign that was not authorized l)y yon, was there?—A. I don’t think so. 

Q. And this advertisement in the Boston Post of Monday, November 4, over 
yonr signature, was authorized by yon?—A. Y'es. 

Q. And was it written by yon?— a'. I won’t say as to that. 

Q. Yon saw it before it was sent to the paper?—A. Yes. 

IMr. Callahan. I wonld like to offer this as an exhibit. 


(Exhibit 15. advertisement clipped from Boston Post, Nov. 4, 1918.) 

Mr. O’Connell. That is agreeable to ns. 

Mr. Callahan. It is an advertisement on page 10 and reads as follows: “ How 
to nse stickers and vote for Peter F. Tagne. To vote for Tagne in Congress yon 
may either write his name, ‘ Peter F. Tagne, Boston, Mass.,’ on the ballot and 
mark a cross alongside, or yon can nse a sticker. In using the sticker simplv 
moisten the gnmmed side and stick it on the ballot, then mark a cross X along¬ 
side.” Then, in large letters, “ Don’t forget to place the X alongside. Otherwise 
yonr vote will be wasted.” And then, in smaller letters, “A Tagne representa¬ 
tive will be in.side the polling booth at the ward and will pass yon a sticker. I 
ask all men who believe in fair play, justice, and honestv to be'volunteer work¬ 
ers and loan antomolhles.' Phone 3038.” And that is vonr ’phone‘s—A It was 

Q. Signed, “Peter F. Tagne.” This placard, Mr. 'Tagne, signed AVilliani F. 
Murray, 340 Saratoga Street, Boston, is that one of the placards that von sent 
throngh the district?—A. It looks like it. 


Q. AVell, isn’t it actually one of the placards? Only for the purpose of saving 
time.—A. I don’t know. 

Mr. O Connell. If you will say, Mr. Callahan, that is a genuine one so- 
far as you know, I will admit it is. ’ 


TAGUE VS. FITZGERALD. 


65 


Ai!/ I would like to have the witness say it was a genuine one. 

Mr. O Connell. How can he tell? 

difference between that placard and the placard vou sent 
out t —A. I don’t see any. 

Q. Were these three sentences the same as I read on the ballot the same as 
the one you sent out?—A. Yes. 

Q. And with the hand?—A. Yes. 

Q. And it wj^s headed in that way, repeated about the nomination?—A. Yes, 
repeated in red. 


is the same as the placard you sent out?—A. Yes. 
C. ihat IS signed by William Murray and he is authorized to sign that by 
you i —A. 1 es. o .7 


SaratoSi^ SHeef?— a'^Yos signed by William Murray, 340 

Mr. Callahan. I would like to offer this as an exhibit. 

Mr. CyCoNNELL. That is agreeable to us. 

(Exhibit 16, placard showing ballot.) 

Q. Now, Mr. Tague, will you tell us how many of these placards you had 
printed and sent out?—A. I don’t know. 

Q. Can you tell us approximately?—A. No; I don’t know. 

Q. Can you tell us who the printer was?—A. Yes; Buck Printing Co. 

Q. 'What?—A. Buck Printing Co. 

Q. Buck Printing Co. Will you tell us how many posters you had printed 
and distributed over the district containing sample ballots?—A.* I can’t tell you. 

Q. Was it the same printing company printed them?—A. The same printing 
company. 

Q. Well, now, in your speeches, Mr. Tague, you devoted some time in telling 
people about the use of stickers?—A. Yes. 

Q. And in those speeches you told them it was necessary to place a cross 
against your name.—A. Some of them I did. 

Q. Don’t you know you did?—A. In some I may not but most of them I did. 

Q. So far as the speeches went, your instructions about voting were no 
different from your letters, placards, and advertising?—A. No different. About 
the same. 

Q. And in general you told them they had to place a sticker on or write 
your name in and mark a cross?—A. Yes. 

Q. Just one more question, Mr. Tague; in the talks that you had with Mr. 
Lomasney relating to your withdrawal from the contest, was there anybody 
present besides you and Mr. Lomasney?—A. No. 

Q. And in your talk with Mr. Fitzgerald relative to your candidacy or his 
candidacy or your withdrawal, was anyone present only you and Mr. Fitz¬ 
gerald?-—A. When we entered in the room Judge Sullivan was there, but he 
went out. 

O. I mean, at the time of the conversation, was there anybody present but 
you and Mr. Fitzgerald?—A. No. 

Q. Where was the conversation with Mr. Fitzgerald held?—A. In a room 
in the Quincy House. 

Q. Can you tell us about what time?—A. I should think about noon, 

Q, I mean the time of day.—A. At noon; daytime. I don’t know the date. 

Q. You don’t?—A. Previous to my entering the primaries. 

Q. Previous to your talk with Lomasney?—A. Previous; my talks with 
Fitzgerald. 

Q. Where were these talks with Lomasney?—A. Down to his room. 

Q. By down to his room, what do you mean?—A. Down to the Hendricks 
Club. 

Q. When you described the Hendricks Club yesterday, you described it as 
ii political organization-—that is, not any different from other clubs in the city 
organized for politics?—A. It is a great deal different from any organization 
I know of. 

Q. It is organized for political reasons?—^A. I don’t know what the charter 
calls it but it is recognized as that. 

Q. And you also have a club in your district?—A. Yes. 

Q. And the name of that is the Northern Club?—A. Yes, 

Q. How many members have you of that?—A. About 150. 

Q. About 150, and you are the recognized leader of that club?—A. No. 

Q. You are its organizer?—^A. No. 


5 


122575—19 



66 


TAGUE VS. FITZGERALD. 


Q. Organized by your political adherents?—A. No; it was organized before 
I ever belonged to it. 

Q. When was it organized?—A. Four or five years ago. 

Q. That organization has been used by you for political purposes?—A. No; 
that organization attends to charity in that district, more than any organiza¬ 
tion in Boston. 

Q. You don’t consider it unusual to have clubs in Boston?—A. No. You 
have one. 

Q. You don’t think it is unusual?—A. No. 

Q. And you had no objectioji to the political club of Mr. Lomasney?—A. I 
have no objection to his political club. 

Q. A.nd you were glad to have it with you four years ago?—-A. Yes. 

Q. There is one other question. At these hearings before this ballot law com¬ 
mission and the recount commission were vou represented by counsel’—A. I 
think so. 

Q. AVho was your counsel?—A. Mr. O’Connell, Mr. Goodwin, and Mr. Har¬ 
rington. 

Q. Anybody else?—A. No. 

Q. And they attended all these hearings?—A. Some of them were there, 
Redirect examination by Mr. O’Connell: 


Q. Can you tell us how many lawyers Mr. Fitzgerald had?—A. .John I. Fitz¬ 
gerald, Duffey, Miller, Dave Mancovitz, Mr. Feldman, Vincent Brogna, and 
Homer Albers, John Feeney, Timothy Callahan, Robert Robinson, and Scigli- 
ano. I can’t get in all of them. 

Q. I suppose you want to confine yourself to attorneys?—A. If vou want to 
confine me to real lawyers. 

Mr. O’Connell. I ask that be stricken out. 

Mr. Callahan. I think it should be put In. 

O Connell. Strike out the last, about real lawyers. 

Q. You were asked if the Hendricks Club is different from others. Isn’t it a 
fact the Hendricks Club—that it is a democratic organization that has absolute 
control of the Republican votes as well as the Democrats?—A. Positively. 

Q. And no other club is such a factor?—A. I don’t think there is one in the 
country. 

Q. ^^Tlen ]\Ir. Callahan asked you when Mr. Lomasney decided to support 
you in your first fight and read to you from that record" of the election com- 
missioners, you stated that he decided to support you the Sundav before the 
primary?—A. Yes. 

words, that you \vere the man who would win, a picked winner?__ 

A. Mr. Lomasney told me I had to show him before he would support me 

Q. And you did show him that you could win?—A. I did. 

Q. And Mr. Lomasney’s object in that time was to defeat Kelliher’_A Yes 

Q. He was seeking at that time for reelection? 

Mr. Callahan. I don’t like to interrupt, but it seems to me the witness 
should be permitted to testify. NMuie^s 

Mr. O’Connell. I was just trying to save time. 

_Q. Whether or not it is the custom of Mr. Lomasnev to find out who thp 
winner is and then jump on the band wagon and by having his ward go with 
the winnei get the credit of being a man whose political assistance is siich that 
he can put across his man? 

Mr. Callahan. Wait. I desire to make my objection for several reasons 
First of all the question is leading; secondly, I don’t think this witness has a 
right to testify to custom. The question is- 

Mr. O Connell. Would you like to have me withdraw the question’ 

IN.r. Callahan. I don’t care whether you do or not. 

Mr. O’Connell. I mil withdraw it and have it stricken from the record 

IVIr. Callahan. I like testimony. i'^'coiu. 

Q. I want you to clear up your statement about, having Lomasnev vou lost 
votes What do you mean by that?-A. A great many in mV d^trict 

would not vote for me, having Lomasney with me ^ ^ distiict 

yo2?-A. Yes,’“"‘ have been with 

Q. In what part of the district?—A. In Charlestown where there are so vptv 
many residents; the West End. wueie ineie aie so \eiy 

Q. Anywhere else?—A. East Boston. 

g-rSs’—\ 'no "" reelectloii the second time to Con- 



TAGUE VS. FITZGERALD. 


67 



asked me not to vote for it Ivh^ Mr. Lomasney 

“ You have done it.” And I said ^ yfs r lli He said to me, 

me—he told me that the mothers of the ’snn« f ^ 

would never forgive me and the meifof h n ? the war 

again for putting the country into ™. for me 

S?"''™"'"'4"'votV'S. r z:t%z^ 

Q. Aow, Mr. Callahan asked you in reo-ard to fu^ i .e 

going on at the election commissionek’ Sffice AV 

oGier recounts going on at the same tiniP n« r-there were 
office outside? —A. There were. ^ recount in the same general 

alloked^in fok^e?— a’. Tfoere^wek!'''^’ "" number of people who were 

them in order?—A!!%haMslo.^^^ several policemen to restrain them and keep 

saine tinik keitlik-ykl^kklmr^ ?' tables at one and the 

cast in that district?-A Nekr the ballots that were 

^^Tlna^lhf ^ ?k”vk‘^-T\fo ^ 

Q. Nok,'"k\rvkre 

recount, and what was the result of if \vii!f ^ ^ recount of a 

Mr. Callahan. Of course that is all 

ni.?e votS‘ "■"' T''« was a recount was l.a.l a.u, we gained 

Q. That was the recount of the recount?—A Yes 

vaiL.%u wS ha^e^teln ™ected*4 o^fa hulnl^e^^’V’itV mT T' 

:t‘rrrnd“4r e.ranen|ed‘:4^S’.7^ 

Q. You were asked if the presence of anyone at the hearino- before thp hniinf 

:,id%r=rrMZi‘trafner 

4SSrii^“''r" 

Q. These letteis weie written in the English language‘s_4 Yes 

A It is^^^' <^istrict is the most cosmopolitan district in New^England, isn’t it?— 

Q. And it is composed of a Hebrew population's—\ Yes 
Q. A Greek population ?—A. Certainly. 

Q. Chinamen and Syrians?—A. Yes. 

Q. And other races?—A. Yes. 

Q. Many of whom vote in the district?—A. Yes. 
hi^?^^^A races that could not speak English is very 

Mr. CxVLLAHAN. That is not amongst the voters. 

T ?‘ how is it amongst the voters. Does that prevail—4 

I don’t get the question. picvciii. 

Q. Mr. Callahan asks about how that is among the voters. Is there a lar^-e 
proportion that speak foreign languages?—A. I should think a verv lar^e 
proportion. i^i^be 


68 


TAGUE VS. FITZGEKALD. 


Q. Inasmuch ns you both live in the district-A. I know how it is, and he 

does, too. 

INIr. Callahan, I know every man who is able to vote must he able to read 
and write. 

Q. You were asked wlio was present with Mr. Fitzgerald when he came in, 
and you said .Judge Sullivan. Inasmuch as there are four or five .Judge Sulli¬ 
vans in Boston, will you tell us which one?—A. Charles S. Sullivan. 

Q. You were asked, in your conversation with Mr. Lomasney who was 
present, and you said, “ No one.” Does Mr. Lomasney ever talk to anyone when 
there is anyone else present? 

Mr. Callahan. I object to that in evidence. 

Q. In your discussion yesterday morning or in your testimony yesterday 
morning, you briefly referred to the resolution which I believe was described 
as the McLemore resolution. Had you voted against the McLemore resolu¬ 
tion?—A. I had. 

Q, Did you have any talk with Mr. Lomasney about it?—A. Yes; he told me 
I should not have voted against it. 

Q. What was his attitude? 

Mr. Callahan. I suppose that is inadmissible. 

Q. What did he say?—A. Mr. Lomasney told me that the McLemore resolution 
should have passed, and I should have voted for it. I thought I knew more 
about it than he did. 

Q. What did you say?—A, I said I would not vote for any such thing. 

Q. What did he say about Bryan’s policy as against Wilson?—A. He wanted 
me to support Bryan’s policy. He told me Bryan was right and Wilson was 
wrong. 

Q. Mr. Tague calls my attention to something I omitted.—A. I intended to 
answer this when you asked me who was present with ]Mr. Fitzgerald, if anyone. 
When I went in the Quincy House and had my talk when he made his speech 
about being the only man who could build up the port of Boston and being the 
only man who Avas capable of representing this district in Congress. He also 
said to me, after he had said that, I could have a position with Mr. Peters, 
Mayor Peters. He said, ” IVIr. Peters is under obligation to me, and he would 
never have been mayor of Boston only for me.” And I then asked him if he 
had double-crossed Jim Galvin, as Lomasney had double-crossed me. Fie got 
mad right off. 

Q. What did he say?—A. Eefused to answer. He said he was glad Jim 
Galvin was responsible for Peters’s election. 

Q. Where does Mr. Fitzgerald live?—A. Lives in Dorchester. 

Q. Whose district is that?—A. James A, Galvin’s. 

Q. And that is Congressional District No. 12?—A. No. 12. 

Q, Hoav many years has he lived out there?—A. Twelve years, I think. 

Q. So he was waging a contest against you in a district in which he did not 
live?—A. Yes. 

Q. What else did he say? What else did he say with reference to having 
elected Mayor Peters at that conversation? 

Mr. Callahan. I wonder—It is immaterial. 

Notary Mancovitz. Purely. 

A. Bearing on the fact that he was trying to get me to withdraw from the 
contest, objected to giving him opposition, and leaving the field clear for him. 

Q. Did he say anything about other candidates?^—Told me the other can¬ 
didates would be taken care of by Lomasney and wanted to know if I had 
further talk with Lomasney. Told him no, I had no further talk with him. 

Q. Who were the other candidates?—A, James Brennan and Mr. Mereley, 

Q. And Mr. Maguire?—A. Mr. Maguire. 

Q. He was going to take care of these men?—A. Mr. Lomasney would take 
care of them. 

Q. You were asked about Judge Bolster and you position for an inquest. 
YMu have done everything that could be done by you to get an inquest, have 
you not?—A. I have. 

Q. And as the matter now remains, it is in Judge Bolster’s hands, for him 
to set a date which he has said that he would set?—A, l^es. 

Q. And did he give a reason at the time that he said he would ret a tin:?, 
that the influenza was prevailing and he did not think it was wise to set it 
for those days?—A. Yes, that is just what he did say. 

Q. And told you not to talk to counsel, not to talk to anybody?—A. Yes. 

D. And von have followed intelligently by the course set?—A. Y"es. 



TAGUE VS. FITZGEKALD. 


69 


A lie '^as going to?- 

eomnuttefgets trough «'« congressional 

Kecross-examiliatioii by Mr. Callahan : 

th^'suDnort orMr^fn!,”'”^' f “1 ®*’st election because 

that of Ml. Lomasney might be a detriment to you?—A. I did not say 

Q. Didn’t you say to have Mr. Lomasnev advocate vour candidnov wmdd 
S'"drsSs"‘ on certa^ peo7e and^r".;^^ 

vou'<-feote‘.“tw®tnf ‘n“‘’ y^V Support that he would bring to 

5 0U teleatei than the way he would operate against you?—A. No I regarded mv 

position in Congress and my record in Congress entitled me to’the support of 

?n"he“usMcT'' ' "‘® of fair mS^ Ln 

and\^;f practical part of it. I don’t think I misquote you, 

o ^ Mr. Lomasney would injure you?—A. With certain people. ■ 

tion' ^ be elected without the support of his organiza¬ 

tion—A. Yes, and I have proved that in this election. 

snnnoft^-'rH^ Lomasney and asked for his 

suppoit. A. I asked him if he was going to be with me 

Q. Can’t you answer that, yes or no?—A. No, I can’t. ' 

Q. Did you go to Mr. Lomasney and ask him for his support?—A. Yes I 
asked him for his support. I went to every voter in the district 

Q. There was enough strength in his command so that you went to him 
and asked for his support?—A. Any organization where a man could use it 
properly was desirable to be gained. 

, believe your constituents have a right to question you about 

\otes?—A. They can all question me about votes. 

Redirect examination by Mr. O’Connell ; 

Q. How would you designate what he did?—A. He had threatened me and 
carried out his threat. 


Recross-examination by Mr. Callahan : 

Q. M hat sort of a threat was that? A. He told me I should never have voted 
against the McLemore resolution. 

Q. But the threat. A. He told me I should never go back to Congress be¬ 
cause of m.v vote. 

Q. MTien was that?—A. After I had voted in April, 1917. 

Q. In April or May, 1917?—A. Yes when I came away after that. 

Q. And how long aftei' that did you ask him for his support?—A. I went 
do\Mi to ask him to keep a promise that he had made me that he would support 
me. 

Q. Didn’t you go after all these things and ask him for his support?—A. I 
asked him to keep his word to me. 

Q. Can’t you answer yes or no?—A. No; there is no answer yes or no. I 
asked him to keep his word to me. 

Q. To support you?—A. Yes; to support me. 

Mr. O’Connell. Right here may we agree that the stenographers can tran¬ 
scribe the testimony, and you nnd I can read over the testimony and then 
have the .judges certify to it that it is correct. 

Mr. Callahan. I objected to that yesterday and I object to it now. I don’t 
want to waive anything. 

Peter F. Tague. 

Commonwealth of Massachusetts, Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F. 
Tague V. John F. Fitzgerald having first been duly sworn by the notary, do 
hereby make aflidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses \A'ithin this book. 

Gertrude S. Cole. 

Boston, Mass., May 5, 1919. 


Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of their knowledge and belief. 

Abraham C. Berman. 


70 


TAGUE VS. FITZGERALD. 


A. AA^arcl 6, pre- 
to vote?—A. Yes, 


Commonwealth of Massachusetts, Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 52 pages, 
togethei^ with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter F. 
Tague V. John F. Fitzgerald, beginning February 19, 1919; exhibits herein 
referred to are marked as described and made part of this record. 

Abeaham C. Berman, 

T. „ Notary Public. 

Boston, Mass., May 5, 1919. 

Deposition of CORNELIUS J. SHEA, a witness called on behalf of Mr. 
Tague, who, having been first duly sworn, deposed: 

Direct examination by Mr. O'Connell: 

Q. What is your full name?—A. Cornelius J. Shea. 

Q. Where do you live?—A. 92 East Dedham Street. 

Q. And what ward and precinct are you registered in?- 
cinct 6 , I think it is, on Plympton Street, the gymnasium. 

^ Q. Did you go to the polls on primary day, September 20, 
sir. 

Q. And vhat did you find the situation to be?—A. I went in and asked the 
inspector or the man at the rear for a ballot, gave him my name and address; 
he gave it to me, went in and voted, came out and put mv ballot. The warden 
spd. Another fellow has just voted on your name.” My name had been 
checked off as having voted previous to the time I had voted. Those are the 
only conditions I saw. 

A your name checked on the list? Did they allow you to vote?—• 

Allowing my name had been voted on. 

Q. Did they make a record of that at the time? 

Mr. Callahan. If he knows. 

Mr. O’Connell. Sure, he knows. 

A. Did they make a record? 

Q. Yes.—^A. Yes; no record is there. 

Q. Did they oblige you to write your name on the ballot?—A. No. 

Q. \Mio was the one who said your name had been voted on before vou 
went .—A. One of the State officers who was in charge of the voting booth, who 
was in charge of everything that was there. 

9 ' show you where your name was checked off as having been voted 

on? A. No; simply told me it was voted. 

Q. Did he call the attention of the officers there to that fact?—A. The officers 
there seemed to know that my name had been voted on when I went in from the 
way they acted. 

Mr Brogna I msk that that he stricken out. The question is, did he call the 
attention of the officers to that fact. 

The Witness. I am answering the question. 

Q. What did they say, as you remember it?—A. They did not say anvthino-- 
only that there was two ballots. ^ ^ ’ 

Mr. Brogna. Just a moment. 

The Witness. Just a moment, the question was- 

Notary Berman. Mr. Witness, your counsel will take care of you 

Q., What did they say?—A. I will say what they done. 

Notary Berman. If Mr. Brogna wants to wait until he has a chance to state 
his objection- (sccvlc 

Witness. As I was going out I took my ballot to put it in the box. One 
of the officers who was doing the checking of the voters when he heard mv name 
mentioned, Cornelius J. Shea depositing a ballot in the box,” went over to an- 
otlier officer and looked in his book. I tell you what I thou^-lit 

offi^er^^'''''' flo?—A. Simply spoke "to’the other police 

Q. What did he say?—A. Did not say anything. 

Q. Who told you your ballot had been voted on?—A. The man at the desk 
de^ warden?—A. I don’t know whether he is the warden or what. At the 

(Noon recess.) 

Cross-examination by Mr. Brogna: 

Q. What is your business, Mr. Shea?—A. What is my business? 

Q. What is your business?—A. Well, a general business I do. * 




TAGUE VS. FITZGERALD. 


71 


that place?—A. Yes, 
of mine. 


rn':f‘wire;t 

Q. What street and nnmlSr“.® I^it^KeraM lives In. 

Dedham Street. registered from last year?—A. 92 East 

yeaiW—A.'Norsfr”f don't thhik“so.** number prior to last 

and same address previous to'la^ryear.’ ^ 

thm-efyesi'*'" Dedham Street any time last year?—A. I lived 

registering voters. 

4nThn^ AVhenever it is—the 1st of April 

How l^g S‘";lfa'u^^'I’'^^^LT■-^• 

A. Ahtu? r-' j5fyi“ rti:::\.e'St“ s s^oSs"- 

p there for the purpose of voting from 
I went there to live there. 

Who were you living with?—A. Living with a friend 
IMiat IS his name?—A. Martin Day. 

Is he married?—A. Is he married? 

Yes.—^A. No, sir. 

Mas he your landlord there?—A. He was my landlord 

WMt'?s'‘hiTnfbor-,‘^ “Oliver- 

>\ nat IS his mother s name ?—A. Mrs. Day. 

Know her first name?—A. No; I don’t. * « 

How many rooms are there in the tenement?—A. Five I think 

How many bedrooms?-A. Well, you could call everyone a bedroom 

Was there a bed in each of the five rooms?—A. No. 

How many rooms were used while you were there, then as bedrooms'?_ 

used one bedroom. ’ uearooms. 

How about the others? A. I did not go inquiring about the others 

tbere?^^^'‘'5irrwfnt-- 

Q. Are you married?—A. Not that I know of? 

Q. Have you any family?—A. Not that I know of. 

Q. Any father or mother?—A. Got a father and mother. 

Q. Have you been living with them recently?—A. All my life, other than that 
particular time. ^ likui mat 

Q. Are you living with them now?—A. I am living anywhere. 

Q. Are you living with your father and mother now?—A. Not iust now no 
I am living here now. ^ ^ 

Q. You are standing here now. You don’t mean to say you are livino- in this 
room?—A. Just now I am. s, t 

Q. You understand what I mean, don’t you?—A. I don’t want to make any- 
thing from you, but if I should take a walk over to Squantum to-night I would 
be living at Squantum. 

Q. M'here did you live last night?—A. I lived with my father and mother 
Q. And prior to last night, how long have you lived with your father and 
mother? ^A. All my life, other than taking vacations now and then I suppose 
you might call that living with your father and mother all your life. 

Q. And your vacation comes when?—A. Every tiiue things break_ 

Mr. O'Connell. It does seem to me—I have allowed this examination to go 
on. but it seems to me it is going too far. 

Mr. Callahan. I suppose you are going into the right of this man to vote 

I suppose, since you are going to take up the question of illegal voting_ 

Mr. O’Connell. I certainly think you have a right to take up anythino- you 
like, but I think these questions are frivolous. ^ 

Mr. Bkogna. It is taken up by the Congressman. 

Mr. O’Connell. It does not seem to me we ought to cumber 
a lot of immaterial questions. 

Mr. Beogna. I will not admit my questions are immaterial 
material, competent, and relevant to this examination. 

The Witness. I think my answers are very material. 

Notary Beeman. Proceed. 


Q. 

Q. 

Q. 

Q. 


sir. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

A. I 

Q. 

Q. 


the record with 
I think they are 




72 


TAGUE VS. FITZGERALD. 


Q. Where did your fathei- and mother live in the last 12 months?—A. At 142 
Wells Avenue, and at 85 Savin Hill Avenue. 

Q. They have not lived at 92 East Dedham Street?—A. They have, pi’evious 
to that. 

Q AVithin the 12 months?—A. No, sir. 

Q. Did you pay any money for lodging at 92 East Dedham Street?—A. No, 
sir, 

Q. You did not hire the room from anyone, did you?—A. No. Didn’t have to. 

Q. Now, when you went in to vote you gave your name to the inspector at 
the"ballot box, didn’t you?—A. Y^es, sir. 

Q. And a ballot was handed you?—A. A ballot was handed me. 

Q. Can you give us the name of the inspector at the ballot box in the precinct 
where you voted?—A. I won’t give you the name. No. 

Q. Do you know it?—A. I could tell you that I think I know his name. 

Q. AVhat do you think his name is?—A. I think his name is AVedgeworth. 

Q. And after you marked your ballot, you then went to the place where the 
ballot was to be received and announced your name in the ordinary way?—A. 
Y^s, sir. 

Q. Do you know the name of the man who had charge of the receiving of 
the ballot?—A. No, sir. 

Q. Did he make any objection to receiving that ballot?—A. Not at all. 

Q. Do yon know the name of the man who made any objection to receiving 
your ballot?—A. There was no objection made. I was simply told my name 
had been voted on. 

Q. Do you know the name of the man'who said that?—A. I can tell you 
again that I think I know his name. 

Q. AVhat do you think his name is?—A. AVedgeworth. 

Q. And he is the man who handed you the ballot? 

I\Ir. O’Connell. I did not ask you that. 

A. And he is the man that told me my name was voted. 

Q. After he had handed yon the ballot?—A. After he had handed me the 
ballot. 

Q. After you had deposited it in the box?—-A. After I had deposited it in the 
box, that my name had been voted. 

Q. After the ballot was in?—A. After the ballot was in, be knowingly left me 
to vote, after knowing that my name had been voted on. 

Mr. Beogna. I ask that that be stricken out. 

Notary IMancovttz. That may .stand. 

Q. Do you know who voted on your name?—A. No; I don’t know who voted 
on my name. 

Q. AA^ere you active in the primary contest last year between IMr. Fitzgerald 
and Congressman Tague?—A. Y^es. 

Q. In behalf of whose candidacy were you active?—A. AA^'ell, I was active as 
just simply a citizen of America in that last campaign. 

Q. In whose behalf? 

]\Ir. O’Connell. He said as a citizen. 

Q. In whose behalf was he so active as a citizen?—A. I was with Peter 
'I’ague. 

Q. And who did you vote for?—A. I voted for Peter Tague. 

By Mr. Callahan : 

Q. You testified that you talked to two men in the polling booth, Mr. AA^edge- 
worth and one other.—A. I testified that I was talking—that the only conversa¬ 
tion that I had was with IMr. Wedgeworth. After a.sking him for a ballot he 
told me that my name was voted on. 

Q. Now, Mr. Shea, as a matter of fact, you were very much interested in the 
candidacy of Mr. Tague, weren’t you?—A. Not at all. 1 did not know the man 
from Adam in that campaign, 

Mr. O’Connell. Don’t get excited, Mr. Shea. There is no occasion for it. 

]Mr. Callahan. He will not get excited with me. 

INIr. O’Connell. No; you are the milde.st man alive. 

Q. Isn’t it true that on election day you acted as supervisor for Mr. Tague?— 
A. Uninterestedly. That is, the interest I took in it was, I was asked to act in 
behalf of the State to see thr.t, the election went through straight. 

Mr. O’Connell. That was on election day. 

Q. AA'ere you acting as supervisor in Mr! Tague’s interests?—A. On election 
day? 


TAGUE VS. FITZGERALD. 


73 


Q. t that true? A. On election day? That was on election day. 

Q. And you stayed there all day?—A. I stayed there all day. 

'''' Tague?-A. That was on behalf of Mr. 

Q. Do you know whether you were staying there officially, Mr. Shea’—A I 
was there with the full knowledge I was there as an official.' ^ J- 

• -’q you were inside the booth and inside the rail all day long?—A. I was 

inside the voting booth all day long. 

Q. Were you not inside the rail? A.—1 was there on occasion. 

O. io vote?—A. No, to look over the ballots. 

Q. As a supervisor?—A. As a supervisor. 

Redirect examination by Mr. O’Connell : 

Older that there may be no confusion, you had been appointed by Gov. 
IMcCall as a supervisor for election day?—A. Yes. 

Q. And the day your name was voted on was primary day?—A. Yes. 

Q. And you did not know Mr. Tague at that time?—A. Did not know him 

9 . 11 , 


Recross examination by Mr. Callahan : 

Q. Did you testify before the election law commission ?—A. Yes, sir. 

Q. Did you make the statement if Mr. Tague was elected he would be the 
np't President?—A. Yes, I made the statement I would like to see him 
President. 

Mr. O’Connell. Find out when Mr Shea can return and sign his deposition. 
Air. Callahan. I think in Mr. Shea’s testimony we can agree. 

Mr. O’Connell. In order that the record may be clear: in regard to Mr. 
Shea’s testimony it is agreed that the stenographer’s record of what he said will 
be certified by the judges. 

]\Ir. Callahan. If compared and found correct. 

Notary Berman. Of course. 


Deposition of Capt. RICHARD FITZGERALD. 

By Mr. O’Connell: ■ ' 

Q. What is your full name—A. Richard Fitzgerald. 

Q. And you are captain in the police department of the city of Boston’—A 
Yes. 

Q. Station 3?—A. Yes. 

Q. And near yoin* station is located ward 5 of the city of Boston?—A. Yes. 

Q. And on election day were you notified about violations of elections which 
were being carried on in precinct 4 of ward 5? 

Mr. Callahan. I object to that. 

Notary Mancovitz, It may be admitted, under Mr. Callahan’s objection. 

Mr. Callahan. I object to that on the ground it is hearsay evidence. 

Notary Mancovitz. Note Mr. Callahan’s objection. 

Q. Were you so notified?—A. Yes. 

Q. Your duty is to look after the election machinery in that district and see 
there are no violations of the law ?—A. Yes. 

Q. And as a result of investigation, what did you learn?—A. About 8.20 or 
8.30 on September 24, 1918, which was the day the Senate primaries were held, 
I received information that the regular ballot box of ward 5, precinct 4, was 
not being used. 

Mr. Callahan. I object to this on the ground it is hearsay. 

Mr. O’Connell. Proceed, Captain. 

Mr. Callahan. Note my objection. 

Notary Berman. Note Mr. Callahan’s objection. 

A. On the ground that a part of that bailot box could not be found and they 
were using a temporary emergency box in its place. A little later, on investiga¬ 
tion, the part of the ballot box was found and it was put in operation and the 
ballots were transferred from the emergency ballot box to the regular bal¬ 
lot box. 

Q. Did you find out how long they had been using the box other than the 
regular box?—A. Yes, sir. 

Q. How long had they been using it?—A. At the time the correction was made 
it had been used for about 21 hours. 

Q. That is, for the first two or three hours’ voting?—A. From 6 to 8.30. 


74 


TAGUE VS. FITZGERALD. 


Q. Did the person who complained to you state that he had complained to 
the election officials and they had not complied with his request?—A. No. 

Mr. Callahan. This question I object to as immaterial and irrelevant.' 

Q. Did you go to the booth to find out how things were going?—A. No, sir. 

^ Q. That is all. Now, Captain, on primary day do you recall Mr. Stone com¬ 
ing to the police station to complain about having been assaulted?—A. Yes, sir. 

Q. And again, on election day, was there a record of some assaults made 
during the election? A. There were complaints made of some assaults. 

Q. How many do you recall?—A. Only one. 

Q. And was there a prosecution for that complaint?—A. Yes, sir. 

Q. Were you captain at Station 3 in the year when Ernest’ Smith, who had 
been a member of our city council, was assaulted down in ward 5 because he 
was trying to see that the election would be run properly? 

Mr. Callahan. Wait a moment. I object to that. 

A. No, sir. 

Q. M eie you captain the year Prank Sibelek, the election commissioner, was 
assaulted down there? 

Mr. Callahan. I object to that. 

A. No, sir. No, I will correct that. Yes. 

Q. At that time Frank Sibelek was election commissioner?—A. Yes, sir. 

Q. And in puisuance of his work he went down there to see the work being 
done?—A There was some dispute as to his right to enter inside the rail and 
in the muddle and fuss I suppose you might call it assault. 

Cro^s-examination by Mr. Callahan : 

Q. You did not see him?—A. No, sir. 

Q. You did not hear him?—A. No, sir; I got reports. 

Q And everything you got is from reports?—A. Everything is through re¬ 
ports. It has been reported to me personally. 

Q. You did not see the assaults?—A. No, sir. 

Deposition of GEORGE GIKVAN. Fitzgeeald. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. George Girvan. 

Q. Where do you live, Mr. Girvan?—A. 134 Union Park Street 

Q. How long have you been living there, Mr. Girvan?—A. About five vears I 
should judge. ut j. 

Q. What is your business?—A. Brakeman. 

Q. Freight brakeman ?—A. Freight brakeman ; yes, sir 

Q. And you are working on the Boston & Albany Railroad •?—A Yes sir 

Q. That is a subsidiary of the New York Central?—A. Yes. 

Q. And did you vote on the primary day, September 24th last?—A No sir 
Q. Were you anywhere near the polls on that day?—A No sir ’ ’ 

Mr. O’Connell. That is all. 

Cross-examination by Mr. Callahan: 

th?"stete House ? testify before the ballot law commission ?—A. Up in 

Q. In the State House?—A. Yes, sir. 

Mr. Callahan. That is all. 

George W. Girvan. 

Mr. O-CONNELL. I will offer to show that Mr. Girvan’s name was voted on 

later when the check lists are presented. 

Deposition of EDWARD O’BRIEN. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Edward O’Brien 

about the signing of the testimony of these witnesses'? 
Mr. O’Connell. Can’t we agree to waive that? ^Mtnesses? 

ATf.’ \ suppose we must go through it in the regular wav. 

m. O Connell. Are you going to make us go through all that? It iems to 

dilp^r I see why there should be ajy 

Mr. Callahan. Tell us how you can do it. 

want to bring a locomotive engineer awav from hi- 
work to do something that we can agree upon, it .seems to me you are dohi- 
something that is extremely unreasonable. ^ ^ 


TAGUE VS. FITZGERALD. 


75 


I don’t think I need comment on that. 

worth whOe.”''""'^ ^ “ comment that would be 

Q. What is your name?—.A. William Edward O’Brien. 

Q. Where do you live?—A. 104 West Brookline Street. 

And you are a voter in ward 6*^_A Yes 

Q. What precinct?—A. Precinct 5. 

noon tbout’asa " PWcinct 5 to vote September 24th?—A. In the after- 

permitted to vote? Tell us what happened—A I went in nnd 

aWr^si )z ^ I -‘t ‘Vd!^’’‘ u T/s 

and met Repi esentatlve to the House Donovan, and the warden looked over his 

rail-hnfl they came out and said they would rlne 
up the election commissioners. So they came back and said I could vote unde? 
protest, so I voted and wrote my name on the back of the ballot ^ 

your tmme?-A: Na™te<l on 

Q. Rut your name had been checked off as havinj? voted'? —A \s havinir 
voted on and checked off. ‘ ^ ^ Having 

IVIr. O’Connell. You may inquire. 

Cross-examination by Mr. Callahan : 

Q. You live at 104 West Brookline Street?—A. 104. 

Q. And live there now?—A. Yes, sir. 

Q. Were you registered from there the first of April last year?—A. Yes sir. 

And you actually deposited your ballot and exercised your right to vote*?_ 

would not let me vote at all. 

0^ right to vote and deposited your ballot?—A. Yes. 

9' testify before the ballot law commission*?—A Yes sir 

Q. Did you testify the same way?—A. The same thing; ves sir ' ‘ ‘ 

Notary Berman. You did vote? " ’ ’ 

The MTtness. Yes, sir. 

I might state with reference to the testimony of Mr O’Brien 
that the voting list does not account for two votes having been voted on one 
name. That will be shown when the election records come in. 


Deposition of CORNELIUS SHEA. 


William EIdward O’Brien. 


Direct examination by Mr. O’Connell: 

Q. What is your full name.—A. Cornelius Shea. 

Q. And your business?—A. Police officer. 

Q. Connected with Station 3 of the city of Boston?—A. Yes, sir. 

Q. IVere you one of the police officers assigned on election’or primary dav 
September 24, to precinct 4, ward 5?—A. Yes', sir. ^ 

Q. IVhat time did you go there?—A. Six o’clock in the morning 
Q. Six a. m.?—A. Yes, sir. 

Q. That is the time the polls opened?—A. Yes, sir. 

Q. Ho\v long were you there?—A. Left at 7 o’clock. 

Q. From the time you went until you left at 7 
stationed?—A. Mostly inside the booth. 

Q. During that time what was used for ballotting?- 
lot box. ^ 

anything said to you as to why that was being used?—A No sir 
Mr. O Connell. I think that is all. 


o’clock, where w^ere you 
-A. An emergency bal- 


Cross-examination by Mr. Callahan: 

Q. Now, Mr. Shea, while that emergency ballot box was being used the pri¬ 
mary itself so far as it related to a man’s going in and qualifying and deposit¬ 
ing his ballot was all regular, wasn’t it?—A. Yes, sir. 

Q. Aside from the use of the emergency box instead of the other box during 
all tlie time you were there there was no other irregularity*?—A No sir 

Notary Berman. None that he knew of? • ^ . 

The Witness. None that I knew of. 

Q. And the emergency box was where the other box should be.—A. Yes, sir. 


76 


TAGUE VS. FITZGERALD. 


lledirect examination by Mr. O’Connell : 

Q. Wliere was it?—A. Where the other box was. 

(}. Were yon in there when the ballots were taken out?—A. No, sir. 

Q. Yon don’t know any thins? about that?—A. No, sir. 

Cornelius Shea. 


Deposition of ALLAN H. FARNHAM. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Allan H. Farnham. 

Q. Where do yon live?—A. 42 Ivy Street, Boston. 

Q. And you are connected with the election commissioners’ office?—A. 
Yes, sir. 

Q. In what capacity?—A. Assistant registrar of voters. 

Q. Sometime on primary day, September 24, 1918, were yon sent to precinct 
4, ward 5?—A. Yes, sir. 

Q. What time?—A. Why, I think somewheres about half-past S. 

Q. What was the complaint?—A. It had been reported to the office that the 
crank was not to be found. 

Q. When you got there, what did you find?—A. Found they had found the 
crank. 

Q. Did they state where they found it?—A. In the regular place. 

Q. In the regular place where it ought to be?—A. Yes, sir. 

Q. Had the ballots been transferred at all?—A. So they stated. 

Q. Now, this emergency box that they were reported to have been using is 
.iust a plain box with an opening about six inches in diameter?—A. It is an 
oval opening perhaps 6 inches long and perhaps 3 inches wide. 

Q. Without anything attached to it indicating as to how often it is used, or 
any safeguards indicating how it can be used or anything?—A. It is a slot. 

Mr. Callahan. I do not suppose you can testify to the use. 

Mr. O’Connell. I suppose he knows what it is. 

INIr. Callahan. Let him describe it. 

Mr. O’Connell. Will you describe it so Mr. Callahan will be satisfied? 

Mr. Callahan. So you will know. 

Mr. O’Connell. I know. I don’t need to be advised on that. 

Q. Describe it.—A. It is a box perhaps 18 inches long, 15 wide, 15 high. I 
don’t know the measurements, but that is about it. 

Q. Hrs it an opening in the top?—A. It has an opening in the top, a common 
slot that runs in the top, so that when the ballot is deposited the slot can be 
closed before another ballot can de deposited. 

Q. Is there any mechanism about it to indicate how often it is used?—A. No, 
sir. 

Q. And that opening is wide enough so a man could take a handful of ballots 

and deposit them at a time?—A. Why, a man could put his hand-. It is 

intended to take the ballots out, so you would have to lift them out. 

Q. So, after the slot was lifted you could put your hand in as often as you 
pleased, so far as the box is concerned?—A. There is no record made of it. 

Q. When the boxes are sent, instructions are also sent as to where the dif¬ 
ferent parts are?—A. There are no instructions. 

Q. Are there instructions given?—A. They can not deposit a ballot without 
opening a slide, and in the slide the crank is always placed. 

Q. You did not understand my question. I am referring to the box used on 
election day. That box is provided by the State of Massachusetts, isn’t it?— 
A. Yes, sir. 

Q. And that box is so arranged by machinery that it can not be opened after 
once it is closed except by a key?—A. Yes, sir. 

Q. And there is a machinery about it that indicates the number of votes 
that is put into it?—A. Yes, sir. 

Q. And there is also a stamping machine connected with it so that every 
ballot that is cast has to be stamped?—A. Yes, sir. 

Q. But on the other box there is none of this machinery; it is a plain box in 
which a ballot may be cast and when taken out it would have no record of any 
kind?—A. No. 

Q. The ballot box—strike that out. Calling your attention to the ballot boxes 
and the parapharnalia that goes with the voting boxes, I would like—I wish 
to ask you where they are kept at city hall.—A. The ballot boxes? 

Q. Yes.—A. In the room in the basement. 



TAGUE VS. FITZGERALD. 


77 


Q. Ill the room in the basement, and that is a large room downstairs'^’—A 
Downstairs. \es, sir. 

that room is frequented during the day by members of the election 
boaid ornce and it is not under any particular combination?—A. No, sir. 

Q. And many of the election officials, or rather the employees, eat their 
lunches there?—A. Occasionally. 

occasionally go.in there and have a smoke?—A. No, not that way. 

Q. \\ ell, if they wanted—if they wanted to rest they would go there?—A No* 
it IS not a social room. ’ 

Q. I know it is not a social room, but it has been used for social purposes, not 
111 an ottensive way, but when men are eating their lunch they sit there and talk 
and chat?—A. Naturally. 

Q. A.nd there is no watchman about there?—A. No. 

Q. Now, the check lists are kept upstairs in the regular office are they not’ 
A. The voting lists? 

Q. Yes.—A. Yes. 

Q. So that after an election the check lists are brought into the regular office 
upstairs?—A. The vault. 

Q. And then they are taken out and brought—and used for various purposes 
that they may be—that may be necessary?—A. Yes, sir. 

Mr. O’Connell, At this time I want to notify counsel on the other side that 
I shall show by the testimony of the records of precinct 4 of ward 5 the condi¬ 
tion of the voting and such facts as are important with the testimony of Mr. 
Farnham. 


Cross-examination by Mr. Callahan : 

Q. Now, Mr. Farnham, did you go to precinct 4, ward 5, yourself?—A. Yes, 
sir. 

Q. And when you went there, was this emergency box under the control of the 
regular election officials?—A. When I arrived there I did not see the box. I 
simply took notice of the regular box. 

Q. Now, do I understand that before you got there the ballots had been 
transferred from the emergency box into the regular box?—A. So I understood. 

Q. Now, this emergency box is provided by your department, also isn’t it?— 
A. Yes, sir. 

Q. And you knew if the emergency box was in operation it would be under the 
control of the election officials of that precinct?—A. Certainly. 

Q. How many election officials have they at a precinct like that?—A. six men. 

Q. And these 6 men are divided among 3 Democrats and 3 Republicans?— 
A. Exactly. 

Q. And they are appointed by your department?—A. Yes, sir, 

Q. And in addition to these officials aren’t there two or three policemen?— 
A. I know there are two policemen there. 

Q. Don’t 5*011 know the statute requires two policemen shall he there?—A. No. 

Q. How many policemen were there when you arrived?—A. I recall seeing 
one. 

Q. Now, ]Mr. Farnam, Mr. O’Connell has referred to the ballot boxes being in 
a social room. By ballot boxes, what do you mean?—A. Registering ballot 
boxes. The wooden boxes in which the ballots are deposited. 

The box that is furnished by the city?—A. Yes, sir. 

(}. Now, I understand that is furnished b 5 ^ the city, hut is under your con¬ 
trol?—A. Yes, sir, 

Q. And 5 *ou keep it year after year?—A. Yes, sir. 

Q. And these are registering boxes, aren’t the 5 '^?—A. Yes, sir. 

Q. And when they are put down there they are empt 5 ^?—A. When the 5 ’ are 
put down there they are empty; nothing in them. 

(^. There are no ballots in them?—A, Not a one. 

Q. The ballots are kept in a sealed receptacle, bound around with tape and a 
seal put on them?—A. It is a paper seal prepared by the department. 

Q. It is a paper sticker?—A. Yes, sir. 

Q. So, if there is any tampering with the packet that sticker is broken?— 
A. Yes. 

Q. And there is no sticker put on except with permission of your department? 
Let me clear that up. Perhaps you did not understand. When these ballots 
are taken from the voting booth, I understand they are wound around by this 
tape and that sticker put on them?—A. Yes, sir. 


78 


TAGUE VS. EITZGERALD. 


Q. Nobody has any authority to take off that sticker unless there is a recount 
of the vote?—A. Yes, sir. 

Q. And if there is no recount that sticker remains intact?—A. Yes, siY 

Q. Any ballots that would be in contest of the election would not be in this 
box?—A. No, sir. 

Q. Where would they be?—A. In a vault specially kept for the purpose. 

Q. Specially provided for the purpose?—A. Yes, sir. 

Q. And that vault is in a room?—A. That is in the basement. 

That is in the basement?—A. Yes, sir. 

(}. There are two locks to that vault?—A. Yes, sir. 

Q. And there are two keys?—A. Two combinations. 

Q. Who has the combinations?—A. The Republican commissioners one, and 
the Democratic commissioners another. 

Q. So that nobody except these commissioners could open that vault?— A. 
No. sir. 

Q. Now, these election officials or precinct officials are selected by the elec¬ 
tion board?—A. Yes, sir. 

Q. And they are notified of their duties by the board?—A. Yes, sir. 

Q. And they are sworn to perform these duties?—A. Yes, sir. 

Redirect examination by Mr. O’Connell: 


Q. These so-called election officers referred to are appointed by the election 
commissioners after recommendation by the various ward committees?—A. 
Yes, sir. 

Q. Of course ward 5, being controlled by the Hendricks Club, it is controlled 
by both the Democratic and Republican committees? 

IMi . Callahan. Mr. Farnham, you don’t have to answer such a (luestioit 
as that. 

IMr, O’Connell. If he knows. 

Notary Berman. I think it is a perfectly proper quesfion, if he knows 
A. I do not know. 

Q. These stickers, in order that there may be no misunderstanding about the 
stickers these stickers that are put on are slips of paper with the four names 
or the commissioners printed on them. Isn’t that right? 

what it is, in order to save time? 

Q. \Vhat IS It?—A. The seal of the city of Boston with the ward and iirecinct 
printed on it. v 

Q. And it is just a small printed slip of paper about 2 by 4 or 2 by 3?_A. 

Avhy, no; I guess it is a little larger than that. 

Q. About that size, isn’t it Ishowing witness a piece of paper] ?—A. I think 
It IS a little hirger. 

Q. Make it any size, whatever it is,—A. I tliink that is aljout the size of it 
Itolamg paiier]. 

Mr. Harrington. Make it in inches, Mr. O’Connell 
Mr. O’Connell. That would be about 3 by 4. 

Mr. Callahan. Perhaps one can be obtained and marked. 

thf^ifi^e up there.^ thousands of these knocking about in 

Q. They fall off the boxes very frequently ?—A. No, sir. 

seSs Upstairs"■>* ‘he 

Q. Yes.—A. None that I saw. 

Q. Don’t you remember when they were brought up there two were missing 

fo theTncfv^^VT called the commission’s attention 

to the tact? A. I never called your attention. 

Q. They are not put on by the commission, are they?—A. No sir 

Q. They are put on by anybody that had one?—A. Put on by the officers 

They could be put on by any one that had one?—A. Yes, sir 


Q. 


^ Q. All they need to do to put it on is to moisten the gum and put it on?_A. Yes 

Sir* • -4. • , 


Q. 

Q. 


And if it were not put on carefully, it might fall off?—A. It might fall off 
H f mere fact that one of these is on carries with it no assurance 

s?onel-?-A myf election eommS 

Mr. Callahan. If you can’t answer it, you don’t have to. 

^ question in another way. You could take one of 

these stickers off and put another on if you wanted to?—A. If I got hold of the 



TAGUE VS. FITZGEKALD. 


79 


has a whole big package of ^hem^^of a ^drawLfuf closely, the commission 

and yon could help yourself to them if'vnn ^ be, 

were?—A. Why, yes. access to the drawer where they 

"“f- access to it? 

Mr O’no^wTTTT Avi:^ ^ ^ ^ ^“cntioiied. 

kept- ■ le vault in which the ballots are supposed to be 

Air. Callahan. Are kept. 

stairs, bed^^Ien \^lm^timeThatup- 
be brought back later^rthe ^v^fl "tl o^ 

anybody- •'’ ^bose ballots remaining are accessible to 

Mr just a minute. 

closed and^loSed? wait a minute—unless the doors have been 

Wait a minute 

Mr. O Connell. I ask for an answer to that 

that"but"Yt“m to''c"a^t vo^iVaSi^ -“'O “"^wer 

place where the ballots are supposed to be klut^ nimT bas said “ the 

IS confined to the place where the ballots are kept knowledge 

The Witness. Are kept. ^ 

stand Air. O’Conne^rs^queSiou?^^^'''^^’ Question that way. Do you under- 
The Witness. I do. 

You‘couldZye''answered interrupted you had it in mind. 

The Witness. I can answer it now 

an^'lSd""' "'P™ ballots are taken out the doors are closed 

do^:sZe\Z1rked!ZrpLZanU'ZHZerZ'’Z^^^ 

Q. But if they are not,L,ybody'Zld go Woum 

go in who iyas not connected with the commissiotL "' “"ybody to 

Q. But nobody is put on watch there?—A. They are locked 

te^oC S-;|ZTZfgZarre^ZnZiT^i^^^ ^ 

Mr Callahan. He can not answer that question, 
over It. P"‘ vault ?-A. No, there is no guard put 

Q. Either day or night?—xi. No. 

Ye?' str!'‘ “ Jewnstiiirs in the basement of city hall annex?-A. 

Q. At the office of the election commissioners?—A. Yes sir 
Q hZ mWY tiules"'*' ^ dimensions. 

j|en?ior‘ .gVe'^Zn^Z? rZl^nZ^J“Tht 

Q. Would it be fair to say it is at least 12 by 12 feet*?-A Wbv if i« « 

square vault and that is why I could not give you th^dimensions TbP^^ ? 
jog into it that takes up considerable of the space ' cie is a 

Q. It is a large vault, anyway?—A. It is a large vault. 

Recross examination by Air. Callahan • 

„;i.X “•»'«Vss: 

Mr O’Connell. That is only an assumption. 
boM-d ^bke care of that are detailed by the 

J.T there? So that these ballots are never in anyone’s hands iin]p«sa in 

the hands of sworn officials of your department ?-A. Yes s?r ^ 

IS not much doubt this is a real vault? 

]Mr. O Connell. Just a second. « 

Q. And has a real steel door?—A. True. ‘ 





80 


TAGUE VS. EITZGEBALD. 


And you don’t ever remember, do you, in your experience, that there was 
any person or anybody employed to watch this vault? 

Mr. O’Connell. I don’t know that is iimterial. 

Q. You know, of course, that the Democratic commissioners could not go to 
that vault without being accompanied by or securing the key from the Repub- 
• licaii commissioners?—A. Yes, sir. 

Q. And vice versa; that is true?—^A. Yes, sir. 

Q. You mean if you wanted to go there you could not go there without getting 
the ke.v from the Democratic and Republican commissioners?—A. No, sir. 

Notary Mancovitz. It is a combination, 

Q. Or combination?—A. No, sir. 

Itedirect examination by Mr. O’Connell: 

Q. Y"ou don’t knov' anything that would prevent the so-called Republcans on 
that commssion giving the combination to the so-called Democrats?—A. I don’t 
know that they have done it. 

Q. No; but there is nothing to stop that, and if he had both combinations 
anyone could open the vault?—A. Certainly; anybody that had the combination 
could open it. 

Allan H. Farnham. 

Deposition of JONATHAN TOMLINSON: 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Jonathan Tomlinson. 

Mr. Callahan. Have you been sworn, Mr. Tomlinson? 

The Witness. Yes, sir. 

Q. And you are a police officer connected with Station 3 of the city of Bos¬ 
ton?—A. Yes, sir. 

Q. And on election day you were assigned as one of the police officials to 
precinct 4, ward 5?—A. Yes, sir. 

Q. What time did you get there, INIr. Tomlinson?—A. 8 a. m. 

Q. When you got there what did you find as to the method pursued by the 
officials in regard to the voting?—A. I arrived there at 8 a. m.; stood outside 
for about 15 iH'inutes, then went inside; noticed they were not using the regular 
ballot box and inquired why- 

Mr. Callahan. Will you speak up? 

Mr. O’Connell. He said he noticed they were not using the regular ballot box 
and inquired the reason why they were not using the regular ballot box. Go 
ahead. 

Q. And the warden informed me they could not find the key; that they had 
not sent it down from the election commissioners’ office with the box. 

Q. Who was the warden?—A. I could not say I know what his name is. I 
don’t know what his name is. 

Q. Was it Mr. Quinlan?—A. I think so; yes, sir. 

Q. Did you ask him whether he had made a report of it?—A. Yes, sir. 

Q. What did he say?—A. He said he had not. 

Q. Did you call his attention to the fact that he should have made a report 
of it immediately he discovered it?—A. Y'es. 

Q. Did he state vrhen he discovered it?—A. Y^es; said in the morning when 
they opened up he discovered it. 

Q. And up to the time that you called his attention to it, that is 8 a. m., he 
had made no report of it?—A. No, sir. 

Q. AVhat did you do then?—A. Notified the station. 

Q. What did you do to Quinlan?—A. Told him if he had not notified the 
election commissioners he had ought to, and if he was not going to I would 
have to. He said he was going to notify them when he went to dinner. 

Q. What did you say?—A. I said I will have to notify them now. 

Q. Did you do so?—A. Y"es, sir. 

Q. You went to the nearest patrol box and did so?—A. Y"es, sir. 

Q. When you came back from the patrol box what did you find?—A. When I 
got back they were changing the ballots from the emergency box to the other one. 

Q. In other words, when you left to report it they then found the key?_A. Iii 

a few minutes. I stood outside a few minutes, and when I went in they were 
changing the ballots from the emergency box to the regular box. 

Q. Was there any police officer inside whilst you were away?—A. Yes, sir. 

Q. AVho was it?—A. McCoy, I think was there, and Shea, the officer who 
testified here. 



TAGUE VS. FITZGERALD. 


81 


Ton'got'hJIckv^^l^Ylf'l/'"^ l-'-aetically.all t.-an.terre,l when 

Tomlinson °in whioh voil''s£hf*^*"i°"^ Ijefore the ballot law commission, Mr. 

think I (iul.‘ ■ ‘ ^ *“”' ** statement. I might have. I don’t 

veo- Ionrto^^ranSer''the!n.^’^‘'''’^‘^' "’““'tt “ft take 

re^ulm-'boxr «■' t«‘y?-A. The 

Q. Yes.—A. It is opened by a key. 

ri' tlie key wlien yon got back?—A Yes sir 

Q. Did they tell yon Miiere tliev found it‘>—A Yes sir' 

O “ under the’slide in the top of tile bov 

Q. I bat IS the regular place for it?—A. Yes, sir. 

Q. Did they tell you they found the crank?—A. It was the crank thev could 

O Tnd tha'rwsrf‘'‘“''\ “ ^t 'Vas the crank. 

. Lb And that was found under the slide?—A. Yes sir. 

Q. In the place it is ordinarily put?—A. Yes, sir. 

looked in there before and could not find it? 
Ml. Caulahan. A\ait a minute. I object to that. 

A. I asked if they had looked everywhere, and they said thev had looked 
everywhere they thought it wmiild be. .y u i .t.v naa looKeu 


Q. 

Q. 

Q. 

Q. 


Cross-examination by Mr. Callahan: 

AVhat time did you go there? About 8 o’clock?—A. Yes, sir. 


And you went into the booth about 8.15?—A. Y^es, sir. 

And there w^ere two police officers there then?—A. Yes, sir 
And you had some talk wdth them about the ballot box'and then vou 
went out and reported it to the station house, did you?—A. Yes, sir. 

Q. And that took about six or seven minutes from the time vou left until 
you came back?—A. I went in the booth; yes, sir. 

Q. And wdien you went back after reporting, there w^ere still twm police offi¬ 
cers there?—A. Yes, sir. 

Q. And during that six or seven minutes these ballots had been transferred 
from this emergency box to the regular box. You did not see anv ballots trans¬ 
ferred, did you?—A. Y"es. 

Q. AVho did the transferring?—A. The wmrden. 

Q. The w’arden? Was there anybody there at the transferring, I mean right 
at the tw’o boxes, except the regular election officials and you three police 
officers ? 

Ylr. O Connell. There were not three police officers. 

A. There wms nobody there at the transfer, only the regular officials. 

Q. That is wdiat I wmnted to bring out. The only ones that were there at 
the transfer of these ballots from the emergency box into the regular box w^ere 
the regular officials and you three police officers?—A. The police officers w'ere 
outside of the rail. 

Q. Where w^ere you?—A. Outside of the rail. 

Q. So the three of you w’ere outside of the rail?—A. Y"es, sir. 

Q. ITow" far away from where you were, were these twm boxes?-—A. About 
as far as that desk. 

Q. As far as this desk?—A. Y’^our desk. 

Q. Where I am standing now? About 7 feet?—A. Yes. 

Q. And they w^ere in your clear view?—A. Yes. 

Q. Did the w^arden tell you he wms going to report it wdien he w^ent to 
breakfast or at dinner time?—A. When he went to dinner. 

Q. That was about 8 o’clock?—A. About quarter past. 


122575-19- 


-6 



82 


TAGUE VS* FITZGERALD. 


Q. At the hearing before the ballot law commission didn’t you say that the 
warden told you he was going to report it when he went to breakfast?—A. I 
don’t think I did. 

Q. You are not sure whether you did or not?—A. Yes, sir. 

Q. You are sure you said there he was going to report it at his dinner hour? 

A. Yes, sir. 

Q. Did you stay there then, JMr. Officer, to see the voting going on after 
that?—A. I stayed until 10.30. 

Q. What is that?—A. Until 10.30. 

Q. Did you see anything irregular in the conduct of that primary or that 
election?—A. No; I was there until 10.30 and from 12 to 3.30 and from 3.30 to 4. 

Q. When the ballots were transferred from the emergency box into the regu¬ 
lar box, were they counted?—A. I could not swear to it. 

Q. Don’t you know whether they were or not?—A. I don’t. 

Q. Did you or any of the police officers at that time compare by your list 
or the checking list how many men had voted?—A. No, sir. 

Q. And you did not take the trouble to compare the number of ballots that 
had been deposited with the checking lists?—A. No, sir. The ballots were all 
taken and registered in the regular manner, 

Q. You did not take the trouble to do that?—A. No, sir. 

Q. Nor the other officers?—A, No, sir. 

Q. Were those ballots transferred one at a time?—A. Yes, sir. 

Q. And the warden would take one out and put it into the regular box?—A. 
Yes, sir. 

Q. And then would they be registered in the regular box—A. Yes, sir. 

Q. And that was in clear view of you three officers and everybody else?— . 
A. Yes. 

Redirect examination by Mr. O’Connell : 

Q. That is only while you were there?—A. No, sir, 

Q. You don’t know what took place prior to the time you went in?—A. No. 

Q, How many election officers were there?—A. Four there, 

Q. Are you sure they were all there that day?—A, They have got to be there. . 

Q, Sure they have got to be, but are you sure they were all there? 

Mr. Callahan. Are you arguing with your own witness? 

Mr. O’Connell. This is not my witness. This is a Government witness. All 
these witnesses are testifying for the United States Government. They are 
neither yours nor mine. 

Q. Were you present when the report was made up of the transactions that 
took place in that booth on that primary day?—A. Yes, I think I was. 

Q. Do you know, then, why it was that no reference was made in the report 
of the warden as to the transactions in regard to this transfer of the ballots?— 
A. No. 

Mr. Callahan. I don’t suppose he could answer that. 

]Mr. O’Connell. I now notify you, Mr. Callahan, that I shall call attention to 
the clerk’s report of the proceedings of that day in precinct 4, ward 5, in con¬ 
nection with the testimony of Mr. Tomlinson. That is all. 


Recross examination by Mr. Callahan : 


Q. You testified before the ballot law commission, Mr. Tomlinson?—A. Yes, 
sir. 


.Jonathan Tomlinson, 


Deposition of THOMAS JAMES QUIGLEY, Je. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Thomas James Quigley, jr. 

Q, And you are a seaman?—A. Well, what do you mean, seaman? 

Q. What is your business now?—A. Navy. 

Q. You are in the United States Navy. And on September 24, 1918, where 
were you stationed, Mr. Quigley?—A, Deer Island. 

Q. And that is one of the navy bases around Boston? 

Mr. Callahan. What is the date, please? 

Mr. O’Connell. September 24. 

Q. Where were you registered from on April 1, 1918?—A. No. 28 West Eagle 
Street, East Boston. 

Q. Did you go to vote at your regular voting booth on that day?—A. I did, 
sir. 


TAGUE VS. FITZGERALD. 


83 


I don’t know the precinct 


Q. ^^'hat ward and precinct was it?—A. Ward 1 
on it. 

Q. It is the regular voting booth-^ 

®^^PPose he should be permitted to tell. 

Stitets^^^^'^ booth?—A. It is on the corner of West Eagle and Border 

'.y*;!® pei-mlttecl to vote?— A. No, sir. I was not. 
fiPQ:h thmhappened.—A. I received a ballot from the warden at the 

He sni!i get checked off. 

ttp ^ sailor.” I said, “What is the reason?” 

J}^^aii vote.” I said, “I suppose if I go home 
and take the uniform ott I can vote? And he says, “ Yes.” Then I went out— 

no, I didnt I got kind of hot and said, “you can go to h-.” I said, “if 

1 got to take off the uniform I will leave voting abide.” 

Q. The rules of the Navy are that you are not to take off your uniform dur¬ 
ing v\'ar, isn’t it?—A. Yes, sir. uui 

Mr. O’Connell. That is all. 


Cross-examination by Mr. Callahan ; 

Q. M ait a minute, Mr. Quigley. You don’t know who that man was who told 
you you could not vote?—A. No, but he was a fellow that gives you a ballot. 
As you go ill the booth, a fellow checks you off. You give your name and this 
leJjow sitting outside looked to me like the warden the way he acted. He said 
“ You can not vote.” He had one of these ballot lists, I guess, that he had in 
his hand. He said, “ You can’t vote here because you are in uniform.” 

Q. At any rate, it was an election official, as you think, that told you vou 
could not vote?—A. Yes, sir. ‘ 

Q. Now, wasn’t there a police officer there at that time?—A. Yes, but he 
looked as if he was going to put me out. 

Q. Just answer the question. 

Mr. O’Connell. What was it he said? 

Notary Berman. Mr. O’Connell, you may ask him. 

Mr. Callahan. Your judge is giving you some instructions. 

Notary Berman. You may ask the witness what he intended to say if Mr. 
Callahan does not allow him. 

Ml. O Connell. Isn t he going to be allowed to tinish his answer without Mr 
Callahan interrupting him? 

Notary Berman. He sure is going to be allowed. 

Q. Do you know what I asked you?—A. Yes; you asked me if there was a 
police officer there. 

Q. Exactly. You can answer that, yes or no.—A. Yes. 

Q. There were two police officers there at that time?—A. I don’t know. I 
think there was at that time. 

Q. But you are sure there was one?—A. There was one. 

Q. Did you say anything to that police officer about being deprived of your 
right to vote?—A. No, I did not. 

Q. Did you tell anybody there about being deprived of your right to vote?— 
A. Only the fellow who had the ballot, the fellow who seemed to be an official. 

Q. And your reply to him was, “ Go to h--? A. No, I said, “ I can vote 

if I go home and take this uniform off.” 

Q. You did not indicate, did you, to any election official for whom you were 
going to vote, did you?—A. No. No, I would not. 

Q. So that the man who deprived you of voting did not know whether you 
were going to vote for Mr. Tague or Mr. Fitzgerald?—A. Not that I know of. 

Q. Will you give us the location of that booth again?—A. Corner of West 
Eagle and Border Streets. 

Q. What is it, again, please?—A. West Eagle and Border. 

Q. And when was the ffrst time you spoke of this to anybody?—A. I did not 
speak of it to anybody. I went home. I reported to duty at the navy yard 
that morning, did not bother. So when I got home called up the election com¬ 
missioner to try to find out just why they would not let me vote, and the tele¬ 
phone operator said they were too busy. I said, “ Who is that I am talking 
with ”? and she would not give me anybody. 

Q. When was the time you notified Mr. Tague or any of his friends?—A. I 
never notified Mr. Tague or any of his friends. 

Q. You never notified them?—A. No, sir. 





84 


TAGUE VS. FITZGERALD. 


Q. Did yon appear before the ballot law coininissioii?—A. No, sir. I was np 
there but did not testify. 

Q. You were up there but did not testify?—A. Yes, sir. 

Q. Were you summoned there?—A. I was requested to be there. 

Q. By Mr. Tague or one of his friends?—A. I don’t know just who it was. 
I think it was one if Mr. Tague’s friends. 

Mr. Callahan. That is all. 

q^HOMAs .Tames Quigley, Jr. 

Deposition of WILLIAM A. HEALEY: 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. William A. Healey. 

Q. Where do you live?—A. No. 877 Harrison Avenue. 

Q. What is your business?—A. Ropemaker. 

Q. What ward and precinct are you registered in?—A. Ward 6, precinct 9. 

Q. On primary day, September 24, did you go to the voting booth in your 
precinct to vote?—A. Yes, sir. 

Q. Were you permitted to vote?—A. No, sir. 

Q. What did the warden say to you?—A. Well, I went in and gave him my 
name, and he looked up and said, that my name had already been voted, and 
I said, “ That is funny, I have not even been here before,” and then he had 
the fellow with the other book look it up to see if I was checked up in that, 
and I was checked up. 

Q. And you mean by that book, when you checked off going in and coming 
out?—A. Y^es, sir. 

Q. Both election officers, then, had you checked off?—A. Yes, sir. 

Q. What did you say then?—A. I asked him if I was going to lose my right 
to vote because somebody else had voted on my name, and he said I would 
have to go to the election commissioners. 

C. What hour was that?—A. About half-past two in the afternoon. 

Q. Were you permitted to vote?—A. No, sir. 

Q. Did you find out who had voted on your name?—A. No, sir. 

Cross-examination by Mr. Callahan : 

Q. You live at 877 Harrison Avenue?—A. Yes, sir. 

IMr. O’Connell. Did you say 2.30 or 3.30? 

The Witness. Two thirty. 

]Mr. O’Connell. I simply call your attention to the evidence that was given 
before the ballot law commission that it was 3.30. 

The Witness. Yes; I was thinking it was closed at 3. 

Q. How long have you lived at 877 Harrison Avenue?—A. Let me tell you, I 
live with my folks and I left home a couple of times. 

Q. Will you please answer my questions? How long have you lived at 877 
Harrison Avenue?—A. All told or at one time? 

Q. Altogether.—A. I have lived there about a year now. 

Q. Where do you live now?—A. No. 877 Harrison Avenue. 

Q. Where did you live the 1st of April, 1917?—A. No. 7 Worcester Street. 

Q. No. 7 Worcester Street?—A. Yes, sir. 

Q. Did you live at 7 Worcester Street with your Jolks?—-A. No. 

Q. I mean 1918. April 1, 1918, where did you five?—A. No. 7 Worcester Street. 

Q. No. 7 Worcester Street?—A. In 1918, yes; 7 Worcester Street. 

Q. Did you live there with your folks?—A. No ; I roomed there. 

Q. Where did your folks live at that time?—A. Lived at 877 Harrison Avenue. 

Q. And they have lived there for some time, have they ?—A. About a year and 
a half, I should say. 

Q. How long did you live at 7 Worcester Street?—A. I lived there about 
three months—two months and a half. 

Q. Did you ever vote before 1918?—A. Yes, sir. 

Q. When?—A. The year before. 

Q. Any time before that?—A. The year before that. 

Q. And where did you vote from?—A. I voted from precinct 9 two years and 
from precinct 7 the year before. 

Q. And from what residence?—A. Well, the first year I voted from pre^’inct 7, 
at 103 East Brookline Street, and the second year I voted from precinct 9, from 
68 West Concord Street. 

Q. West Concord Street?—A. Yes, sir. 

Q. And after that?—A. And the last year, 7 Worcester Street. 


TAGUE VS. FITZGERALD. 


85 


O there?—A. Certainly 

g. loii lived m all these three places during these three years’—A No 

A. Th^'warden^ anybody’s attention to the fact you were deprived of voting?- 

--'den, 

ri^;trj:;;,crthef?ooTed U They were standing 

looU'ru^p and'ti;^;‘r.rf L";^7otvJte?' 

to U?-S!"No!'Sr®‘' Did you call the attention of the police officers 

we,UepriveVSVour .‘l^hf“e"-A"Tta^^ 
fel'i^n.^ZfS^ihemTboIft «:"• ^ 

Q. Told them about it?—A. Yes. 

Q. What are their names?—A. One fellow’s name is Crowley, 
g. vv here does he live?—A. In Dorchester somewhere. 

Q. ^Vhat is his first name?—A. Jim. 

Q. Jim Crowley. What is the other fellow’s name?—A. Coleman 
g. 'What is his first name?—A. Bill. 

Q. When jou went there that day and asked for a ballot, you gav^e your own 
Street^^'^^^ ^ save your residence as 877 Harrison Avenue?—A. No. 7 Worcester 

Q. Gave your residence at 7 Worcester Street. Did they tell you your name 
was not on the ballot was not on the list?—A. I seen it was on it 
Q. From 7 Worcester Street?—A. Yes, sir. 

Q. Y^ou saw your name was on the list?—A. On it and checked off. 

Q. And was it on the regular list/ A. I don’t know which list it was on I 
saw it. 


Q. You had voted there a couple of years, hadn’t you?—A. Yes, sir. 

Q. Was it a list like this?—A. Well, it was a list somewhat the same as that 
with names on it. ’ 

Mr. O’CoNNELiL. That is not the list which w’as presented. 

Mr. Callahan. I know it is not. It is one like it. 

Mr. O’Connell. I don’t know that it is. How^ do you know*? 

Mr. Callahan. I am not testifying. Let the witness testify. 

Mr. O’Connell. I don’t think you ought to- 

Q. “ City of Boston, list of registered voters.” That was the kind of a list 
you saw?—A. All I saw was an open book, 

Q. l^ou saw your name on the voting list?—A. I saw my name on the voting 
list. 

Q. On the voting list, and we will ask if it- 

Mr. O’Connell. Let him hurry up and get through. 

Q. Now’', Mr.-. 'What is your name?—A. HealejL 

Q. Look at 7 AYorcester Street. Do you find your name on that list?—A. I 
don’t think so. No. 

Q. And that is the regular voting list for ward 6, precinct 9?—^A. I don’t 
know wiiether it is or not. 

Mr, O’Connell, AVhat year? 

Mr. Callahan. 1918, 

Q. Did you continue to live at 7 Worcester Street?—A. "When? 

Q. After the primaries?—A. I did; yes. 

Q. And when did you go to 977?—A. I am not living at 977, 

Q. AVhy did you give your residence as 977?—-A. I did not give it as 977. 

Q. Didn’t you give it to Mr. O’Connell?—A. No, sir; 877. 

Q. No. 877. I beg your pardon. No. 877 Harrison Avenue. You are living 
there now?—A. Yes, sir. 

Q. And is that where you are registered in the draft, 877 Harrison Avenue?— 
A. Yes, sir. 


Redirect examination by Mr. O’Connell : 

Q. Just one question. You say it was half an hour before the polls closed 
when you went to vote. To go up to the State House to see the election com¬ 
missioners and go back would consume more than half an hour?—A. It would 
consume more than half an hour? It would be useless. 





86 


TAGUE VS. FITZGERALD. 


Kecross examination by Mr. Callahan : 

Q. Where do yon work?—A. Navy Yard. 

In what department?—A, Ropewalk. 

Q. And yon were placed there by Mr. Tagne?—A. Oli, no. 

Q. But yon are working in a department where a relative of Mr. Tagne is 
sn])erintendent?—A. Is he? I don’t know. 

Q. AVho is the superintendent?—A. Mr. Tnrnbnll. 

Q. I^Ir. Tnrnbnll. Did yon know he is related to the Congressman?—A. No, 
sir. 

Redirect examination by Mr. O’Connell: 

Q. Yon are a registered civil service employee?—A. Yes, sir. 

Q. And yonr name was taken from the civil service list?—A. Yes, sir. 

Q. And yon are beholden to nobody for the job yon have for the United States 
Government?—A. Positively no. 

Recross examination by Mr. Callahan : 

Q. How long have yon worked there?—A. Three years next month. 

Redirect examination by Mr. O’Connell : 

Q. And yon will work as long as the United States Government wants it, 
whether .John F. Fitzgerald wants it or not?—A. Yes, sir. 

William A. Healey. 

Deposition of CHARLES M. EATON. 

Direct examination by Mr. O’Connell: 

Q. What is yonr full name?—A. Charles M. Eaton. 

Q. And yon are a police officer connected with the city of Boston?—A. Yes, sir. 

Q. Attached to station .5?—A. Yes, sir. 

Q. Were yon assigned to duty on primary election day, September 24, in 
ward 6?—A. Precinct 3. 

Q. Precinct 3, ward 6. Did yon arrest a man by the name of Riinci?—A. I did, 

Q. For attempting to vote on another man’s name?—A. I did; yes, sir. 

Q. What did Rnnci say to yon about it? 

Mr. Callahan. Of course I oliject to this, relating a conversation. I wonld 
like to have my objection noted. 

Notary Beiiman. Yon may note Mr. Callahan’s objection. 

Mr. Callahan. I don’t see why we should be bonnd by what Rnnci said to 
this man. 

Q. Please, what took place and what was said and done at the time?—A. Abont 
3.20 in the afternoon this Rnnci came into the voting booth at ward 6, precinct 3, 
and gave the name of .Joseph Fnffnry. A ballot was handed him. He went in the 
booth and stayed there a short time, came ont, went to the ballot box ready to 
deposit the ballot. The warden stepped np and he said, “ .Tnst a minute. Have 
yon got any letters or anything npon yon to identify yon to be the man in the 
name yon are voting?” And he says, “No.” The warden had the checking list 
in his hand and he said, “ Yon are a taller man than this man. Yon are a 
younger man than this man. Yon are a heavier man than this man.” Fie said, 
“ Mr. Officer, I want yonr assistance.” I went along behind the rail and asked 
him if he had any letters, post cards, or means of identification. “ He said “ no.” 
I told him to let me see his identification card. He did, and the name was Joseph 
Rnnci, Genesee Street. I think 24 or 16. I placed him under arrest and took 
liim to the station house; searched him. After he was searched, asked him if he 
wanted to make a statement. He said he did if it wonld help him any. I said, 
“ Whatever statement yon make may be used for or against yon in court.” Asked 
him who told him to vote under this name. He said, “ I don’t know.” He said 
there was a man standing outside of the door who said to him, “ Yon are an 
Italian and there is an Italian living at 1.51 Dover Street. Go in and vote npon 
his name. They are all doing it. No harm done and yon will be doing the boys 
a great favor. Vote for Mr. Donovan for Representative.” « 

Q. Is that all?—A. That is all. 

Q. Yon may inquire. By the way, that is Mr. Rnnci sitting here?—A. Yes. 

Cross examination by Mr. Callahan : 

Q. Mr. Officer, were yon there when he deposited the ballot?—A. He did not 
deposit the ballot. They did not allow that. 

O. That was not allowed?—A. No. 

Q. So that there was no vote counted?—A. No. 


TAGUE VS. FITZGEEALD. 


87 


S’ know whom he voted for, of course?—A. No, I don’t. 

]n« tiiul any political cards in 

s pocket. A. les, I should say so. I found fifty or a hundred cards for 
v\assersaw, who was running for representative. 

Q. But not a congressional candidate?—A. No,’ sir. 


Redirect examination by Mr. O’Connell : 

ballot?—A. When I saw it last it laid on the table 
inside the booth. I don t know what became of it. 

Q. You don’t know what became of it?—A. No, I don’t. 


Recross-exaniination by Mr. Callahan : 

Q. You testified before the ballot-law commission?—A. I did. 

Q. Substantially as you did here?—A. Yes, sir. 

Q. And at that time Mr. Runci was called as a witness?—A. Yes. 

Q. And refused to testify on the ground it would incriminate him?—A. Yes. 


Deposition of AUGUSTUS RUNCI. 


Charles M. Eaton. 


Direct examination by Air. O’Connell: 

Q. MTiat is your full name?—A. Augustus Runci. 

Q. And you live where?—A. 69 Dover Street. 

Q. Are you the Augustus Runci concerning whom Officer Eaton has lust testi¬ 
fied?—A. Yes, sir. 

Q. The man who attempted to vote in precinct 3, ward 6?—A. Yes, sir. 

Q. On the name of another man, not your own?—A. Yes, sir. 

Q. Will you tell us w^ho asked you to vote?—A. I don’t know who asked me 
to vote. I don’t know his name. 

Q. Don’t know his name. Have you seen him since?—A. No, I have not. 

Q. Had you ever seen him before?—A. No, I did not. 

Q. Had you voted in that precinct that day before that?—A. No, I voted in 
precinct 2, not in 3. 

Q. Precinct 2 of the same ward?—A. Same ward. 

Q. Did you vote anywhere else that same day?—A. No. 

Q. Are you sure of that?—A. Positively. 

Q. What were you doing that day?—A. I was stationed at the entrance to 
the primary .school for a friend of mine, Meyer Wassersug. 

Q. You were engaged then in the interests of someone who was running for 
office?—A. Yes, a friend of mine. 

Q. Was it that friend who asked you to go in and vote?—A. No, it was 
not him. 

. Q. Was it some of his friends?—A. Not that I know of. 

Q. And you had been around that ward all day up to the time you were 
arrested?—A. Yes, sir. 

Q. All day?—A. From 8 o’clock in the morning. 

Q. Have you told anybody that you had voted?—A. What is that? 

Q. Did you tell anybody about having voted there?—A. No, I did not. 

Q. I wish you would describe the man who asked you to do this and for 
whom you did it.—A. Well, he was a tall chap and he was dressed in a light 
gray suit. 

Q. How old?—A. Well, I don’t think he was anywhere more than about 30. 

Q. Could you tell him if you saw him?—A. I don’t think I could. 

Q. You could not?—A. No. 

Q. And you had never seen this man before?—A. No. 

Q. Were you sober?—A. Just as sober at that time as I am now. 

Q. And you did that?—A. The way it was put up to me as if I had to do it. 
It was a duty. , 

Q. How was it put up to you?—A. A fellow came up to me and said, “You 
are an Italian and there is an Italian named Fuffury who has not voted yet, 
and you can vote for him and you will be doing the boys a big favor.” 

Q. What boys?—A. I don’t know. 

Q. Did you ask him?—A. No. 

Q. What did you say?—A. I said, “If I am doing anybody a favor—I have 
never thrown anybody down yet.” 

Q. Never thrown anybody down yet, but you were then going to throw a man 
down by using his name, voting on it. Did that occur to you?—A. No, it did 
not occur to me until afterwards, until it was too late. 


88 


TAGUE VS. FITZGERALD. 


Q. Until you were arrested. Tell us something more about what was said 
and done at that time. 

Mr. Callahan. He has told you. 

Q. How long did that take?—A. About five minutes. 

Q. Was it inside the booth?—A. No. 

Q. How near the booth?—A. I should say about 100 feet off. 

Q. About 100 feet off. Were the police officers around?—A. No. 

Q. Do you mean to say you met this man, a stranger, outside of the booth 
and had this talk with him?—A. Yes, sir. 

Q. And that was all the talk?—A. I do. 

Q. Did he give you any money?—A. If he had I would not take it. 

Q. Why not?—A. If I do a man a favor, I would not take money. 

Q. Do you call it a favor to vote for a man? 

Mr. Callahan. I think you ought to get away from this witness. Young man, 
keep quiet. I do think you should not frighten the witness. 

Mr. O’Connell. I am going to calm him down. 

Mr. Callahan. I think you are the one that has got to be calmed down. 

Notary Beeman. Mr. Witness, you must- 

Mr. Callahan. I think counsel should be instructed to keep away from the 
witness. 

Notary Berman. I think Mr. O’Connell has conducted himself properly. 

Mr. Callahan. If he is your witness, you can not cross-examine him. 

Mr. O’Connell. Will you please make an order, so I may proceed? 

Notary Beeman. Mr. Witness, do not argue with anybody in this court room. 
If you don’t like the questions, don’t answer them. Don’t get angry with 
anybody. 

Q. Will you tell us how you were doing anybody a favor by fraudulently 
voting at the request of a stranger?—A. It all depends on the way you were 
feeling and the way you are approached by the man, 

Q. Tell us the favor you thought you were doing.—A. I thought I was doing 
him a favor. 

Q. Who?—A. Doing him a favor when I voted for his friend. 

Q. Did he tell you who to vote for?—A. Yes. 

Q. Did you know this man that told you to vote?—A. I did not get that right. 

Q. Don’t you know the name of this man that told you to do this voting? 
How do you know he was a friend?^—A. The way it was put up to me. 

Q. How was it put up to you?—A. I did not say this man was a friend, but 
he said it would he a favor to the boys. 

Q. What boys are you talking about?—A. Meyer Wassersaw and Tom Dono¬ 
van. 

Q. Tom Donovan was one of the representatives managing Mr. Fitzgerald 
in that ward, wasn’t he?—A. I don’t know. 

Mr. Callahan. Did you say you don’t know? 

Mr. O’Connell. Won’t you let him answer? 

A. I don’t know. 

Mr. Callahan. He said he did not know. 

Q. How well do you know Mr. Donovan’s brother?^—A. I don’t know. 

Q. You do know him, don’t you? A. No; I don’t. 

Q. Haven’t you seen him?—A. Tom Donovan’s brother? 

Q. Yes.—A. No. 

Q. How have you mentioned his name?—A. I said Tom Donovan. 

Q. You said he was one of the boys.—A. I know his name is on the bill 
posters. 

Q. How did you happen to call him Tom Donovan?—A. All the boys do. 

Q. How was it helping Tom Donovan if you went in and voted this way?_ 

A. I would not know just how it would be helping him. It did not help him 
a great deal. It hurt him. 

Q. And what boys are there that call him Tom Donovan that you had in 
mind?—A. The ho.vs I mingle with. 

Q. Who are they?—A. One of them is named—the reason I might call him? 

Q. Name the boys.—A. I won’t name the boys. 

IMr. Callahan. Everybody calls him Tom Donovan. 

Mr. O’Connell. Wait a minute. 

Mr. Callahan. The same as they call you .Toe O’Connell. 

The Witness. Why should I go to work and name my friends’ names in a 
court room? 



TAGUE VS. FITZGERALD. 


89 


^ truth and want the names of these men who are con¬ 

nected with you. A. There was nobody connected with me. 

Q. I want you to name the men you had in mind, when you said it would help 
the b(^"s tor you to do that.—A. Meyer Wassersaw' and Tom Donovan. 
i}. How \vas it helpings Tom Donovan?—A. That I could not say. 

(}. Didn’t you kmnv Tom Donovan wuis interested in handling John F Fitz¬ 
gerald 111 that w\ard?—A. No. 

Q. You have knowm it since, haven’t you?—A. No. 

Q. You ha^e knowm it since, haven’t you?—A. Ever since I was arrested I 
have not followed up politics at all. 

Q. Didn’t you know^?—A. No. 

Q; Wliat did you mean by saying to the policeman, “They are all doing 
It- —A. Those are the very wmrds the fellow^ said that wanted me to vote 
for Tom Donovan and Meyer Wassersaw. 

Q. Mliat did you mean when you said, “They are all doing it?”—A I sup¬ 
posed others had done it. 

Q. AVas he a man that had been around all day?—A. I could not tell you. 

Q. You knew^ him well enough to take his wmrd?—A. I did not know'him 
to take his word; just as I wmuld take yours if I met you in the street or 
some one else’s. ‘ ’ 

Q. You took his wmrd as being truthful?—A. Probably I did. 

Q. And you took it as being truthful every time because you knew^ him^and 
had good reason to believe wdiat he said w^as truthful?—A. No. 

Q. And you wmuld do that for any stranger wdio wmuld come up to vou on 
the street?—A. No; I would not. 

Q. AVould you before that?—A. Probably I wmuld. It seems I did. 

Q- Would you do it after that?—A. No; I w’ould not. I have had my lesson. 

I wmuld not do it. 

Q. How’’ often had you done it before?—A. Never done it before. » 

Q. But this stranger who spoke to you on the street wanted you to, so you 
immediately did it for him?—A. I did not do it immediately. 

Q. How" soon did you do it?—A. He came up to me in an appealing way. 

Mr. Callahan. I ask that this has all been gone over. 

Notary Berman. I think Mr. O’Connell is within his rights. 

Q. How’ long were you?—A. Five or ten minutes. 

Q. M hat did you do during the 10 minutes?—A. Went down and got a ballot 

and wms marking the ballot. The warden- 

Q. I asked you wdiat you wmre doing during the 10 minutes?—A. What I 
meant was, he wms appealing to me for about 10 minutes. 

Q. Give us some more of the talk that took place during the 10 minutes.—A. 
That wms all. 

Q. And you want us to believe that you wmuld not know that man again 
although he w^as talking to you 10 minutes?—A. I wms so excited I wmuld not 
be sure. I might know him. 

Q. You wmre not excited at the time he was asking you to go in and vote, 
wmre you?—A. When I got inside. 

Q. I am not asking you about inside. I am asking about when you were 
talking wdth him.—A. Yes. 

Q. Did you let him know you were excited?—A. No; I did not want him to 
think I wms yellow\ 

Q. Who wmre you bound up to that it would seem to be yellow^? Who wmre 
you bound up to in any wmy, shape, or form that it would seem to be yellow 
to refuse to vote wumngly? Tell us the man that wmuld think that.—A. You 
asked me if I wm.s excited. 

Q. I am asking you to answer my question.—A. No. 

Q. AVho wms the man, or group of men, that wmuld think you yellow?—A. 
The way I loow at things now, I don’t think any sane man would think I 
W’as yellows 

Q. Who did you have in mind when you thought that?—A. Ne never told 
me anyone’s name. 

Q. Who did you have in mind?—A. Listen. You asked me if I was excited 
and if I told him I was excited. I told you I did not tell him I was excited, 
because I did not wmnt him to think I wms exctied. 

Q. I asked you who you had in mind that would think you were yellow^—A. 
had no person in mind that wmuld think it. 

Q. Did you mean what you said?—A. Probably I did not. I don’t know" 
just how^ to get at it. 



90 


TAGUE VS. FITZGEKALD. 


Q. Is much more of your testimony wrong?—A, No, sir. 

Q. What else was said when he was inducing you to vote under another 
man’s name?—A. That is all he said to me, kept repeating, trying to get 
around it in a nice way that it would be doing him a big favor and that I 
should do it and that is all. 

Q. That you should do it?—A. That I should do it. That is all. 

Q. How often did he tell you they were all doing it?—A. I think he oniy 
told me about once. 

Q. And that was about once, and that was enough to induce you?—A, Yes, 
sir. 

Q. Were you haggling about the price?—A. There was no price. 

Q. Anyone else present?—A. No, sir. 

Q. How did you happen to go up there to that booth at that time of day?— 
A. I was down there on Genesee Street, so I simply took a walk down to see 
how things were turning. That is all. 

Q. You were stationed on Genesee Street?—A. Yes; because the majority of 
the people I know were voting on Genesee Street. 

Q. And you had no other business; no real business in mind when you went 
up to Groton Street?—A. No, sir; just simply- 

Q. Just simply what?—A. Just simply to see how things were going. That 
is all. 

Q. Well, Mr. Rinci, had you seen any other boys doing this or trying to do 
it; voting on others’ names?—A. No; I had not. 

Q. How did you happen to take this man’s word for it, that it was truth¬ 
ful? 

Mr. Callahan. Just a minute? 

Notary Mancovitz. It is argument. 

Notary Beeman. I think this question is properly put. 

Q. How did you happen to take this man’s word for it, that it was truth¬ 
ful?—A. I simply took his word for it, that is all. 

Q. And he was a total stranger to you?—A. He was a total stranger to me. 

Q. Never had seen him before?—^A. Never had seen him before. 

Q. Would you know him if you saw him?—A. I don’t know that I would. 
I might recognize him. I don’t know as I would recognize him. 

Q. Where were you living at that time?—^A. 14 Genesee Street. 

Q. What is your business?—A. Business was that of salesman. 

Q. Were you working?—A. Yes, sir. 

Q. But you were not working on that day?—A. No; I was off on account of 
election day. 

Cross-examination by Mr. Callahan : 

Q. You testified you were friendly with Mr. Wassersaw?—A. I did. 

Q. And he was a candidate for the legislature?—A. I did. 

Q. And that M^as your particular interest there that day?—A. Yes; I was 
asked by Mr. Wassersaw if I would kindly do him a favor by goi'ng out and see 
if some people would vote for him. 

Q. The reason for your staying away from your regular employment and 
going there that day was to advance the interests of Mr.'Wassersaw?—A. Yes, 
sir. 

Q. And that was your chief interest?—A. Yes, sir. 

Q. That was your only reason?—A. Yes, sir. 

Q. You had no interest whatever in the congressional contest?—A. No, sir. 

Q. Anybody connected with Mr. Fitzgerald ask you to vote?—A. Not that I 
know of. 

Redirect examination by Mr. O’Connell: 

Q. Anybody connected with Mr. Tagaie ask you to vote?—A. Not that I 
know of. 

Q. You knew Tom Donovan was interested wfith Mr. Fitzgerald? 

Mr. Callahan. There is no evidence here of that. 

Mr. O’Connell. There will be evidence. 

Q. Go ahead. You do know since?—A. No; I don’t, Mr.- 

Q. Haven’t you read the papers?—A. What is that? 

Q. Don’t you read the papers?—A. I kind of followed up the hearing at the 
State House because my name was in it quite a little. That is why I did. 
Otherwise I did not. 

Q* You kind of look at this as a joke?—A. No, sir; I do not, when mv repu¬ 
tation is at stake. 




TAGUE VS. FITZGERALD. 


91 


Q. And yon have come on this stand and assumed an attitude of being 
amused at what went on here.—A. I feel as serious about it as you or anyone 
else. Probably it seems to anybody little when my reputation is at stake. 

Q. You have not conducted yourself this way.—A. Probably it is my dis¬ 
position. 

Augustus Runci. 

Mr. O’Connell. It is agreed between Mr. Callahan, representing Mr. Fitz¬ 
gerald, and Mr. O’Connell, representing Mr. Tague, that immediately after we 
finish with the witnesses already summoned we will go on with the examination 
of the election commissioners concerning the ballots and what their require¬ 
ments are in the way of identification. 

FRANK I. BARRY, sworn. 

Q. What is your full name?—A. Frank I. Barry. 

Q. Where do you live?—A. No. Ashburton Place. 

Q. Did you go to your precinct to vote on primary day?—A. Yes, sir. 

Q. Were you handed a ballot by the election officer?—A. Yes, sir. 

Q. What did it disclose?—A. It was a ward 4 ballot, precinct 5, 

Q. Where is ward 4, precinct 5?—A. I think it is in Charlestown, 

Q, In another part of the city?—A. Yes. 

Q, Did you call the election officer’s attention to that fact?—A. Yes, sir, 

Q. Did you hand the ballot back to him?—A. I did, after they refused to 
allow me to tear it up. 

Q. You desired to tear it up?—A. Yes. 

Q. Why did you want to tear it up?—A. Because I had it partly marked. 

Q. Did you testify substantially same before hearing before ballot law com¬ 
mission?—A. I did. 

Q. Did you receive another ballot?—A. Yes. 

Q. And after marking the second ballot as you described, did you deposit the 
same in the ordinary way in the ballot box.—A, Yes, sir. 

Q. And then went home?—A. Yes, sir. 

Q. Was this primary day or election day?—A. Primary day I guess. 

Q, Did you notice whose names were printed on the first ballot which you 
received?—A. I did not until I got half way down, and found they were all 
Charlestown people. 

Q. As candidates for Congress?—A. I would not say as to that, I don’t think 
I got that far. 

Re-direct examination: 

Q. Do you recall whether there had been any writing on that ballot or not?— 
A. Nothing but what I marked. 

Re-cross examination: 

Q. Were you summoned to appear here to-day?—A. I was. 

Q. Have you received a witness fee?—A. No, sir. 

Frank I. Barry. 

Commonwealth of Massachusetts. 

Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F. 
Tague V. John F. Fitzgerald, having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

, Gertrude S. Cole. 

Boston, Mass., May 5,1919. 

Personally appeared above Gertrude S. Cole, and made oath that statement 
signed was true to the best of her knowledge and belief. 

Abraham C. Berman. 

Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 57 pages, 
together with the notice of contest and answer, is a true and correct copy of the 


92 


TAGUE VS. FITZGERALD. 


testimony taken before me, under oath, in the contested election of Peter F. 
Tague i\ John F. Fitzgerald, beginning February 19, 1919; exhibits herein re¬ 
ferred to are marked as described and made part of this record. 

Abraham C. Berman, 

Notary Public. 

Boston, Mass., May 5, 1919. 


JAMES JOSEPH McCarthy, sworn: 


Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. James Joseph McCarthy. 

Q. Where do you live?—A. Now 895 Huntington Avenue, Roxbury. 

Q. What is your business?—A. Credit manager. 

Q. For whom do .vou work?—A. Read in the record, not for outside though. 

Q. Were you present in ward 5 on election day?—A. Yes, sir. 

Q. And you went down there as one of those who were to represent Mr. Tague 
in order to see that there would be no illegal voting?—A. Yes, sir. 

Q. And did you have a list of the names of illegal voters whom you proposed 
to watch and call attention to the officers that they had no right to vote?—A. I 
did. 


_ Q. At what time did you go to the election?—A. I should say half-past 9 or 10 
o clock in the morning. 

Q. What booth was it do you recall?—A. On Norman Street, the Washington 
Scliool, 

Q. In ward 5?—A. Yes, sir. 

Q. Describe what happened?—A. I went into the booth, and went over and 
stood at the rail. I was there about five minutes when a man came in whom 
I had reason to believe was an illegal voter and had registered illegally, and 
nis vote I challenged. When the other people there saw what my business vas 
they objected to my standing on the rail, and I was asked by the warden to stand 
back 6 feet, which I did. I had no sooner stood back when another man came 
in, and asked the man who had objected to my standing on the rail for the list 
winch he held. He evidently represented the opposition- 

Mr. Callahan. We don’t care wdiom he represented. You didn’t know he 
lepiesented the opposition?—A. He did represent the opposition. This man also 
went over and stood on the rail. 

Q. On the rail wdiat do you mean?—A. He wms standing as I am here. He 
was standing at the rail. I let him stand there for a moment and then I 
objected to his being at the rail and he was requested to stand back 3 feet, 
ilien 1 saw I could go over and get nearer election officers and hear the names 
more distinctly by gohig to the left of the entrance and I asked the warden if 
there \yas any opposition to my standing there and he was about to protest when 
the officer said, “ You are all right; stay there.” Then, perhaps, I challenged 
four or hve names when one fellow came in whom I challenged and the w^arden 
would not accept it. There was considerable commotion, and five or six of the 
crowd hanging around there jostled me and one man reached in and grabbed for 
my check list. I stuck the list in my pocket with this hand [indicating] and 
leached out with this hand and grabbed him by the collar, and by that time the 
officer was light outside there and I pushed him into the officer’s arms usiu*^ 
this motion [indicating]. That list wdiich I had wdth the names of the illegallv 
registered voters- 

Q. Whom you intended to challenge?—A. l^es. 

Q. And that was wdiat the man sought to get awmy from you?—A. l^es. 

Q. Do you know' who he w'as?—A. His name w'as Lee, "l believe. He lived 
next do,or to the station house on Joy Street. 

Q. Was he affiliated wdth the other faction?—A. He wms. 

Q. How many w'ere engaged in this commotion against vou?—A. At least five 
and possibly eight. 


Q. Describe the commotion?—A. There wvas a round pillar there in the base¬ 
ment of the schoolhouse, perhaps 24 or 30 inches thick, and they jostled me 
against the rail and this fellow reached in and grabbed for the lik 

Q. They surrounded you?—A. No, not that; but they w'ere around in front 
of me wdth my back to the rail. 

Q. What did the officer do then wdth this man?—A. Grabbed hold of him and 
said “ You can’t get awmy wdth that in any polling place wdiere I am an officer.” 

Q. What did he do?—^A. Arrested him^—held him there and sent outside for 
another officer. Then he said to me, ” You had better come with me • they wdll 
tear you apart.” ’ 


I 




TAGUE VS. FITZGERALD. 


93 


Q. The officer said that to you?—A. Yes. 

Q. What did ypii do then?—A. I went with the officer to station 3. * 

Q. And this man was booked for assault?—A. Assault and battery. 

Q. Did you go back to the booth?—A. I did not. 

Q. W hy ? A. If I went back there I would need a company of infantry to 
keep me together. 

Q. You were in fear of assault? The officer told you they would eat .you 
aliye if you didn’t come out of there?—A. He said they would tear me apart, 
to the best of my recollection. 

Q. What did you do then?—A. After the man was booked at the station 
house I went out and went up Joy Street and along that street back of the 
^ statehouse, oyer toward Beacon Street, oyer toward Somerset Street, and some¬ 
body stepped out from one of those l)ig stairways going to the statehouse, came 
behind me and gaye me a punch in the jaw. I turned around- 

Q. Soon after leaying the station hou:^e?—A. Just after. They were waiting 
for me. This one was all I saw at the time, and he started after me and three 
or four big fellows came after him. I ran across the statehouse grounds and 
got down to the Carney Building. Three of them went into the building by way 
of the stairs and I took the eleyator. 

Q. Right to the Tague headquarters?—A. Yes. 

Q. You didn’t go back to the booth again during the day?—A. No, sir. 

Q. This man that assaulted you was represented by Mr. Mancovitz?—A. Yes, 
sir. 

Q. WTio is now presiding as judge for the Fitzgerald forces?—A. Yes, sir. 

Q. And when he appealed to you about haying the boy released, did you tell 
the judge that you didn’t care to prosecute any further?—A. 1 did. 

Q. You had nothing against this man personally?—A. I had nothing against 
him; no. 

Q. In fact Mr. Tague •told you not to prosecute him?—A. Yes; he said he 
didn’t want to put any boy away. 

Q. Said what?—A. That he didn’t want to put any boy away. 

Q. How many names did you haye on your list to challenge?—A. There were 
oyer 50. 

Q. And how many had you challenged at the time you were assaulted?—A. 
Three, four, or tiye, I wouldn’t say which—not more than five. 

Q. Did the warden accept all that you challenged?—A. No; he would not 
accept them. 

Mr. O’Connell. That is all. 

Cross-examination by Mr. Callahan : 

Q. I understand you went there with a list and there were some names on 
that list, names of voters that if they were going to vote you were going to 
challenge them—challenge their vote?—A. Yes, sir. 

Q. Who asked you to do that?—A. Mr. Kane. 

Q. Mr. Kane is who?—A. Mr. Tague’s secretary. 

Q. Anybody else?—A. I don’t recall, there were several in the office, but 
Mr. Kane I think was the one. 

Q. You were in the Navy at that time, weren’t you?—A. Y^es, sir. 

Q. And where were you stationed?—A. Little Building. 

Q. And what were your duties?—A. Yeoman. 

Q.' Y’^ou were a yoeman?—A. Yes, sir. 

Q. And were you supposed to be on duty there?—A. No, sir. 

Q. Were you supposed to be on duty there every working day?—A. No, sir. 

Q. Where did you live?—A. No. 895 Huntington Avenue, Roxbury. 

Q. Did you live there then?—^A. No, sir. 

Q. You live there now?—A. Yes, sir., 

Q. Where did you live then?—A. No. 72 Fisher Avenue, Roxbury. 

Q. Y^ou weren’t either a resident or voter in this congressional district?— 
A. No, sir. 

Q. You secured your post as yeoman through the influence of Mr. Kane, did 
vou?—A. No, sir. 

Q. What brought you in touch with Mr. Kane?—A. I have known him for 
several years. 

Q. Did you secure your position through the influence of Mr. Tague?—A. 
No, sir. 

Q. How long have you known him?—A. Several years. 

Q. Were either of them instrumental in any way in advancing you in the 
Navy?—^A. Advancing me? 



94 


TAGUE VS. FITZGERALD. 


Q. Yes?—A. I was never advanced. 

Q. You went in as a yoeman?—^A. Yes. 

Q. And you stayed a yoeman?—^A. Yes, sir. 

Q. Are you a yoeman now? —^A. Yes. 

Q. Are you discharged yet?—A. No. 

Q. Did you liave the right to take your uniform off that day?—A. I refuse 
to answer. 

Q. Why? 

Notary Beeman. I don’t think that is material. 

Mr. Callahan. Counsel can make an objection and the objection is noted. 
You are making an objection and you want it noted? 

Mr. O’Connell. Yes, sir. The man has answered his question. 

Mr. Callahan. I asked him why he refuses to answer. 

Notary Beeman. I don’t think the witness is bound to answer. 

Mr. O’Connell. Hurry the thing along. 

Mr. Callahan. This thing isn’t going to be hurried along. I am going to 
press for an answer and get it or know the reason why. 

Mr. O’Connell. I can not stop you and I don’t intend to stop you. 

Q. Why won’t you answer?—A. I refuse to answer. 

Q. Why do you refuse?—A. Refuse to give any reason. 

Q. Did you have a right to take your uniform off that day?—A. No, sir. 

Q. And that is a naval regulation isn’t it?—A. What? 

Q. That you shall wear your uniform at all times?—A. Yes. 

Q. And in violation of that regulation you took the uniform off?—A. I refuse 
to answer. 

Q. You will admit that the naval regulations require that you wear your 
uniform each day?—A. I will. 

Q. And on that particular day to come down and do this work for Con¬ 
gressman Tague or his secretary, you took your uniform off?—A. I refuse to 
answer. 

Q. Will you say you didn’t do it?—A. No, sir. 

Q. That was the work you went down there to do wasn’t it, Mr. McCarthy?— 
A. What was that? 

Q. To challenge the votes of some names given you by Mr. Kane?—A. Yes. 

Q. And that was the reason you went down there, wasnt’ it?—A. Yes. 

Q. And if you didn’t go down there for that purpose that day, you would 
have gone to the Little Building, and you would have worn your uniform?— 
A. No, sir. 

Q. Where would you have gone?—A. I might have gone anywheres at all. 
Might have gone to a show. 

Q. You would have your uniform on?—A. I might have. 

Q. Wouldn’t you as a matter of fact?—A. As a matter of course, I would 
have. 

Q. Do you mean to tell me it has been your custom to take your uniform off 
any day that you chose?—A. No. 

Q. This was the only day, wasnt’ it?—A. I refuse to answer. 

Q. AVhy? 

Mr. O’Connell. He doesn’t need to answer. This is a wide open hearing. 

Notary Beeman. The witness must be protected. 

Mr. Callahan. I hope you will insist on protecting the witnesses all through 
this hearing and no witness need fear anything from me, I am simply asking 
orderly and proper questions. 

Q. Now as a matter of fact, Mr. McCarthy, that was the reason you took your 
uniform off?—A. I refuse to answer. 

Q. You will admit that you have violated a naval regulation?—A. I will 
admit it. 

Mr. O’CoNNELT.. That has been asked twice. I will advise witness that he 
doesn’t need to answer questions more than once, and I think it is about time 
for his honor to tell IMr. Callahan that he can not ask a mtness the same 
question more than once, and also tell the witness that he doesn’t need to 
answer the same question more than once. 

Mr. Callahan. I also suggest to your honor that if Mr. O’Connell will ob¬ 
serve that himself I shall gladly do so. That is my friend’s greatest failing, 
asking a question more than once. 

Q. Mr. McCarthy, you didn’t know any men in that precinct, did you?—A. 
Yes. 

Q. You did know some?—A. Surely. 


TAGUE VS. FITZGERALD. 


95 


a voters in that precinct?—A. I probably knew quite 

o tliem?— a. I probably knew of them going to school, 

g. Who?—A. Joseph Lomasney. 

ticuial'Trednet •—A. I didn't know any In that par- 

n/irl "Ja" n'''* *’*'^.^'*''5* where you went? If you won’t pay any attention 

answer. Can you name any one person in that 
precinct that you know?—A. No. 

(i. And when you went down there to challenge votes you were going to 
challenge votes of men whom you did not know?—A. Yes. 

g. And if they came in to the booth you wouldnt’ know who they were*^— 

A. No. .7 • 

(^. And no description of these voters had been given to you had there‘s— 

A. No. ■ * 

g. You simply were going to challenge all the names that Mr. Kane gave 
you and you didn’t know why you were going to challenge them?—A. No. 

Q* You didn t know of your own knowledge why you should have challenged 
any one of those voters, did you?—A. I believed Mr. Kane implicitly. 

g. Of your own knowledge did you know of one reason why you should have 
challenged these voters?—-A. Yes. 

Q. What was that?—A, Illegal registration. 

Q. Give me the name of one man you challenged and tell me why you chal¬ 
lenged him?—A. One man’s name was either Kane or Walsh. 

g. You challenged a man named Kane?—A. I think that was the name, 
g. Are you more sure of Walsh?—A. No. 
g. You are not sure of either?—A. No. 

Q. Let us take Kane. You didn’t know Kane and never saw him before.— 
A. No. 


Q. Didn’t know whether he was black or white?—A. No. 

g. You didn’t know whether he lived in that ward or any other, of your own 
knowledge?—A. No. 

Q. You didn’t know whether he had been registered in the ward illegally or 
not, did you? 

]Mr. O’Connell. He has answered that question once before. 

Q. You didn’t know of your own knowledge that he was registered illegally 
in that ward, did you?—A. Of my own knowledge, no. 

Q. When you challenge a voter, what do you do, Mr. McCarthy?—A. When 
you challenge him? 

Q. Yes.—A. Say, I challenge the vote of such a name, with his address, on 
the ground of illegal registration. 

Q. What else do you do?—A. That is about all you have to do. 

Q. Is that all you have to do?—A. That is about it. 

* Q. Is that all you did?—A. No. 

g. Tell me all you did in challenging a vote?—A. The ballot was going to be 
cast and the warden would hold it up- 

Q. Tell me all you did.—A. That is all I did. 

Q. I understand all you did was say, “ I challenge this man’s vote because 
he does not live at the place he says?”—A. That is about it. 

Q. W^ell, did you do anything else?—^A. No. 

g. Didn’t you have to sign the ballot yourself?—A. They wouldn’t accept 
any of the challenge. 

Q. Who was that?—A. The warden and the officers. 

Q. Let us take the case of Kane; did you write your name on Kane’s bal¬ 
lot?—A. No, sir; it was not accepted. I did not get a chance, anyway. 

Q. You didn’t actually challenge Mr. fvane’s vote? You simply said, “ I chal¬ 
lenge,” but you didn’t go through the formalities?—A. Couldn’t, for it was not 
accepted. 

Q. There was a policeman there, wasn’t there?—A. Yes. 

Q. Two policemen there?—A. I believe there was. 

Q. And those two policemen were there when you challenged that vote, 
weren’t they?—A. Yes. 

Q. When the warden wouldn’t let you go through the other formalities, 
didn’t you say anything to the police officer?—A. One police officer was stand¬ 
ing away up at the door. 

Q. You didn’t say anything to the police officer?—A. Conditions made it im¬ 
possible. 



96 


TAGUE VS. FITZGERALD. 


Q. AVill you please answer my question? Did you or didn’t you? 

Mr. O’Connell. I think he has answered the question. 

Mr. Callahan. The young man is all right. Let him answer the question. 
Mr. O’Connell. You bet he is all right. 

Q. Go ahead, young man, and tell us. Did you appeal to the police officer?— 
A. I did not. 

Q. Why didn’t you?—A. Because I couldn’t get near enough to him. 

Q. There were two of them there?—A. One was outside there and one 
inside. 

Mr. O’Connell. Please give the witness a chance to answer without inter¬ 
rupting. 

Notary Bekman. Have you answered the question as to why you didn’t? 

A. One was inside and the other was at the head of the stairs. I was afraid 
to go to the head of the stairs, because some of the men who were lined up 
against the wall would take a punch at me. 

Q. At any time this morning did those men say or do anything to you?—■ 
A. Yes. 

Q. Weren’t you inside all the time?—A. Yes. 

Q. Prom 6 o’clock ?^—A. No. 

Q. What time did you get there?—A. Half past 9 or 10 o’clock. 

Q. And what time did you leave there?—A. Very shortly after, perhaps an 
hour afterwards. 

Q. You were inside all the time, weren’t you?—A. Y^es. 

Q. The men in the corridor said nothing to you?—A. Yes; they did. 

Q. From the corridor?—A. No; it is all one cellar down there. The cellar 
of the schoolhouse. 

Q. I thought you spoke about the corridor?—A. I said nothing about a 
corridor. 

Q. What did you say about the men who were lined up?—A. About the 
wall. 

Q. Let us go back a little. You said when you got there first with this 
list of names you went to get near the rail, as you call it?—A. Yes. 

Q. And somebody protested?—A. Yes, sir. 

Q. And they appealed to the police officer and you moved away?—A. They 
didn’t appeal to the police officer. 

Q. Did the police officer came and move you away?—A. No, sir. 

Q. The warden moved you away?—A. He requested me to move. 

Q. And you did move?—A. Yes. 

Q. There was someone of this gang, this o^ier gang there, you said, was 
keeping a list?—A. I didn’t say “ gang.” 

Q. There was somebody keeping a list for somebody else?—A. There was. 

Q. And you said you knew him?—A. I did not. 

Q. You said you knew he was one of the opposition?—A. He was. 

Q. How did you know that?—A. Because he was the one who objected to 
my standing there at the rail. 

Q. And then you objected to him, didn’t you?—A. No. 

Q. Somebody objected to him?—A. Not to him. 

Q. He was moved l)ack, wasn’t he?—A. No, sir. 

Q. Didn’t you tell your attorney a few minutes ago that he was moved back 
three feet?—^A. Not that man you refer to. 

Q. What man was moved back?—A. The man who took the check list from 
the man who objected to my standing at the rail. 

Q. He was taking the other man’s place?—A. Yes. 

Q. And then he was moved back?—A. That is it. 

Q. You weren’t struck there, were you?—A. Where? 

Q. In that voting place?—A. I was not struck a blow; no. 

Q. You say somebody tried to grab your check list?—A. Not somebody; this 
Lee man. 

Q. This man named Lee?—A. Yes. 

Q. Was that the man who was arrested?—A. Yes. 

Q. And when you were coming down the street on coming out of the station 
house somebody came from behind and struck you?—A. Yes. 

Q. You didn’t know who that was?—A. I did know a day afterwards. I 
know he is called "Shingers. I think he only came down there a short time- 
before the election. 

Q. Did you ever find out the name of the man who struck you?—A. I did. 

Q. Did you complain to the police?—A. No. 


TAGUE VS. FITZGERALD. 


97 


(>. Did you ever tell anybody that it was that man?—A. Yes 
Q. ion never went to the police station?—A. No, sir. 

(>. Never told a police officer?—A. No. 

Q. Never had a mark actually, did you?—A. No. 

n (lid he strike you?—A. In the jaw [pointing to the chin]. It was 

a little hit sore, hut was not blackened up. 

Q. Never any mark there?—A. No. 

Q. Y’ou are sure this wasn’t an imaginarv hlow*^—A I 
as you would probably. 

Q Were you instructe<l as to the formalities in challenging a vote?—A. I was 
Q. Ly whom?—A. Somebody there in the office, in Mr. Kane’s office. 

(}. \ou now say that you didn’t ai tually challenge any vote?—A. I did not. 

Redirect by Mr. O’Connell ; 


know when I am hit. 


Q. You went so far as you could in your challenge?—A. I did. 

Q. You called the warden’s attention to the fact that the man was illegally 
regis^tered ^ind^ you^desired as a citizen to protest and challenge his right to 

Q. And this warden refused to accept your challenge?—A. Yes. 

Q. And you repeated that four or five times?—A. Yes. 

Q. And then this affair took place by which you were taken out of the ward¬ 
room by the police officer at the police officer’s warning to you that you had 
better come out rather than be assaulted?—A. Yes. 


Rebuttal by Mr. Callahan : 

Q. This is election day?—A. Yes. 

Q. And ward 5, what precinct?—A. P’our, on Norman Street. 

Q. Known as the Washington School?—A. Yes, sir. 

James Joseph McCarthy. 


JOHN JOSEPH CALLAHAN, sworn. 


Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. John Joseph Callahan. 

Q. Where do you live?—A. No. 38 East Dedham Street. 

Your position?—A. Salesman. 

Q. You vote in ward 5?—A. Ward 6. 

Q. Were you present at the hearing before the ballot law commission?—A. 
Yes, sir. 

Q. Describe the situation as it was permitted to prevail outside the doors of 
the Ballot Law Commission while the hearings were going on in reference to the 
protest of Congressman Tague against Mr. Fitzgerald’s name going on the ballot 
as Democratic nominee?—A. I was sitting in the room where the Ballot Law 
Commission was sitting and I saw a young man named Stone come in. He said 
he had been assaulted by someone on the outside. Mr. Goodwin went to the 
door and four or five young men who looked to me like hard characters sur¬ 
rounded Mr. Goodwin. I immediately stepped over there and at the time Sen¬ 
ator Fitzgerald came up to me and said “ You will get your block knocked off 
if you interfere in this case.” He used quite a lot of profanity, and I walked 
back to my seat. 

Q. His manner toward you was threatening?—A. Was very threatening, in¬ 
deed. 

’ Q. Describe what he said?—A. Several of his young friends came on one side 
of me and I stepped back toward the wall. 

Q. Tell us what he said?—A. Mr. Fitzgerald used quite a lot of profanity to 
me in reference to my testifying at the case. 

Q. What did he call you?—A. He said'I was an informer. 

Q. And did he say what would happen to you?—A. Said I would get my 
block knocked off if I testified at the hearing. 

Q. How many men were gathered around outside of the hearing room door?— 
A. I should say there was probably—might have been 35 or 40 stooled outside 
the door, and around the corridor. 

Q. So that a witness had to pass this group of men?—A. Yes. 

Q. Whether or not they were talking or addressing those those who came 
into the room and stopping them?—A. Yes, sir. 

Q. Did you see Mr. Stone when he came into the room?—A. Yes. 


122575—19-7 



98 


TAGUE VS. FITZGERALD. 


Q. Describe the condition of his face and his personal appearance?—A. He 
was bleeding at the mouth when he came into the room and he had his hand np 
to his face with his handkerchief. 

Q. AVether or not his clothes were torn?—A. I didn’t notice. 

Q. Did you hear me protest to the commission and have them listen to his 
story?—A. I heard yon say that Mr. Stone had been assaulted and then they 
sent for the State police. 

Q. That was the following day?—A. Yes. 

Q. But they did nothing that night?—A. Not to my knowledge. 

Q. Did you know the political conditions existing in AVard 6 on the day of 
the primaries? AA^ere you familiar with the situation there?—A. Somewhat; 
yes. 

Q. Did you know the Tommy Donovan referred to in the testimony of Mr. 
-, yesterday?—A. He is president of the Pelham Club, a political organiza¬ 
tion in the South End. 

Q. AATio were they supporting for Congress?—A. Mr. .John T. Fitzgerald. 

(>. Tommy Donovan is the leader of the Pelham Club?—A. eYs, sir; of that 
organization. 

Q. You knew that Air. Donovan presided at some of Air. Fitzgerald’s rallies 
in that ward?—A, Yes, sir. 

Cross-examination : 

Q. As a matter of fact, you didn’t see any disorder in the corridor there in 
the statehouse, did you?—Yes; I did. 

Q. You won’t say that you saw any witnesses prevented from coming there, 
would you?—A. I saw several witnesses stopped as they entered. 

Q. Can you tell us the name of' any one witness prevented from going 
there?—A, I could not tell you the names, but the gentleman who stopped one 
of the witnesses was an Italian fellow. 

Q. He spoke to him and then the witness proceeded on his way into the 
hearing?—A. Yes, sir. 

Q. You were a sort of a lookout there for Air. Tague in the corridor?—A. No, 

Q. AA'ere you out there at all?-—A. To have a smoke while waiting to be 
called. 

Q. Air. Kane was there a great deal with you?—A, Probably one day Air. 
Kane was there with me. 

Q. And I was there with you both days myself?—A. You were there with 
me one day. 

Q. And we stood on the steps talking things. over in a casual sort of a 
way?—A. Yes. 

Q. There was no disorder there then?—A. Not that day because the State 
police was there. 

Q. Except for the incident of young Stone, you do not know of any other dis¬ 
order that was there, do you?—A. Other than Air. Fitzgerald threatening 
me; no. 

Q. Air. Fitzgerald threatened you, yon say?—A. Yes. 

Q. Outside of those two incidents, you can not recall any disorder there 
whatever, can you?—A. No; other than having them stop witnesses as they 
came in. 

Q. What do you mean—do you mean that somebody went up and spoke with 
the men coming in?—A. Yes. 

Q. Didn’t put hands on them?—^A. No. 

Q. He didn’t try to prevent him physically from going into the room?—A. No. 

Q. And you can not say that he even tried to persuade the men from going 
into the room, can you?—A. No. 

Q. Didn’t hear any of the conversation?—A. No. 

Q. So that for all you can say he might have said, “ How do you do, are you 
here as a witness? ” and then he proceeded into the room so far as you know?— 
A. Yes. 

Q. As long as you are familiar with the conditions in ward 6 on primary day, 
I want you to tell us whether or not there was a very active and very bitter 
contest for House of Representatives?—A. No; I wouldn’t say it was a bitter 
contest. 

Q. It was a lively contest?—A. No; I wouldn’t call it a lively contest. 

Q. There were 12 candidates, weren’t there?—A. Twelve candidates; yes. 

Q. And six or seven of them were very active old-time campaigners?—A. 
You wouldn’t call it that. Air. Callahan. 



TAGUE VS. FITZGEKALD. 


99 


A. 


Q. The 
Yes. 


t\\o members of the legislature were candidates for renomination?— 


there were four or five other active opponents?—A. You wouldn’t 
call them active opponents because they had been out of the field and they 
weren t strong men. 


Q. As a matter of fact one of the men was defeated in that contest and 'a 
new member was nominated that day?—A. Yes. 

Q. You went around from booth to booth that day in ward Q, didn’t you?— 
A. les. j 

Q. And you noticed that at each booth they had precinct workers for these 
candidates for the legislature?—A. Yes. 

Q. And was there general activity at each one of these booths?—A. Yes. 

Q A lot of hustling and bustling to get men to vote for the candidates for 
the House of Hepresentatives, that is so, isn’t it?—A. I couLd not say that was 
so because I didn’t see a great deal of activity down about there. 

(). Do you mean to say that at those booths you didn’t see a great deal of 
hustling for the candidates for the legislature?-—A. Not as much as I have 
in previous .vears. 


Q. AMien can ,vou remember a more active contest in ward 6?—A. When .vou 
were a candidate for the legislature there was quite an active contest up there. 

Q. That was ward 9 and years ago?—A. That is the same ward. 

Q. Wasn’t this contest on election day—I had my excitement the night be¬ 
fore—but this election da.y, wasn’t it as a matter of fact a ver.v lively con¬ 
test?—A. If you could call it lively when three candidates were sitting in the 
precinct in the booth. 

Q. Three members of the legislature?—A. The three members who were as¬ 
piring to go to the legislature. Mr. Cray was a member of the legislature. 

Q. You saw Mr. Wassersug, did you?—A. I don’t know Mr. Wassersug. 

Q. Mr. Donovan was the active leader for Mr. Fitzgerald in that ward?— 
A. Yes. 


Q. Do you know this young man Rumsey who testified here the other day?—• 
A. No; I do not. 

Q. Was there anything else said to .vou, Mr. Callahan, besides what Mr. Fitz¬ 
gerald said to you during all the days you were up at the hearing?—A. Other 
insulting remarks would be passed as I passed through the corridor if I went 
out for a smoke. 

Q. You don’t know any particular person who did that?—A. No; I don’t 
know who they were. 

Q. How old are you?—A. Thirty-one, sir. 

Q. And what is your height?—A. About 5 feet 10^ inches. 

Q. How much do you weigh?—A. Two hundred and five pounds. 

Q. You weren’t afraid of any man who was up there?—A. I am not afraid 
of any individual man, hut when there are a lot of thugs in the neighborhood, 
you are somewhat afraid. 


Redirect examination by Mr. O’Connell: 

Q. Did these men appear to be a lot of thugs?—A. A young man from the 
west end who worked with me on State Street, I don’t know his name, said 
three of them were ex-pugilists. 

John Joseph Callahan. 


HERBERT H. BOYNTON, sworn-: • 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Herbert H. Boynton. 

Q. You are the assistant secretary of state of the Commonwealth of Massa¬ 
chusetts?—A. I am. «• 

Q. And as such assistant secretary, your particular duties are those of attend¬ 
ing to the election laws of the Commonwealth of Massachusetts?—A. Yes. 

Q. As representing the secretary of the State of Massachusetts, did you send 
to the board of election commissioners of the city of Boston a list of those men 
who had been inducted into the Army?—A. The term induction was not ap¬ 
plied to the first list. We sent a list of all whom we knew were in the military 
or naval service. 

Q. Flave you the letter that accompanied that communication?—A. I have. 

Mr. O’Connell. I offer this (letter). This was accompanying it, Mr. Calla¬ 
han, a blank to be filled out in accordance with the terms of the letter. 


100 


TAGUE VS. EITZGERALD. 


(Letter HIMrked “Exhibit 17.” Blank acconipanyinfj: letter marked “Exhibit 
17-A.” Letter (Exhibit 17) read by Mr. O’Connell.) 

Q. This is the blank to be sijjned and sent back?—A. Yes, sir. 

Q. Were various lists sent to the election commissioners of the city of Bos¬ 
ton?—A. Yes. 

Q. And they were kept informed as to the men who had been taken into the 
Army or Navy?—A. So far as we received them from The Adjutant General. 

Q. Have you any.idea how many times you sent these communications?—A. 
Only one communication. The list followed as fast as we could make them up. 
The lists were made up in the form of naval service, Army service, naval re¬ 
serve, and National Guard. 

Q. So that the election commissioners of the city of Boston had a list 0ven 
to them notifying them who had been called into the Army, or into the Navy, 
for their information?—A. Y^es, sir. 

Q. And they took that list or lists and after a time returned them to you?— 
A. Yes. 

Q. And you have in your office the lists returned to you?—A. We have. 

Q. Checked off by the election commissioners of the city of Boston for your 
office?—A. Yes. 

Q. Giving them at the same opportunity to make the same checking in their 
office?—A. Yes, sir. 

Q. And there could be no excuse for their not- 

Mr. Callahan. This has gone far enough. Why don’t you let the witness 
testify? You are arguing, he isn’t testifying. Let the judge pass on it. 

Notary Berman. Proceed, gentlemen. 

Q. Now, Mr. Boynton, do you know how many names were sent to the elec¬ 
tion commissioners of the city of Boston?—A. From this list? 

Q. Yes.—A. No. 

(5- Has it been estimated?—A. No. 

Q. Are you able to estimate it at all?—A. No. 

Q. But it is a great many hundreds?—A. I couldn’t say. 

Mr. Callahan. We are not concerned with the whole city of Boston. 

Mr. O’Connell. Your district was just as patriotic as any in Boston? There 
wasn’t any district in the country more patriotic than that. 

Q. You couldn’t approximate it now, could you?—A. No. 

C). Have you a sample of such a list as was sent out? 

(Witness produces sample list.) 

Q. This being page 1 indicated that there were 28 names or more on the list: 
were the other papers about the same size?—A. They were the same size paper, 
I couldn’t tell how many names. 

]\Ir. Callahan. What list do you refer to? 

Mr. O’Connell. List I was showing to the witness that he was just showing 
to me. I suppose you would accept the fact that William Bennett’ and Borset, 
Bullfinch Street, and William Brown, of Marginal Street, and that there are 
two or three here from East Boston. East Boston is in your district and 
Charlestown is in your district. 

Mr. Callahan. Please give the number of names in our district? 

Q. That is an official paper belonging to the secretary of state?—A. Yes. 

Q. You don’t want to leave those papers here? Would it be best to get—what 
would be the most convenient form. Mr. Boynton, to have that? 

Mr. Callahan. I submit that the witness can not advise counsel how he 
can get in evidence. 

Q. What would be the most convenient form to have those names presented 
so that it would call for the least criticism and from tlie representative of Mr. 
Fitzgerald? 

Mr. Callahan. I object to that characterization. 

Mr. O’Connell. Well, cross it out. I would like to introduce that whole list 
and with that in mind- 

Witness. May I make a statement? 

Mr. Callahan. I would suggest that you answer counsel’s questions. 

AVitness. I only hoped to stop the question of furnishing a copy on the 
ground that the secretary’s office is required to furnish copies of every official 
record in his possession, a record which is required by law. This was not re¬ 
quired by law. It was a matter of convenience we sent out to discover how 
many persons we should send applications to. Consequently, I question the 
right to furnish what we would consider authenticated copies of those papers 




TAGUE VS. FITZGEKALD. 


101 


circumstances we had better ask vou to bring in all those 
my «4Vu t°o a“; of whatever use^Mr. £l!n“Z 

we are concerS iL f' “‘■‘'e':‘l^at om- record „,ay be clear so far as 

also ask TOiT to bri“ dmt an n ‘ ““d I 

.'n'r I '^vl^:bSS^’Tf vrwi^ 

reco?!ir;„rr' 0^,i;t^;'e'”;:!Vb2Xd^ »- 

X X® any offldaf oTm^CommoSweXh' ^ Prove 

fail powe?™L“u ireyou trbrm"''"'"“‘' ‘»e notary 

Mr. Callahan. What is this, a joy feast? 

Q. M e will put that aside for the moment and see if \ve can not come to snnic^ 
agieement with which it will be easy for everybody to cooperate There wns -i 

resnlX"‘“°r'harLter of tL etecifoXX of last year ftal 
esulted in disarranging the election customs that had prevailed in \he past 

rullLi in? "'•’at it was and wliat itX 

geXnm™rs\o, Mn'poXto '' “ 

A. No. 


Q. As a result of the passing of the absentee voting law by the legislature last 
year several changes were brought about in the dates of filing papers for candi¬ 
dacy for office, was there not?—A. Yes. 

Q. \yill you please explain what effect those changes had? 
law I submit that the witness can only testify as to what is the 

A. If you will specify the change to which you refer, I will be glad to give it 
to you, but you are talking about the whole subject of the law. 

’ (j. Tell us in brief, first, what the absentee voting law was’ 

Mr. Callahan. Can you tell us that, Mr. Bovnton’ 

A. No. . 

-j. then, and we will see?—A. I will submit to the counsel the law 

itself. 

Mr. Callahan. I would suggest also that counsel could read it if vou do not 
like reading it. 


Q. AVhat is the chapter of this absentee voting law? AVhat is its designa¬ 
tion?—A. Chapter 293 as amended by 295, acts of 1918. 

Q. IVhat part of the law did it amend, particularly so far as candidacies were 
concerned and the filing of papers for candidacy?—A. I can not answer that 
question, sir. 

Q. Let me look at the law. [IVitness passes pamphlet to Mr, O’Connell.] 

yir. O’Connell. At this time we will introduce this chapter. 

(Said chapter marked “Exhibit 18.”) 

Mr. O’Connell. I now introduce section 33, which reads as follows: 

“Chapter 835 of the acts of 1913 is hereby amended by striking out section 
203 and substituting therefor the following: 

“ ‘Sec. 203. Certificates of nomination and nomination papers of all candidates 
for offices to be filled by voters of the Commonwealth and the Ilepresentatives in 
Congress shall be filed on or before the sixth Thursday preceding the day of 
election; but if there is a special election to fill any State office, certificates of 
nomination shall be filed on or before the twelth day, and nomination papers on 
or before the eleventh day, preceding the date of such election, (‘tc.’ ” 

(Said section marked “Exhibit 19.”) 

Q. Can you explain briefly the effect of this amendment on the law as it 
existed prior to that?—A. Better read the section there. 

Notary Beeman. Can you answer the question, or can’t you? 


102 


TAGtJE VS.- EITZGEKALD. 


Witness. No; it is a question of law, and I do not think it is a question 
of interrogation. 

Q. Prior to the passing of this law when must a nomination paper be filed for 
an independent candidate?—A. I have given him the law, and he is able to 
read it. 

Q. Don’t you know?—A. It is not the law at the present time. 

Q. I am asking .you what was the law prior to that?—A. I am submitting to 
you the law prior to that. 

Notary Beeman. I think the witness is bound to answer to the best of his 
knowledge. If you don’t know, you can say you don’t know. 

Mr. Callahan. This witness is only here to testify as to facts. He does not 
qualify as an expert of law and he is not required to testify as to the law. 

Notary Berman. The witness is hound to answer questions that are asked 
of him to the best of his knowledge. 

Witness. I will say no, 

(}. You don’t know the last day for filing nomination papers for independent 
candidates?—A, I don’t say that. 

Q. Do you know what was the last day for filing papers for State or national 
offices prior to that amendment?—A. I do know. 

Q. What day was it?—A. I submitted the Taw to you. 

Q. Won’t you tell us the date in order that the record may have it?—A. In 
order that flie record may have it? 

Q. Yes?—A. Section 203, of chapter 885, which is amended, provides that 
nomination papers shall be filed on or before the fourth Monday preceding the 
day of the election. 

Q. And that would have made it some time in October, necessarily?—A. This 
is all a matter of law, and I can not understand your ruling that I should read 
the law and answer these questions. 

Q. This is all being typed for the use of the congressional commission.—A. 
Then submit them a certified copy of the law. 

Q. I shall have to do it according to the way the law wants it don«, and not 
according to your wishes. I am helpless in this matter and so are you. So 
that the congressional committee may understand the situation, I would like 
to have you help us as much as you can. 

Mr. Callahan. There are statutes and regulations gotten out by the courts 
of the State, all of which are official, and all of which can be submitted here 
in the proper way. We don’t want this man’s opinion. He doesn’t have to 
testify to anything- 

Notary Berman. The witness must answer questions asked of him. If he * 
can not answer he can say so. 

Mr. Callahan. He has ilo right to ask him to give opinion evidence. 

Mr. fy’CoNNELL. I am not asking him for any opinion. If you will proceed 
Mr, Boynton. 

Q. Repeating in substance, the question is this: The effect of the statute, 
which you have just answered, which existed prior to the passage of this 
absentee voting law, was that an Independent candidate for State or national 
offices could be obtained by filing papers sometime in October, isn’t that so? 

Mr. Callahan. I object to that, and it can be shown by the official docu¬ 
ments and the law. I pray your honor’s judgment. 

Notary Berman. Note INIr. Callahan’s objection, and you may answer the 
question, 

A. I don’t think it is within the jurisdiction of this court to ask me opin¬ 
ions on law or as to the law itself, where it appears as a law. It can be sub¬ 
mitted as evidence by certified copies. 

Notary Berman. Y"ou are asked to answer the questions Mr. O'Connell asks 
of you. If you can not answer it, don’t answer it. 

Mr. Callahan. Where it relates to the effect of the law- 

Notary Berman. The witness can say he can not answer it, or he can answer 
it. Mr. O’Connell is entitled to ask the question. 

Q. Mr. Boynton, in order to help you out of this dilemma, which you seem to 
have gotten jourself into by the advice of Mr. Callahan and your misunder¬ 
standing, let me ask you this question: 

Notary Berman, You withdraw the former question? 

Mr. O’Connell. For the time being. 

Q. Prior to the passage of this absentee voting law, could a man who wished 
to be an independent candidate for Congress file his papers sometime in 
October? 




TAGUE VS. FITZGERALD. 


103 


** « question of law and the wit- 


ness need not answer it. Yon 
Notary Berman. I think it 
can be. 

Oallahan. I sii^ijest it 
tliere and can be admitted as 
Mr. O’Connell. Please ask 


can j 2 :et it by the statutes themselves, 
is a fair question and ought to be answered 


if 


The statutes are 


law provides, but 


is open to the same objection, 
evidence. 

—- .- the witness to proceed. 

vMtness. T am perfectly willing to tell the date which the 
\\ lietlmr that would be in October or .July, I can not tell von. 

-iven^n certificate can be filed is 

^i\en in the la^^. The date yon can hnd in the calendar 

I suggest that it be read into the record. 

nxESS. Cdiapter 885, of the acts of 1913, section 203, prior to its amend¬ 
ment by chapter 293, acts of 1918. ainenn 

st-itiite"'^^ according to the statute?—A. According to which 


C}. M liicli jon have jnst read?—A. This is the original law 

i). What is the date, please?—A. Date of the act? 

acts 19^^^ which the papers must be filed?—A. Chapter 835, 

t eno’ngh to give ns the date when the papers should be 

tiled?—A. I understood yon wanted me to read this section. 

Q. All right; do it that way if yon wish. 

Mr. Callah.\n. Isn’t that a matter of computation? 

A. Absolutely. Nomination i>;ipers of all candidates for offices to be filled 
at a State election shall be filed on the fourth Monday preceding the election. 

Q. State elections in Massachusetts are always held on the first Tuesday in 
November?—A. After the first Monday. 

(j. And on this last year the day of onr State election was November 5—A 
State election was November 5. 

Q. So that if there had been no change in the law as stated in that absentee 
voting law yon have quoted, the last day for filing papers for independent can¬ 
didates for Congress would have been the fourth Monday prior to November 
5?—A, The fourth IVIonday prior to November 5. 

Q. AVhich would be October 7? I show yon a calendar?—A. Do I need to 
make that calculation. 

Notary Breman. Yonr computation, Sir. O’Connell, is jnst as good as the 
^citnesses. 

Q. For the purpose of the record, I want to get him to tell me. Tell him to 
answer it, or not. 

Notary Berman. Yon may pnt it in. 

Q. Is it right that it would be October 7 under the law last year? 

Mr. Callahan. I don’t think yon have to say whether his* computation is 
cori-ect oi* not. 

Mr. O’Connell. And I don’t think yon have to take any law from Mr. Calla¬ 
han. I don’t think yon have to look at Mr. Callahan to get any information 
as to whether yon need to answer or not. Yon seem to be affected by Mr. 
Callahan’s telling yon what the law is. His Honor will tell yon what the 
law is. 

MTtne.ss. Mr. (’allahan is in front of me the same as yon are. 

(}. But yon look at him every time before yon answer, and if yon don’t care 
to say to me that my statement that the fourth Monday before November 5 of 
3918, was October 7. is correct, I would like to know it. Do yon or do yon not 
care to say that?—A. I don’t care to say i,t. 

Q. Then I call yonr attention to the fact at this time that according to the 
calendar of 1918, the fourth IMonday prior to November 5, election day, was 
Octobei’ 7. Now, Mr. Boynton, what was the last date this year under the law 
for filing names for certification for independent candidates for Congress? 

Mr. Callahan. That I submit is a part of the law and ought to be read in. 

Notary Berman. Yon may answer that question. 

A. That is a matter of record and yon have that. The last day for filing with 
the secretary of the Commonwealth of candidates was September 26, being the 
sixth Thursday before the day of election as required by law. 

Q. And names that are furnished to yon for certification must be certified 
by the election commissionsers?—A. Brior to that time. 



104 


TAGUE VS. FITZGERALD. 


Q. How many days prior to that time?—A. .Just prior to that time. Tliey 
can tile papers immediately upon their being’ certitied. Yon are confused in 
your questions- 

Q. No; I am not either. This card, being Exhibit 11, is one issued by your 
office?—A. l"es. 

Q. And that states as follows: The last day for tiling nomination papers in 
State elections for certificates of names with election commissioners in Boston 
or registrars of voters in other cities and towns, so that the last day in which 
a man could furnish papers to he certitied for an independent candidate in com¬ 
pliance with the law was on September 20?—A. According to the calendar, yes. 

Ch According to the slii) issued by your office?—A. I am speaking of that as 
the calendar. 

Q. This political calendar issued by the office of the secretary of state?—A. 
Yes. 

Q. And the primary day last year was September 24?—A. Y>s; the 24th. 

Q. So the effect of the absentee voting law was that if a man wished to be an 
independent candidate for Congress, he would have to file his papers for certifi¬ 
cation on or before September 20? 

Mr. Callahan. I object to that. It is an exhibit. The thing speaks for 
itself. 

Mr. O'Connell. Will you please ask him to answer that?—A. According to 
the calendar, yes. 

Q. And according to the law. This calendar is your preparation, a conden¬ 
sation of the election laws as they prevailed last year? 

iMr. Callahan. It is nothing like a condensation of the law. I submit now 
here and I want it to go on the record. I want you to understand it, Mr. Boyn¬ 
ton and Mr. O’Connell, that the attorney here sitting for me has no right to 
compel a witness to answer. He is sitting here simply to take testimony and 
sign it. That is the thing you insisted on the preceding days and I am going 
to insist upon it now. 

Notary Bekman. I want it distinctly understood by Mr. Callahan and Mr. 
O’Connell that such rules as I desire to make will be made according to the 
j)owers vested in me, and Mr. Callahan has no right to make the statement as 
to what my powers are. You may proceed. 

A. Y"es, sir. 

Q. Coming back, IVIr. Boynton, to those lists of names sent by your office to 
the election commissioners of Boston of the names of men in the Army and 
Navy, after they had been returned to you did Commissioner Murphy of the 
Boston election commission call on you either by telephone or otherwise to 
let him have the use of that list again? 

Mr. Callahan. I object to that. 

Notary Berman. You may answer it if you know. 

A. I don’t know. 

Q. Did anybody representing the Boston election commission do so?—A. Call 
on me? 

Q. Oi- telephone to you?—A. I can not answer as to a telephone communica¬ 
tion. 

Q. By that what do you mean?—A. That it would he impossible for me to 
recognize the person at the other end of the phone. 

(,). Did somebody representing themselves to be Commissioner IMurphy of 
the Boston election commission phone to you and ask yo\i if you could let him 
have that list? 

Mr. Callah.-vn. I object to that. 

Notary Berman. You may answer that question. 

A. Y"es. 

Q. In reference to the furnishing of ballots for the Commonwealth of Massa¬ 
chusetts to be used on election day, in order that the record may be understood, 
the law requires that all ballots must be prepared under the direction of the 
secretary of state and furnished by him to the various cities and towns for 
l)rimaries and elections, does it not?—A. Yes. 

(}. And that was done last year, was it not?—A. Yes. 

Q. And nobody has any right to give orders to anybody for the printing of 
ballots unless the ordei- comes from the office of the secretary of state, signed 
either by the secretary or by yourself?—A. No. 

Q. Has anybody else any authority in the office other than you and the sec¬ 
retary of state?—A. No. 



TAGUE VS. FITZGERALD. 


105 


furnishing ballots for primary and election and the num- 
1 ^ ascertain to^ order is the result of a communication sent to vour 

tim flection commissioners and registrars of voters throughout 

the k^tate. A. IMay I answer that in my own way? 

provides that the secretary shall furnish such number 
deems necessary. In order to determine the proper number 
w ithout exceeding the number which will be actually used, w'e take tlie number 
votes, the number of persons enrolled, add the enrolled voters 
subtract it from the number of registered voters and add the 
ei o paity ballots furnished. The city of Boston informed us they had 
an excessive nmnher of ballots. Upon that we asked them to furnish us with 
r e number tlmt would be necessary and upon their certification we furnished 
the number which they requested. 

dui-iug primary election day, were you informed from the State 
punter that he had been requested by Commissioner Berlen, of Boston, to print 
lor him l.WO extra ballots for use in ward 5?—A. I was. 

Q. ihe State printer told you he would not do it without vour approval’—A 
1 ^ advice. 

you gave him the advice in accordance with the law?—A. I gave him 
to print the ballots and deliver them to the commissioners. 

^ know of a request prior to this when a request \vas made 

to anybody other than to your office? 

Mr. Callahan. I object. 

Notary Berman. If he knows. 

A. No; I don’t knowL 

Q. This was the first time an attempt was 
have ballots printed other than through the 
accordance wntli the law through your office? 

Ml. Callahan. He has said he didn’t know" of any other. 

Air. O Connell. Did you answer that? 

lou are forming conclusions on his other answer that are 


He asked 
Q. And 
the order 
Q. Did 


ever made to your knowledge to 
regular method of a request in 


Mr. Callahan. 
entirely improper. 
Mr. O’Connell. 


I don’t w'ant to mislead INIr. Boynton and I am sure I am 
not going to confuse him. 

Mr. Callahan. You have no right to make an inaccurate conclusion. 

Mr. O Connell. I will ask the question again and do it in order to clear 
up any doubt that might be in anyone’s mind. 

(). I’rior to this occasion of an attempt to get votes by the State printer on 
the primary of September 24, 1918, had you ever known at any other time of 
nny attempt to get votes v)r ballots printed, except through your office.—A. No. 

Q. Before leaving, I w’ould like to have some arrangements made by w-hich 
I can incorporate into this record the number of names of soldiers ami sailors 
and national guardsmen w"hose names had been furnished during the summer 
of 1918 to the election commissioners of the city of Boston. 

Mr. Callahan. I object to it. 

]\Ir. O’Connell. And if Mr. Callahan objects to that being done, I shall have 
to ask that those names be brought down by Mr. Boynton in order that the 
stenographers will copy them. I understand you object? 

Mr. Callahan. I don't know' as you have any right to compel Mr. Boynton 
to do that. 

Notary Berman. That is something you must decide for yourself—wdiat you 
w'ant done; prepare summons and proper requests. 

Mr. O’Connell. I wall ask you to come back here and bring w'ith you all 


papers- 

INlr. Callahan. It is not his duty- , 

Mr. O’Connell. It is his duty to' cooperate wdth everybody so w'e might 
have the right man sitting in Congress w'ho w'as elected. You are trying to 
tell this w'itness w'hat his duty is. 

A. We have two lists. We have a carbon list wiiich hasn’t the checked 
names. We have another list w'hich purports to be a list checked by the 
election commissioner, w'hich is signed. To facilitate matters if it is simply 
a question of the number of persons in the city of Boston in the service, the 
State will be willing to present to you for examination the carbon list wiiich 
W'as furnished. 

Q. That is perfectly satisfactory so far as I am concerned. Will you do 
tfiat?—A. Yes. 




106 


TAGUE VS. FITZGERALD. 


Mr. O’Connell. I will then offer that as an exhibit and so notify yon. 

Q. (Mr. (1\llahan). I understand that this list is not an official list?—A. 
Not being required by law. 

Questions by Mr. O'Connell : 

Q. Would your records show, Mr. Boynton, how long the various conmiis- 
sioners of the city of Bqston had keiff the names that were furnished?—A. I 
think not. 

Q. Or any letters accompanying the return of the names to you?—A. I 
think not. They were simply sent back by messenger. I might add that there 
was serious delay in returning those lists. 

Q. So they had those lists some time?—A. It interfered with the work 
ol the office for which we were somewhat criticized. 

, Cross examination by Mr. Callahan : 

Q. Are those lists under your iminediate personal superivsion?—A. No; 
they are under- 

Q. And when your department sent those lists to the election commissioner 
of Boston they weren’t sent over your signature, were they?—A. No. 

Q. Where did you get those lists of names from?—A. The Adjutant Cen- 
eral’s office. 

Q. And if there is any list that is official it would be a list provided by 
The Adjutant General’s office?—A. It seems to me so. 

Q. That is a political calendar which your department issues, and that 
is the one that was issued last year, 1918?—A. Yes. 

Q. And that contains dates arranged by you having charge of the election 
department of the secretary of state’s office?—A. Yes. 

Q. Will you indicate on that calendar, please, the date on which objections 
to the names of candidates were to be filed?—A. September 30, 5 p. m. 

Q. Do objections to the names of candidates come before you personally?— 
A. Yes. 

Q. And when an objection is made, Mr. Boynton, have you some stamp or 
process in the office so that the time is designated accurately when they are 
received ?—A. Yes, 

Q, And have you in your possession, or did you have in your possession be¬ 
fore the 30th of September, objections to the name of Mr. Fitzgei*ald filed 
either by Mr. Tague or his counsel?—A, I did not. 

Q. And if you did have those objections they would l)e filed and a stamp 
would be on them indicating that they were hied prior to o p. m, on that day?— 
A. Yes. 

Q. Do you recall. Mr. Boynton, after that day that either Mr. Tague or his 
counsel or both of them, and after the day required by law to hie those objec¬ 
tions, that either INIr. Tague or Mr. D’Connell, his attorney, or both of them 
came together to your office and hied objections to the name of Mr Fitzgerald, 
or handed you any objection to his name-—A. Yes. 

(}, Did you place a stamp on those objections, Mr. Boynton, indicating the 
time they were received?—A. I think not. 

Q. And will you please tell us why you didn’t put a stamp on those objec¬ 
tions?—A. The time having elapsed we accepted them and. as I told the parties 
who hied them, we would submit them to the ballot law commission for their 
decision. 

Q. So that as far as these objections were concerned, Mr. Boynton, they were 
hied after the time required by statute?—A. Yes, 

Q. Did you have any subsequent conversation with INIr. Tague or Mr. O'Con¬ 
nell, or any other conversation at that time relating to these objections?—A. 
You mean my statement to them at that time? I said, “ You realize this is too 
late to hie these objections,” and as I recall it the statement was made, ” We 
are simply doing this to i)rotect our rights.” I said, ” In that case, we wifi 
accept the pai>ers and submit them to the ballot law commission for their de¬ 
cision,” 

Q. Can you tell us about what date you received these objections from Mr. 
Tague and INIr. O’Conneir?—A. To my l)est memory, it was hied either October 
3 or 4. 

(}. And will you tell us now whether it was INIr, Tague or Mr. O'Connell, 
oi‘ both of them, that came with that petition'?—A. My recollection is that it 
was Mr. Tague and Mr, Goodwin. 

(Ten minutes recess.) 



Q. Is this ihe letter 
sinners? 


TAGUE VS-. FITZGERALD. 107 

>011 sent, Mr. Boynton?—A. To the election commis- 


Q. Yes.—A. Yes; it is. 

Q. Do I understand that 
letter. 


was a letter sent by you?—A. It 


was a circular 


Q. Exactly?—A. That is a copy of the circular. 

signature of Mr. Langtry—A. Mr. Langtry; yes. 
that is^ blankaccompanied that letter?—A Yes; 

Q. Mas there anything else that accompanied this letter’_A No 

Q. Just this letter and this blank list?—A. Yes. 

Q. I want to call your attention that in this letter it says: “Please cause 
to he checked olf on this list as received those names which appear upon your 
voting lists as Qualihed voters and return each list as soon as cheeked ” ‘ 

Now when you sent this letter and this blank you didn’t send a list’—A No 
1 ardon me I am suhmitting this list as an exhibit. This is not a list that was 
sent. \\ e sent four lists of names—the Army, Navy, Reserve Corps the Na¬ 
tional Guards. That was simply a form. 

Q. Then you didn’t send this?—A. Not a blank slip. \Ye sent a list of names 
submitted by The Adjutant General. 

Q. And you haven’t those lists here?—No. 

Q. Those lists are private lists, I understand? 

Air. G’Coxxelu. Nothing that the State has is private. 

Q. Those are private lists, aren’t they?^—A. That is considering they are not 
required by law, they are not official? 


Q. There is no law which requires you to keep those lists, and by the same 
token there is no law that requires the election commissionei’s to return those 
lists?—No. 

Ci. I suppose it was simply a matter of courtesy or accommodation?—A. Yes, 
sir. 

Q. M'hen you received the petition objecting to Mr. Fitzgerald’s nomination, 
did you turn that over immediately to the ballot law commission?—A I don’t 
recall. 


Q Did you have any consultation with the ballot law commission relating to 
it?—A. Over the phone, yes. 

Q. And did you state at that time to the ballot law commission that the 
petition had been filed late?- - A. Yes, 

Q. So that the ballot law commission t(K)k this thing \ip knowing at the 
start that the petition had been filed late and not as required by the statute?— 
(No answer by witness.) 

(i. Mr. Boynton, have you a certificate of the supervisors appointed for elec¬ 
tion day in wards 5 and 6?—A. Yes. 

Q. Have you them with you?—A. Yes. 

Q. Alay I see the list for ward 6?—(Mr. Boynton produces list asked for.) 

Q. This is an official copy?—A. That is a certified copy. 

Q. And that is the seal of the Commonwealth and the signature of Mr. Lang¬ 
try?—A. Yes. 

Q. This contains the list of all the names in both wards of men who were ap¬ 
pointed as supervisors?—-A. It does. 

Q. Will you look at that list, please, and tell us whether or not you find the 
name of Cornelius Shea or Cornelius J. Shea?—A. I do not. 

Q. I would like to offer that in evidence and have it marked as an exhibit. 
You can leave this here?—A. Yes, sir. 

(List above referred to marked “ Exhibit 20.”) 

Q. Have you had or can you get readily, Mr.vBoynton, the statute under which 
supervisors are appointed?—A. Yes, sir. I have it right here. Page 81 you will 
find it, section 240, chapter 835, of acts of 1913. 

Q. And that statute gives the governor the right to appoint supervisors, and 
these supervisors are in addition to the regular election officers, aren’t they?—A. 
That is my understanding; yes. 

Q. Have you at hand the section of the statute, Mr. Boynton, that relates 
to the powers and duties of the ballot law commission?—A. Pages 71 and 72. 

Q. Section 205, Mr Boynton, relates to the power and authority of the com¬ 
mission?—A. Do you make that as a statement? 

Q. 1^011 can answer it, yes or no. Will you read that part of the statute, 
please, just for the record, beginning with “The board,” on page 71, section 


108 


TAGUE VS. FITZGERALD. 


20.'), down to here f indicatingj ?—A. I think the same objection is raised here 
that was raised at the time by Mr. O’Connell. 

Mr. Callahan. I will read it. 

“ The boards constituted in cities and towns may, at hearings on such objec¬ 
tions and questions, summon witnesses, administer oaths, and require the pro¬ 
duction of books and papers. Witnesses shall be summoned in the same manner, 
subject to the same fees, and be subject to the same penalties for default as 
witnesses before the superior court. A summons may be signed, and an oath 
may be administered by any member of the board, and the decision of a ma¬ 
jority of the members thereof shall be final.” 

Q. Have you in mind now, Mr. Boynton, at what time on election day or pri¬ 
mary day, rather, these 1,000 bollots were ordered?—^A. At approximately 2 
o’clock, between 2 and half past 2—after I returned from lunch. 

Q. Has it ever occurred in your experience before that extra ballots have 
been asked for on election day or primary day?—A. In the city of Boston or 
elsewhere ? 

Q. Elsewhere or in the city of Boston?—A. Yes, sir. 

Q. Frequently?—A. My best answer to that is when in cases where ballots 
had not been received and we were required to furnish extra ballots. 

Q. I mean additional ballots.—A. No; I don’t recall any cases of that. 

Redirect examination by Mr. O'Connell: 

Q. I want to call your attention at this time to that telephone conversation 
that a man representing himself to be Commissioner Murphy of the election 
board when he rung up asking for the use of those lists; will you give us the 
conversation? 

Mr. Callahan. I object to that. 

Notary Beeman. If you can remember the conversation, you may answer. 

Mr. Callahan. I object to that particularly- 

Notary Beeman. Note Mr. Callahan’s objection. 

Mr. Callahan. Because the witness has said he doesn’t know and could not 
testify whether it was Mr. Murphy that called him up, and I want to object to 
it, too, because this is not rebuttal, and I do not think he has any right to put 
the question. 

Mr. O’Connell. It will be admitted later on that Mr. Murphy admitted the 
conversation. 

Q. Proceed now, Mr. Boynton.—A. I think, as I stated before, being a tele¬ 
phone conversation I do not wish to cause any imputation on the person who 
said it was so and so. 

Q. Qive us the conversation.—A. The imputation is there the same. Unless 
I could take oath of my best knowlege and belief that it was Mr. Murphy, it 
would be an imputation which would stand. 

Q. Please give us the conversation. 

Mr. Callahan. He has told you he doesn’t want to give it. 

Notary Beeman. You are asked to give the conversation with this man who 
said he was Mr. Murphy. It won’t effect Mr. Murphy if it wasn’t Mr. Murphy. 
The question may be answered. 

Mr. Callahan. Your powers of attestation are going pretty far. You have 
no right to instruct the witness. Witness can do whatever he chooses. 

Q. Proceed, Mr. Boynton.—A. My recollection is this: I had a call on the 
telephone and was informed it was Commissioner Murphy asking me if I would 
not furnish to him a list of the names which they had certified. I said, “ Do 
you want this for yourself? ” And he said, “ Yes.” I said, “ I can not furnish 
it.” He said, “ The commissioners want it.” I said “ The commissioners had 
ample time to make copies of the records; they are now in use, and we can not 
furnish you with the information.” 

Q. These lists are the li^ ts of soldiers and sailors sent by you to the election 
commissioners?—A. Yes. Ui)oii receiiff of considerable abuse I simply shut off 
the telephone, and the conversation closed. 

Q. .Ill: t one or two questions in reference to the sections called to your at¬ 
tention by Mr. Callahan. Calling your attention to section 201 of chapter S35 
of the acts of 1913, that section has not been changed, has it?—A. No, sir; it has 
not. 

Q. So that the last day for filing objections to a noinination was, and is 72 
hours-A. Week-day hours. 

Q. After the last day for filing the nomination papers?—A. Yes. 




TAGUE VS. FITZGERALD. 


109 



4?-x2i* ♦ « « kj V- y 1.1 i^^y liwtllo lilt/ ItlJ^L (.ItlV 

for tiling nomination papers. ^ 

Mr. O'Connell. Wait until I get tlirongli. 

Q. It is all contained in section 204 of chapter 835 of the acts of 1913 

5Ir. Callahan. We have had acfs of 1918 since then. 

Mr. O’Connell. I am talking ahoiit what the law \vas and is. 

IViTNEss. Yon say here it is 72 hours, week-day hours, and then voii sav it 
was the fourth Monday. 

-Ms a result of the delay of the Bo'-ton election commissioners in 
making known their finding of the recount asked by Mr. Tague of the primary 
election result, you didn’t receive in the secretary of state’s office any certifi¬ 
cation until after October 3?—A. That is, the number of votes cast? 

Q. Yes?—A. The number of votes cast for candidates for Congress in the 
tenth congressionai district, do you mean? [Witness produces paper.] 

Mr. O’Connell. I would like to introduce this. Anv oliiection to this being 
put in, Mr. Callahan? 

l\Ir. Callahan. No, put it in. 

Mr. O’Connell. It is an official record and you do not want it to go out of 
your possession and I will read this into the record, being admitted by Mr 
Callahan. 

Q. This is what, Mr. Boynton?—A. Return of votes. 

Q. Furnished to you by the election commissioners of the citv of Boston?—A. 
Yes. 

Q. And certifying the number of votes cast at the election?—A. Yes. 

Q. Have you got the primary there?—A. I haven’t the primary. 

Q. Is it in the office?—A. I think so. 

Q. Could that be obtained?—A. I can give you an attested copy. 

Mr. O'Connell. Attested copy of the return of the election commissioners 
may be read into the record? 

Mr. Callahan. Yes. 

]Mr. O’Connell. The one for the primary will be furnished and read into 
the record as the next exhibit. 

Mr. O’Connell (reading) : 

“ The Commonwealth of Massachusetts: At legal election of the inhabitants 
of the city of Boston in congressional district 10 qualified to vote for State 
officers holden on Tuesday next after the first Monday in November, being the 
5th day of said month in the year 1918, for the purpose of giving in their votes 
for a Representative of this Commonwealth from said district in the Sixty- 
sixth Congress of the United States. All the ballots given in therefore were: 

John F. Fitzgerald, of Boston_,_•_ 7, 227 

- Welch, of Boston_ 1, 069 

Peter F. Tague, of Boston_ 6, 997 

All others_ 1 

Blanks_ \ _ 794 


Total number of votes_16, 088 


Absent voters, Fitzgerald----- 14 

Absent voters, Tague---- 6 


John J, Fitzgerald_ 7, 227 

Peter P"'. Tague--- 6, 997 


230 


(Signed) 


“ M, W. Berlen. 

“ Edward P. Murphy. 

“ Frederick J. Finnegan. 
“ Jacob Wasserman.” 




















110 


TAGUE VS. FITZGEEALD. 


Then tliat is tlie seal of the board of election commissioners of the city :)f 
Boston. 

Mr. Callahan. Is that the final vote? 

A. That is the return made by the election commissioners. They would iic t 
have the tinal vote there. 

Q. You have the tinal vote?—A. Yes. 

Mr. Callahan. May we have that submitted now, the tinal vote? 

Mr. O’Connell. Let me clear this up first. 

Q. Takin^i- up then the report received by you from the election commission¬ 
ers of the city of Boston as to the result of the votes in the primary election 
in which the election commissioners of the city of Boston report that John I'. 
Fitzgerald had received 41 or 50 votes more than Peter P. Tague, could any 
objection be filed with your board against the nomination of John T. Fitzgerald 
up to the time that the notitication was served on you that he had received 
the nomination?—A. I think objections can be tiled at any time. 

Q. Could they be filed before you were notified he had the nomination?—A. 
That would depend upon the party filing it. 

Q. Can you conceive of any way by which we can object to a man receiving 
the nomination when he has not received it?—A. That is a matter of psy¬ 
chology. 

INIr. O'Connell. I think that is all. I will introduce at this time chapter 
835 of the acts of 1913 of the laws of the Commonwealth of Massachusetts 
and their amendments. Can you leave this with us?—^A. Yes, sir. I would 
rather furnish you with a fresh copy. Am I to supply you ^^ith a duplicate 
list and also a certified copy of the vote at the primaries? 

Q. That is a wiltten i-equest showing what time that was received; I pre¬ 
sume you have such a record?—A. I think so. 

Questions by Mr. Callahan : 

Q. Will you give us the official final account in this election?—A. I can read 
from the report of the canvassing board, which is the governor’s council. 

Q. And that is official?—A. That is official. 

“ John T. Fitzgerald, of Boston, Democrat, 7,241, and is duly elected; Peter 
F. Tague, of Boston Independent has 7003 votes; H. T. Welch, 1,071, all others, 
1 vote.” 

Q. Does that contain the soldier vote or the absentee vote?—A. Yes. 

Mr. O’Connell. I call attention at this time to the fact that this is the re¬ 
port of the governor’s council. They are the board who determine after can¬ 
vassing who have been elected to State and national offices in this Common¬ 
wealth?—A. Yes. 

Mr. O'Connell (reading) : 

“ Commonwealth of Massachusetts, executive department, council chambers, 
Boston, December 17, 1918. Committee of the whole council to whom was re¬ 
ferred the returns of votes for said offices given in the several cities and towns 
together with the absentee votes under the provisions of chapter 293 as 
amended by chapter 295 of the general acts of 1918, and the manner prescribed 
by the constitution laws of the Commonwealth of IMassachusetts on the 5tli 
day of November last past, report as follows; ” 

And in that report is contained the figures you have just read as the result 
in the tenth congressional district and it is signed by Edward F. Hamlin; 
“ In council, December 11, 1918. The foregoing report is this day adopted. 
Edward F. Hamlin. Office of the secretary, Boston, December 11, 1918. A 
true copy. Albert P. Langtry, Secretary of the Commonwealth.” 

Above report of governor’s council marked “ Exhibit 21.” 

Mr. Callahan. We would have a gTeat many questions to ask of Mr. Cun¬ 
ningham, and I suggest that we go until 2 o’clock and agree that Mr. Cunning¬ 
ham shall be put on immediately. 

(Adjourned until 2 p. m.) 

Herbert H. Boynton. 

2 p. M. 

HENRY y. CUNNINGHAM, sworn: 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Henry V. Cunningham. 

(}. And your residence?—A. Boston. 

Q. You are chairman of the ballot law commission of the State of Massa¬ 
chusetts?—A. I am. 


TAGUE VS. FITZGERALD. 


Ill 


the 


\ YelJ! "" Sei>te.nbei- 24, 1018; that Is true, istrt it?- 

Duant'^’.'lecldert' ’that’'vf,fK<‘f f”" info'-matlon, your 
throusli \()ur ovvn H,Vnnei''“’'f tilt' 1 ‘hitter up .yourself anrl ascertain 

wnnt fn\:V V if possible, tlio exact situation?—A. I would not 

^ pi-oeeediiijis in tlie liearinjj. but as a result of the sitna- 

quaiders conceS " lieadqnarters and with the Navy head- 

O On w/inf f ol f submitted to us by one of the parties. 

bPr IQ 1018 T ^ ^‘i^iiiiiiiiiii^'ute with the departments?—A. On Octo- 

NorVast''De‘part„!«^:'' 

ofU?-A. iTVnZ'nnl^Z lul'er" ■™’' “ '-“P''’ 

let?pr^tV^pIa!?’Tf‘ October 21, 1918, I wrote a similar 

trict TliP f Spencer S Wood, commander of the first naval dis- 

tiict. The letter I wrote to Gen. Crozier is as follows: “ Will voii please ascer- 

Thp September 24, 1918, of the men named on the attached 

luen named on this list are voters in the tenth Massachusetts con- 
.^lessional district, and it is claimed that their names were illegally voted on 
election held in Massachusetts on Tuesday, September 24, 
918, at i^hich primary a candidate for Congress was nominated, whose nomi¬ 
nation IS protested on the above grounds (among others), and this protest 
IS being heaid by the Massachusetts State Ballot Law Commission. It is 
material to determine whether these men were on September 24, 1918, in places 
from which they could or could not be in Boston on that date. Will you 
please secure authority from the War Department to communicate directly with 
the commanders of the camps stated on the inclosed list and secure the above 
information. It is necessary that this be done seasonably to enable the official 
b9.11ots ^to b 0 printGd for tli 0 St<it 0 olGction, wliicli will bo liolcl on Novoinbor 
5 next.” Signed by me as chairman of the Massachusetts Ballot Law Com¬ 
mission. 


Letter to Admiral 1\ ood on the same day: “ IVill you please furnish to the 
Massachusetts Ballot Law Commission information concerning the whereabouts 
on September 24, 1918, of the men in the United States Naval Service who it 
is claimed voted in a primary election on that day in the tenth congressional 
district. This list M^as furnished by counsel to a representative of the Navy 
Department who attended the hearing before the Ballot Law Commission on 
Friday. This board will resume its hearings at room 443, State House, at 
2 p. m. to-day.” Signed by me as chairman of the Ballot Law Commission. 
The attached list is one that was furnished by counsel and contains the fol¬ 
lowing names: 

Samuel Grossman, third naval district, residence 8 or 9 Kenard Avenue. 

Joseph H. Graham, 37 Billerica Street, Navy. 

Joseph L. Clark, 63 Auburn Street, Navy. 

Ralph Greenberg, 39 Oneida Street, Boston, Navy. 

And on the back of that .James H. Graham, 420 Center Street, .Jamaica 
J^lain, December 6, 1917. J. No. 11,510. 

Joseph L. Clark, J. No. 6682. 

Ralph Greenberg, 100 Nightingale Street, Dorchester, J. No. 9245. 

Q. Are those the only communications you sent?—A. Those are the only com¬ 
munications J sent; yes, sir. 

Q. Did you receive any answer to them?—A. Yes. 

Q. Have you got the answers with you?—A. J have. 

Q. Will you read them please?— 

Letters read into the record by Mr. Cunningham, as follows: 

Henry T. Cotter, lA Sharon Street. France. 

Garrett F. Sullivan, 1462 Washington Street. Camp Mills, N. Y. 

John L. Curry, 469 Shawmut Avenue. France; from Camp J. E. Johnson. 

John J. Howell, 1435 Washington Street. Camp Dix, N. J. 

Frank J. Ryan, 38 West Dedham Street. France. 

.Jerome J. Crowley, 6 Asylum Street. France, 101st Regiment. 

John F. Downey, 16 East Dedham Street. University, Vt. 

Walter J. Ring, Hotel Langham. France. 

Moses Steinworzel, 31 Oneida Street. Camp Devens. 


112 


TAGUE VS. FITZGERALD. 


.Tosei>h F. Horgan, 72 East Newton Street. Camp Devens. 

James A. Friel, 36 Billerica Street. Medical, France. 

Sergt. Israel W. Davis, 27 Lowell Street. Alabama, Camp Sheridan. 

Joseph Goldman, 30 Oneida Street, Camp Sherman, Ohio. 

Headquartees, Camp De\’ens, 

Ayer, Mass., October 24, 1918. 

Fi'om : Camp personnel adjutant. 

To: Chairman Mass. State Ballot Commission, Boston, Mass. 

Subject; Whereahonts of certain alleged enlisted men on Sept. 24, 1918. 

L The commanding general of the Northeastern Department has forwarded to 
this camp your request relative to the location on September 24th of Private 
Moses Steinworzel and Joseph F. Horgan, 31 Oneida Street and 72 East Newton 
Street, respectively. Wish to advise that the first-named man was here at 
Camp Devens on the above date until 6 p. m., at which time he was granted 
a pass until September 2.5th. As to .Joseph F. Horgan, we find no record of a 
man by that name here at Camp Devens. Trust this will give you the desired 
information. 

George C. Tait, 

Captain, A. G. I)., U. S. A., 

Camp Personnel Adjutant. 

Headquarters NoRTHEASTEim Department, 

99 Cliauncey Street, Boston, Mass., October 25, 1918. 

Mr. Henry V. Cunningham, 

Chairman Mass. State Ballot Lave Commission, 

Office of the Secretary of the Commonwealth, 

State House, Boston, Mass. 

Dear Sir: Reference your letter of the 19th instant regarding the where¬ 
abouts of certain enlisted men on September .24, 1918, reply has been received 
in the case of John F. Downey, of 16 E. Dedham St., Boston, Mass., from his 
present commanding oflicer, who states that Downey was actually present at 
the University of Vermont, Burlington, Vt., on the date in question, and that 
he was not in Boston on that date. 

William Crozier, 

Major General, U. S. Army, Commanding. 

By M. J. Moore, 

Adjutant General, Adjutant. 

Headquarters Northeastern Department, 

99 Cliauncey Street, Boston, Mass., October 27, 1918. 

In reply refer to 014.35. 

Mr. Henry V. Cunningham, 

Chairman j\Iass. State Ballot Law Commission, 

Office of the Secretary of the Commonwealth, 

State House, Boston, Mass. 

Dear Sir : Reference your letter of the 19th instant regarding the where¬ 
abouts on September twenty-fourth, last, of certain enlisted men, reply has been 
received in the case of Garrett J. Sullivan, of 1462 Washington Street, Boston, 
Mass., from his present commanding officer, which indicates that this soldier 
was present and on guard duty at Camp Mills, New York, on that date, and 
also that he has not been in Boston since July 30, 1918, the date of his induction 
into the service. 

William Crozier, 

Major General, U. S. Army, Commanding. 
(Signed) M. J. Moore, 

By M. J. Moore, 

Adjutant Genei'al, Adjutant. 

Headquarters Northeastern Department, 

99 Chauncy Street, Boston, Mass., October 29, 1918. 

In reply refer to 014.35. 

Mr. Henry V. Cunningham, 

Chairnuin Massachusetts State Ballot Law Commission, 

' Office of the Secretary of the Commonwealth, 

State House, Boston, Mass. 

Dear Sir: With reference to your letter of the 19th inst., regarding the 
whereabouts on September 24th last of certain enlisted men, you are informed 


TAGUE VS. FITZGERALD. 


113 


ooinmaiKling- officer of Private Mosses Steinworzel, of # 31 
has informed the Department Commander that 
that soldier was present at Camp Devens, Mass., on September 24, 1918, until, 
o.w p. in. of that date, at which time he was granted a 24-hoiir pass. 

commander has also been informed that private John 
^111 ly ot 469 Shawmiit Avenue, Boston, Mas.s., referred to by you as being at 
Camp Joseph D. Johnston, Jack.sonville, Florida, left that post on July 5th, 1918, 
for service with the American Expeditionary Forces. 

IViLLIAM CROZIEK, 

Major General United States Army, Commanding. 

By M. J. Moore, 

Adjutant General, Adjutant. 


Headquarters Northeastern Department, 

in reply refer to 014.3o. 

IVIr. Henry Cunningham, 

Chairman Massachusetts State Ballot Law Commission, 

Office of the Seeretary of the Commonwealth, 

State House, Boston, Mass. 

Dear Sir : With reference to your letter of the 19th instant, regarding the 
whereabouts on September 24th last of certain enlisted men, you are informed 
tnat the present commanding officer of Sergeant Israel W. Davis, of 27 Lowell 
Street, Boston, Mass., has informed me that that soldier was present at Camp 
Sheridan, Alabama, on September 24, 1918, and that the soldier stated to him 
tliat lie did not vote by mail or otherwise, and gave no permission for the use of 
his name on any ballot. 

William Crozier, 

Major General United States Army, Commanding. 

By M. . 7 . Moore, 

Adjutant General, Adjutant. 


In reply refer to 014.35. 


Headquarters Northeastern Department, 

Boston, Mass., November J, 1918. 


Mr. Henry V. Cunningham, 

Chairman Massachusetts State Ballot Law Commission, 

Office of the Secretary of the Commonwealth, 

State House, Boston, Mass. 

Dear Sir: IVith reference to your letter of October 19, 1918, regarding the 
Avherenbouts on September 24, last, of certain enlisted men, you are informed 
that the present commanding officer of Private Joseph Goldman, of 30 Oneida 
Street, Boston, Mass., has informed me that that soldier was on pass and ab¬ 
sent from his proper station at Camp Sherman, Ohio, from Sept. 19, to 
Sept. 27, 1918. No information is available to indicate the whereabouts of 
this soldier on Sept. 24, but it is known that he was in Pittsburgh, Pa on the 
21.st of Sept., in view of the fact that he requested an extension of pass 
by telegraph from Pittsburgh on that date. 

William Crozier, 

Major General United States Ainny, Commandmg. 

P>y M. .1. Moore, 

Adjutant General, Adjutant. 


On October 26, 1918, we sent this telegram to The Adjutant General of the- 
United States Army, Washington, D. C.: 

“ The following sailors from this city are alleged to be in service in France 
on September 24, 1918: Henry T. Cotter, John L. Curry, Frank J. Ryan, 
Jerome J. Crowley, IValter J. Ring, and James A. Friel. It is claimed in evi¬ 
dence that they voted here on an election on that day. The case is pending 
before State ballot law commission. Please wire whereabouts of these men on 
that date.” 

Signed by me as chairman. That was sent on October 26, and reply to it 
is dated November 12, and is from the War Department and addressed*^ to me¬ 
ns chairman. 

122575—19-8 



114 


TAGUE VS. FITZGEKALD. 


Refer to AG-201.7. 


War Department, 

The Adjutant Gener.4l’s Ofeice, 

Washington, November 12, 1918. 


Mr. Henry V. Cunningham,^ 

Chairman Massaehusetts 'state Ballot Law Commission, 

Boston, Mass. 


INIy Dear Sir: In reply to your telegram of recent date, in which you state 
that the following-named soldiers, to wit: Henry T. Cotter, John L. Curry, 
Frank J. Ryan, Jerome J. Crowley, Walter J. Ring, and James A. Friel, who 
are alleged to be in the service, voted in an election on September 24, 1918, 
and in which you ask the whereabouts of these men on that date; I beg to 
advise you that the records of this office show as follows: 

Henry T. Cotter, whose emergency address is given as Mrs. Patrick M. 
'Cotter (mother), #1 A Sharon Street, Boston, Mass., enlisted December 18, 1917, 
and on the date of the latest information received concerning him, August 20, 
1918, was a member of the 31st Company C. A. C., at Fort Standish, Mass. 

John L. Curry, whose emergency address was given as Miss Annie Curry 
(sister), .^469 Shawmut Avenue, Boston, Mass., is a sergeant, 1st Company, 
Quartermaster G<irps, and sailed for duty overseas July 11, 1918. No record 
of his return to the United States. 

Frank J. Ryan, whose residence was given at the date of enlistment as #22 
Lawrence Street, Boston. INIass., and whose emergency address is given as Mrs, 
Mary Ryan (aunt), #235 Bailey Street, Lawrence, Mass., is a member of 
Company M, 336th Infantry. This organization arrived in France on October 
11, 1918, The soldier’s whereabouts on September 24th is not known. 

Jerome J. Crowley, whose emergency address is given as Mrs. Bridget Crow¬ 
ley (mother), #6 Asylum Street, Boston, IVIass., enlisted May 28, 1917, and was 
assigned to Company A, 101st Infantry, This soldier died May 27, 1918, of 
wounds receiveil in action. 

Walter J. Ring, can not be identified. 

James A. Friel, whose emergency address is given as James Friel (father),. 
#36 Billerica Street, Boston, Mass., is a member of the #303 Ambulance Com¬ 
pany, 301st Sanitary Train, and sailed for duty overseas July 11, 1918. No 
record of his return to the United States. 

Very respectfully. 


(Signed) Alfred C. Nonakoski, 

Adjutant General. 


First Naval District, Office of the Commandant, 

Little Building, Boston, Mass., October 21, 1918. 
State Ballot Law Commission, 

State House, Boston, Massachusetts. 

Gentlemen : In response to your request for information as to the where- 
.tibouts on September 24, between the hours of 6 a. m. and 4. p, m, of Samuel 
'Grossman, 809 Kennard Ave., Boston; James H. Graham, 37 Billerica St,, 
Boston; Joseph L. Clark, 63 Auburn St., Boston; and Ralph Greenberg, 39 
'Oneida St., Boston, the following information, as shown by the records at 
the district detail office, first naval district, is herewith given: 

Joseph Leo Clark; age, 25; 63 Auburn St., Boston; mess attendant, first 
class; enrolled in U. S. Naval Reserve Force July 25, 1917; called to active 
duty August 3, 1917, and assigned to U. S. naval training station, Bumkin 
Island, Boston Harbor; transferred to coast guard station # 25, Boston Harbor, 
on June 7, 1918, where he is now on duty. On liberty with permission all 
day September 24, 1918. 

Samuel L. Grossman; age, 25; rating, seaman, second class; 9 Kennard 
Ave., Boston; enrolled in U. S. Naval Reserve Force on Fel)ruary 5, 1918, as 
mess attendant, first class; called to active duty March 12, 1918, knd as.siguea 
to U. S. Naval Training Station, Hingham, Mass.; transferred to armed guard, 
Brooklyn, N. Y., on April 17, 1918, since which date this district has no record 
of him; any further information as to his place of duty on Sept. 24, 1918, 
can be obtained from the Bureau of Navigation, Navy Department, Wash¬ 
ington, D. C,; or, if he was in the third naval district on that date then from 
the commandant third naval district. New York, N. Y. , 

James H. Graham; age, 29; rating, seaman, second class; 420 Centre St, 
Jamaica Plain; enrolled in U. S. Naval Reserve Force on December 6, 1917’ 
as mess attendant, first class; called to active duty December 17, 1917, ami 


TAGUE VS. FITZGERALD. 


115 

assigned to commissary school, Commonwealth Pier, Boston; transferred to 
othce of aide for information on July 16, 1918, where he is now stationed. 

Since information was requested as to James H. Graham, of 37 Billerica St., 
Boston, and whereas the aforementioned Janies H. Graham resides at 420 
Centre Street, Jamaica Plain, and this office has not been advised as to any 
chanj 2 :e of address, it is not believed that he is the same person. Therefore 
no further effort has been made to trace him. 

Ralph Greenberg; age, 23; rating, seaman, second class; 100 Nightingale St., 
ioiChester, Mass.; enrolled February 21, 1918, as seaman, second class; 
allied to active duty on March 5, 1918, and assigned to U. S. Naval Training 
K tation, Hingham, Mass.; transferred to section headquarters, Boston, on 
August -.0, 1918, and assigned to Graves Light, Boston Harbor, where he is 
now on duty. 

Since information was requested as to Ralph Greenberg, of 39 Oneida St., 
Boston, and whereas the afore-mentioned Ralph Greenberg resides at 100 
1 ightingale St., Dorchester, ]Mass., and this office, has not lieen advised as 
to any change of address, it is not believed he is the same person. Therefore 
no further effort has been made to trace him. 

This office has information only of the U. S. Naval Reserve Force, and if 
Graham and Greenberg enlisted in the regular Navy records of their enlist¬ 
ments may be obtained at the U. S. Navy Mobilization Office, 51 Cornhill 
Boston. ’ 

Respectfully, (Signed) Spencer S. Wood, 

Rear Admiral, U. S. Navy. 

Mr. O’Connell. At this time I want to read into the record the following 
with reference to Walter J. Ring concerning when the department was unable 
to furnish an answer at that time. 

Mr. Callahan. I object to that. Why don’t you have some one here to 
authenticate that report? 

Mr. O’Connell. I will read it. 

^ Mr. Callahan. You can summon anybody just the way you summoned Mr. 
Cunningham. That is the orderly way and the correct way, and you know it. 

I don’t suppose the notary can change the rules of evidence. 

Notary Berman. You can put that in by putting the Congressman on the 
«tand. 

Mr. O’Connell. I am putting this in for the purpose of keeping the record 
clear in regard to this man and to please my brother; the form and manner in 
which it is obtained will be attended to later, but it is to keep the record of 
those men clear. 

Mr. Callahan. Do I understand you overrule the notary? 

Note my objection. 

Notary Berman. I will ask of Mr. Tague if he received that information from 
the department? 

INIr. O’Connell. I am putting it in now in order that this may be clear. [Read¬ 
ing as follows;] 

Navy Dept, Bureau of Induction, 

Feb. 10, 1918. 

Contirming our telephone conversation of to-day, herewith is a copy of the 
service record of Walter John Ring. 

C. B. Hatch, Jr., 

(By direction). 

And on the attached paper with this backing: 

U. S, Naval Air Station. 

Name—Ring, Walter John. 

Enlisted—Dec. 14, 1917. 

Transferred to inactive duty—Date, Jan. 25, 1919. Bureau of Induction, 
Navy Dept., Feb. 10, 1919. 

On the inside of which is the following; 

Walter J. Ring enlisted 12-14-17. 

Sea—2CC. 1st Naval Dist. 

Transferred 5-23-18. 2C. 6th Naval Dist. 

Change of rating 12-17-17. 2 L. D. S. M. M. 6th Naval Dist. 

Transferred 8-25-18. L. D. S. M. M. Naval Air Station, Pensacola, Fla. 
Change of rating 10-1-18. L. M. (A.) Pensacola, Fla. 

Relieved from active duty 1-^26-19. 

M. M. 2C, 1st Naval District. 


116 


TAGUE VS. FITZGERALD. 


Q, AVere those all the letters you received as you have read them, Air. Cun¬ 
ningham?—A. Yes. 

Q. Can you give us the date on which your commission made its finding in 
reference to the Tague-Fitzgerald contest?—A. Not now; not this minute with¬ 
out reference to the files in the secretary’s office. 

Q. Will you get that and send it to us?—A. I will ask Air, Boynton to bring 
that data with him on Alonday when he comes. 

Q. If you will do that it will be sufficient,—A. Our decision was filed in the 
secretary’s office. 

Q. No notice was sent to me as attorney for Air. Tague by you?—A. I don’t 
know what the secretary did; I sent no notices. 

Q. No notice to Air, Tague?—A, Sent no notice to anybody. AVe fileil our 
decree with the secretary of the Commonwealth. 

Q. There is no question that the argument and all evidence received by you 
was submitted and ended on the afternoon of October 25?—A. I can not state 
that date here, Air, O’Connell. 

Q. Haven’t you got that pretty well imbedded in your mind. Air, Cunning¬ 
ham?—A. I can not carry the date. I should have to refresh my recollection 
from my notes. I only brought what your associate asked me to bring. 

Cross-examination by Air. Callahan : 

Q. You are the chairman of the ballot law commission?—A. Y’'es. 

Q. And how long have you been chairman?—A. I have been chairman since 
the death of my predecessor. Air. Arthur Lincoln, and I wouldn’t like to say now, 
but I think it is from 10 to 15 years. 

Q. And for how long have you been a ijiember of that commission?—A, Since 
1893. 

Q. That is a bipartisan commission, Air. Cunningham?—A. There is a statute 
governing it and if it is competent for me to state what my view of the law is—■ 
I can not quote it exactl,y—-— 

Q. Both of the parties are represented on that commission?—A. They are, 
and I believe the statute says that not more than two of the members of the 
commission shall be from the same party. I think that is the language, but the 
statutes that were introduced in evidence this morning are what I would refer 
to, to answer your question. 

Q. You are a member of the bar?—^A. I am. 

Q. And for how long. Air. Cunningham?—A. Since 1887. 

Q. Do you recall in all your experience on the ballot-law commission. Air. 
Cunningham, any hearing on election matter that took as much time as this 
hearing of Tague and Fitzgerald? 

Air. O’Connell. AVherein is that material? 

Air. Callahan. Let me ask my question. It is material because in a few 
minutes I am going to read your allegations. 

A. AVe have had several very long hearings. I have in mind now two long 
hearings concerning State conventions. 

Q. As a matter of fact, this was a very complete and exhaustive hearing, 
wasn’t it?—A. In my judgment, it was. 

Q. Now, Air. Cunningham, I vmnt to read the allegation here of Air. Tague 
and I want your answer to it. The first specification of Air. Tague’s bill of com¬ 
plaint reads as follows: In asking for this hearing he does so because the hear¬ 
ing before the ballot-law commission of the Commonwealth of Alassachusetts 
was conducted in an illegal, fraudulent, improper, and prejudiced manner. 
AA^hat have you to say about that? 

O. Do you understand my question now, Mr. Cunningham? Shall I read it 
again?—A. I wish you would. 

Q. In their bill of complaint they allege in their first specification they bring 
that complaint because the hearings before tbe ballot-law commission* of the 
Commonwealth of Alassachusetts were conducted in an illegal, fraudulent, im¬ 
proper, prejudiced manner. AVhat have you to say to that?—A. The hearing 
was conducted according to law, fairly and without prejudice. 

Q. And in their first specification the first subheading they have “ Alany wit¬ 
nesses summoned by the- 

Air. Callahan. I think we ought to be able to conduct this hearing without 
comment and without noise. AVe listened intently to you. 

Mr. O’Connell. I was simply talking with Mr. - here. If you were 

watching me instead of watching your witness I am not to blame. 

Notary Bekman. AVe will never get anywhere if you don’t quit fighting. 




TAGUE VS. FITZGERALD. 


117 


thSr commission refused to summon witnesses and that 

in the possession of tho^f^ snfficient money to summon said witnesses were 

“itneJ« ifSn «uuninghaniV-A. Every 

uuness \\ as summoned we were requested to summon. 

vour cominisSoi/mnPo'o'n ^ ^sreat many witnesses did not appear, didn’t 
nesses present? A attempt and did succeed in getting many more wit- 

of oui owl^nloti^^fo^?^ sergeant at arms and issued processes 

sum oi?rd oi ?vLprP n,. n Witnesses who had evidently been either 

( ) Vr T piocesses were sought to be served upon them. 

1 ^ clearly in mind. On one morning when the evidence ap- 

thp Pn u introduced by both sides and both sides had rested didn’t 

fu^l T 'lirectlon to bring those witnesses 

. A. 1 don t kno\^ about the number of days, but on one day we did of our 

soukT b^JL'p^^ attendance of those whose presence had been 

«fn^o';i I to call your attention to this at this time. When you 

rested, we had never rested when that was done, and I don’t 
think Mr. Cunningham got the cunning of your question. 

Mr. Callahan. There is nothing cunning about it. 

rsMtary Bekman. You make a request that Mr. O’Connell’s comment be 
stricken from the records and I so order it. 

Q. As a matter of fact, Mr. Cunningham, when your commission decided to do 
that wasn t counsel on both sides prepared to deliver their arguments in the 
case. A. I would much prefer to have the stenographic record show what hap¬ 
pened at that time. ^ 

Q. But at any rate, this postponement and this attempt to get these witnesses 
was done on the initiative of your commission?—A. That is not in my mfnd 
now. We made a statement that is in the record of the hearing and I would 
much piefei lather than attempt to tax my recollection upon that to put in the 
statement that was made by me at that time as chairman with the concurrence 
of my associates. 

Q. Have you your records of those hearings, Mr. Cunningham ?—A. I have 
nothing but my own notes. There is a stenographic report but it has never 
been written out. 


Redirect examination by Mr. O’Connell: 

Q. You stated in your cross-examination that you conducted these hearings 
in a legal way. You didn’t permit me to introduce any evidence in reference 
to illegal voting or registration, did you?—A. That, Mr. O’Connell, was gov¬ 
erned by rulings and I think the rulings are a part of the stenographic record. 

By Mr. Callahan : 

Q. That is one of the things I meant to ask Mr. Cunningham when he comes 
here and because he did not have his stenographic report, I thought we would 
put it off.—A. That stenographic report has never been written out and I know 
that my own trial notes will not state that. That was a ruling made at the out¬ 
set and the stenographer took it down and I would much prefer to refer back 
to that and if counsel will submit to me on either side what particular parts of 
the record they would like to have, I will have the stenographer write them out 

Q. That can be done all right. The fact remains that I was not permitted 

to go into the matter of illegal registration at the hearing before you?_A. I 

should answer that “ Y’'es, sir,” but subject to rnodiflcation. 

Q. The fact remains—there wasn’t any evidence received by your board as 
to illegal registration?—A. I believe that to be true. 

Q. And due to the ruling your board made?—A. I think so. I recollect so. 

Q. Referring to the 35 or 40 witnesses produced on the last day, and for 
whom Mr. Lomasney claimed to be attorney, is it not a fact you would not 
allow me to cross-examine any of these witnesses?—A. Yly recollection is that 
the commission, or I, as chairman, conducted the examination of those wit¬ 
nesses. 

Q. And you refused to permit me to examine them?—A. With the qualifica¬ 
tion that the record will amplify. 

(2. And I asked even to be permitted to cross-examine, but was not permit¬ 
ted.—A. I think that is true, but. I say I want to amplify my statement of that 
by the record. 

Q, If there is any mistake, you can correct it by the record. I want to be 
entirely fair and want you to give your answer in any way you see fit to cover 


118 


TAGUE VS. riTZGEKALD. 


% 


the truth. Is this not a fact that all the witnesses, whose names were handed 
into the commission, were not smnmoned?—A. I think they were, Mr. () Gonnell. 

Q. Don’t you recall I called your attention to the thct that the names ot 
twenty-odd witnesses submitted, that there was no record made of them at all 
by your commission, and that Mr. Vincent admitted he received the list fiom 
Mr.'Goodwin and didn’t know what became of it?—A. I should have to look at 
the record, before I answered that question, categorically, but theie ^^as an 
honest effort made to have every witness summoned, and the Sergeant at Arms 
office was at work all night and every effort was made da.v after day for the 
production of every witness whose attendance was sought, and then the com¬ 
mission not being content with the result of the attempts that were being made, 
of our own motion, we proceeded to have brought before us all the ^^itnesses 
whom we believed should be parties. 

Q. But the fact remains, you didn’t bring in and there was not produced be¬ 
fore you by the sergeant at arms but a very few of those who were summoned. 

A. There again as to the numbers I think I can get you that from my own notes. 

Q. Have you the original retunis made for you by the sergeant at arms?— 
A. Those I would not keep myself. 

Q. Who keeps them?—A. I don’t know whether they would be in the posses¬ 
sion of the sergeant at arms, or not. 

Q. They were sent out under your name, at our request?—A. Yes. 

Q. And we furnished you the money? You ordered us to furnish the money 
for the sergeant at arms, which was done?—A. Yes. 

Q. And if those witnesses didn’t come, it was because the sergeant at arms 
was unable to get them, or because they refused.—A. I \vouldn’t saj’ as to that. 
I don’t know what their reasons were. 

Q. I want to ask you what becomes of your original record. When you issue 
a summons what do you do with it, so far as your records are concerned?—A. 
I turn the summons over to the sergeant at arms. 

Q. Do you mean to tell me the only record you have is in the possession of 
somebody else?—A. We don’t regard summons as records at the conclusion of 
the hearing. 

Q. We gave you a list of names to summon, didn’t we?—A. Yes. 

Q. You made out summonses?—A. Yes. 

Q. The summons was then an original proposition coming from you. Now, 
where is the record of that?—A. If the sergeant at arms hasn’t it, or if it is 
not preserved, I don’t know where it is. 

Q. Why shouldn’t it be in your records?—A. We have no records as such. 
We hear the case- 

Q. You have been referring to your records here?—A. No. This is corre¬ 
spondence. 

Q. In your answers to my questions?—A. They are stenographic records. 
We do not keep any records. 

Q. Don’t you keep a record of the men who are summoned? No record 
of that kept? And no record kept of whether they respond to it or not? 

Mr. Gatxahan. He said he had that record in his notes. 

A. I have in my notes, as well as in the stenographic records, the names and 
substance of the testimony of every witness. 

Q. But haven’t you got the returns which the sergeant at arms made to 
you?—A. We had at the time, but I haven’t kept them. 

Q. What have you done with them?—A. They didn’t come to me personally. 

Q. When the sergeant at arms brought back a summons he walked up to 
you and handed it to you?—A. Yes. 

Q. What did you do with them?—A. They were left in the hearing room. 
We didn’t take them with us after our deliberations. We had the substance 
of all the testimony, Mdiich was all we wanted. 

Q. Did you call my attention that you were leaving the original summonses 
turned over to you by the sergeant at arms, leaving them in the hearing 
room?—A. I believe they were in the custody of the sergeant at arms. 

Q. Then what did you do with them?—A. After examining them they were 
left with the sergeant at arms. 

Q. You returned them to the sergeant at arms?—A. I simply examined them 
in the sergeant at anus’s custody. 

Q. You examined them in the custody of the sergeant at arms. What do 
you mean by that?—A. He showed us the return on them and then we acted 
on the return. 




TAGUE VS. FITZGEEALD. 


119 


sunuutnses'limfleaw^'lh^fsergeant at arms walk up to you with the 
^ in front of you - leave tliern in 

an away?-A The sergeant at arms wiis in the room^ 

Q You assumed tb4} 4-m cnstotly of everything that was before us. 

A TlierP ^^ ^ confusion that there was in the room?— 

Within tin^ ^ confusion, so far as the hearing was concerned. Not a bit 
\\ithin the hearing room decorum and order prevailed. 

<-2. ion are an attorney?—A. Yes. 

Q. Of many years’ standing and practice?—A. Yes. 
n* -^nd you know the force of a summons?—^A. Yes. 

ofticer ?—A.^ Yes importance of the record made- by the serving 

mmis^‘’i*n*tiip’ wiMlerstand you left those sum- 

Thrterv ei of * without being put In the care of anybody ?—A. 

prSieiiro • then he ,i,n“'?‘'* '‘‘'"t completed when the witness was. 

I sent 01 ^ hen he did not respond to the summons. We had no other occn- 

Q or :ud not itspont 

mission w),o 1 , 1,1 P y-oni your standpoint as a member of the com- 

mission \^ho had summoned a witness to know what the return wns? wbPn o 
witness did not respoiid?-A. We know the return ’ ** 

Q. I am asking you if it was not important for you to know that and keen 
It as a record, particularly if dhe witness did not show up? 

Mr. Callahan. He has told you that twice. 

th^wItneLls'!’'' everything that we did in respect to bringing in 

rpfnr.fif kiiow, you doii’t kiiow where those summonses are or the 

arai-mrordi:pS^:?^ of the sergeant 

Q. AMiat do you mean by “disposed of by him’’?—A. I mean they are 

j44^'to'y4c^^^ sergeant at arms does with papers we have had from. 

of^ui^h^Lrin^4^^ that?—A. We keep no permanent records beyond the notes- 

Q. hat has the sergeant at arms got to do with your work?—A. The 

sergemit at arms is the person to whom summonses are turned over, 

g. Do you want to say now, Mr. Cunningham, that you ever turned these 

sergeant at arms?—A. I don’t know as I turned them 
back to him. ihey were there in his custody. 

Q. How did they ever get into his custody?—A. He has charge of the 
hearing room where we are. 

^ iS' assumed he went into the hearing room and took them off the' 

table/—A. That would be at the conclusion of the hearing. 

Q. That is what your assumption is?—A. I believe so. 

Q. L)id you ever see anybody take them, representing the sergeant at arms,, 
or the sergeant at arms himself, ever take those summonses after he had made 
returns to you on them?—A. No; I don’t think so. 

By Air. Callahan : 


Q. Summonses as a matter of fact, are issued by you, and are left with the 
witnesses who are summoned, aren’t they? The summons goes from you and 
goes to the witness or prospective witness?—A. I believe our original summons 
is served upon the witness, and the return is made on a certified copy. 

Q. And that is a copy that comes back to you?—A. I think so. 

Q. And the importance of that. Air, Cunningham, is simply to find out whether 
or not the witness appears?—A. That is the only purpose, 

Q. And that is the only purpose for which it is used in court isn’t it?—A. 
That is my construction and view of the law, yes. 

Q. And you have kept notes of all the witnesses who appeared and those who 
did not appear? And you have those notes, haven’t you?—A Y"es. 

By Air. O’Connell : 

Q. AVhere are they kept?—A. Those are my own private official records. 

Q. AVhich is it, private or official?—A. They are trial notes I have kept of 
the ballot law commission since I have been on it. 

Q. Where do you keep them?—A. In my office. The ballot law commission; 
has no head(]uarters. We have no place to keep records. 

Q. At the time that your board decided to continue our hearing from Alonday 
morning, when we were to resume, I think, Friday, was that done for the 


120 


TAGUE VS. FITZGERALD. 


purpose of giving Martin Lomasney an opportunity to bring in those itnesses 
and was the warning that you gave him for the purpose of intimating to him 
that it was for his best interests to bring those witnesses in? A. The purpose 
that we had in taking that action was stated in the open hearing, which de¬ 
clared purpose was tlie absolute intention of the commission. That was stated 
was no purpose or intention on behalf of the commission. That was stated 
and I should have to refer to the stenographic notes and reports in order to 
be sure of the purpose as we then stated it. 

Q. Where is the stenographic report of that? Who has that steno^’aphic 
report?—A. I think the stenographer who has always done the reporting for 
the commission has it. I will furnish it to counsel if they desire. 

Q. You will have that statement stricken off, will you?—A. Yes; surely. 

Q. No official stenographer of the board, is there?—A. No; we always have 
a public stenographer—we usually have a public stenographer who reports the 
evidence I don’t recall in any case we have ever had the evidence written 
out. I take pretty copious notes but in this case there were two or three rulings 
that we made, tlie exact terms of which I would not attempt to remember, 
and I have not them incorporated in my own personal notes. 

Q. Y^ou keep no official records. That is true, isn’t it?—A. No; our duty is 
simply to decide cases. 

Q. Then you have no official records?—A. No, 

Q. And any reference that you may make in your testimony will have to 
be simply a refreshing of your mind by some notations that you made at the 
time?—A. Either that or the report of the stenographer. 

Q. And there is no official stenographer of the commission?—A. No official 
stenographer except as the commission employs a competent public stenographer 
to report the hearing. 

Q. Is there any secretary to your commission?—A. Y^es, sir; Mr. Estey is 
the secretary. , 

Q. Are you sure?—A. Mr. Estey, I think, just now. I don’t think we have 
had a meeting since Mr. Estey was recently renominated. 

Q. Are you sure who was secretary then?—A. Mr, Estey has been the 
secretary for many years past. 

Q. How and when was he ever elected?—A. Usually at the first meeting 
we have. 

Q. Any record of that ever having been done?—A. Not unless Mr. Estey 
would report it himself. Our acts and decress are always signed by all three. 

Q. Then you haven’t any secretary—A, Why, yes; we usually organize with 
a chairman and secretary. 

By Mr. Callahan : 

Q. It has been alleged in the bill of complaint that Congressman Tague has 
testified that Mr, Lomasney was in the room and his physical presence there 
had something to do with the findings of your board? Is that so, or not?— A. 
It is not. 

Q. Were there any more courtesies shown to Mr. Lomasney or to counsel for 
Mr. Fitzgerald than was shown to Congressman Tague and his counsel?—A. As 
courteous, I should not use that. The same deference. We attempted to pay 
the same deference as a quasi-judicial tribunal would be expected to to counsel 
conducting the case. 

Q. Were you or your board frightened or intimidated by the presence of Mr. 
Lomasney?—A. No. 

By Mr. O’Connell : 

Q, Y"ou and Mr. Lomasney have known each other for a great number of 
years, haven’t you?—A, Yes. 

Q. For many years?—A. I wouldn’t say many years. I know Mr. Lomas¬ 
ney—not intimately—and neither have I known him a great many years. I 
have known him ns a man in public life here in Boston as I believe I know all 
the men of public life in Boston. 

Q. He sat there every day during the hearings that went on before this 
board concerning the Tague-Fitzgerald matter, didn't he?—A. I should say 
he was there substantially all the time. 

Q. And he sat nearest to the part of the desk where the commission was 
seated?—A. I believe he sat between and behind Mr. Albers and his associates 
at counsel table. 


TAGUE VS. FITZGERALD. 


121 


behind them and between He sat a little 

*''VA’/m?etv'f i;ehind them a^d between 

was a h ng eonifsel table^i't ’'■‘'l A. I sianild not say tliat. There 

Estey sat Jt mrShf ®''‘ wi.ere we sat Mn 

atTom'seftawI-^- «« 

for these 40^miSni^Vftness|s he broilollV'^/^^ h ^ wanted to appear as counsel 
power of attorney represenOn- eoob on,1 „ ■‘'“•'’‘■‘S he had a 

he appear at tlie comisel tabfe then?—V lU? ?'’® ” 

certain of tlie men wlio were snnntioi ed tLvf E"™asney asked to appear for 

I believe the reason for mfr™^ hot '•? ‘‘‘‘ 

be represented. " ^ ^ ^ witnesses were not entitled to 

me" to crLTexand^le^tiienTnmrfWW^^^^ refused to allow 

tions that yon did and Tot nen categorical ques- 

those witnesses whether or not thpv in } asked yon to inquire of 

Imve been necessnrv to have on “ '’'“® ‘'esistration card, that would 

<Ii<l»'t yonl-I I iin ^nswe? tw .to ask that question, 

examination of the stenoRraplilc noten mS? w.ant’to''amplifv‘tlar 

I (lid”o.'®“ b'’ “--A. I said my recollection is that 

A ^Ye«'*’*io,l*T* '■fftised to allow that question to be asked or ask it yourself’— 

Should like to aSf; thTt"t.;";^,V“beSre ^ 

anmndrents yor?a^-e'r make‘amf T ydu'te ”“ad“fo 1“ ““budations, and 

“‘Mr "‘6«\AHAN''rtlUnl'‘“''''t“"r''"’® Jh^t wtoUs afttct 

stricken from the recort ‘”b "'“bb*" ought to be 

Aiv Why all I want is to give him an opportunity to tell all 

from?hL-?c™;'"- " C'btntngham considers It'thatr if ma'y be stricken 
IMr. Cunningham. I have no requests to make. I am perfectly willing. 

Henry V. Cunningham. 

PETER P. TAGUE, recalled. 

Direct examination by Mr. O’Connell: 

Q. Your name is Peter F. Tague?—A. Yes. 

Q. I recall you for the purpose of asking from \vhom you received this com- 
mumcation in reference to AValter J. Ring?_A. Bureau of Induction, Wash- 

response to a request made by you as to the whereabouts 
of AValter J. Ring on September 24, 1918?—A. It was ^ciuuuls 

:Mr. O’Connell. I offer that. 

Service report Walter J. Ring, marked “ Exhibit 22.” 

^ Peter F. Tague. 

WL4LTER H. UNDERHILL, sworn. 

Direct examination by Mr. O’Connell : 

Q. l^our full name?—A. ^Valter H. Underhill, 
burr address?—A. My address is 100 Parker Hill Avenue, Rox- 

Q. You are a police officer connected with the city of Boston?_A. Station 5 

Q. And assigned for police duty in ward 6 on primary election’_A On elec¬ 

tion day. 

Q. M^ere you stationed at the booth?—A. Yes. 

Q. Mdiich both?—A. Ward 6, precinct 1. 

Q. Did you notice the fact that stickers were being used there that dav’—\ 
Y’'es. . • - • 

Q. Did you call anybody’s attention to the fact that stickers were on tlie 
floor?—xV. No. 





122 


TAGUE VS. riTZGEKALD. 


Q. Wliat do you remember about it?—A. I remember that there was some 
stickers laying*: on the tloor and the remark was passed about it. 

Q. What was the remark? 

Question objected to by Mr. Callahan. Admitted. 

A. That there were several stickers laying on the floor and I believe I took 
one up myself and looked at it and it was a Tague sticker. 

Q. What did you do with that sticker?—A. Threw it away again. 

Q. Did you have any talk with Mr. Mahoney?—A. I don’t remember that I 
did any special. 

Q. You won’t say that you didn’t?—A. Mahoney, I understand, was there. 
There were some people there. 

Mr. CxVLLAHAN. Wait a minute. 

Q. Go ahead and give me your answer as best you can? You won’t say you 
didn’t have any talk there.—A. Not any special talk with Mr. Mahoney alone. 

Q. Was there' any general talk when he was around there?—A. Remarks 
passed about stickers being on the floor, and Mr. Mahone.v was there, but no 
special conversation on my part with Mr. Mahoney or anyone else. 

(No cross-examination.) 

Walter H. Underhill. 

DENNIS F. MAHONEY, sworn : 

Direct examination by Mr. O’Connell : 

(}. What is your full name ?—A. D^mnis F. Mahoney. 

Q. Your residence?—A. Flotel Davis. 

Q. Were you at ward 6, precinct 1, where Mr. Underhill was stationed on 
election day?—A. I was. 

Q. Do you recall any conversation with reference to stickers at that time?— 
A. I do. 

Q. Will you tell us what it was?—A. Shortly after the polls closed. 

Q. With whom did you have it?—A. Mr. Underhill, shortly after the polls 
closed. I was outside of the poll all day. 

(Mr. Callahan’s objection noted.) 

A. I was stationed, at the polling booth all day on the sidewalk from 6 a. m. 
to 4. p. m. After the polls closed I went downstairs in the basement of the 
schoolhouse. where the voting was taking place, and I talked with Mr. Underhill, 
and remark was passed about the stickers on the floor. Mr. Underhill called my 
attention to the stickers on the floor, and I noticed quite a number of stickers 
on the floor, and looking at the ballot boxes, I found stickers lying on the ballot 
boxes. 

Q. Up where you were?—A. Where they vote. I took up possibly a dozen of 
them and stood a few minutes chatting, and then started to my own offlee, at 5 
Shawmut Avenue, to clean up my work for the day, and on the way down I 
picked up one sticker and found it was smooth. I tried to wet it and put it on a 
letter in my pocket, but it was not gummed. 

Q. Is that the sticker you gave to Congressman Tague?—A. No; I did not 
give him any sticker. I found these stickers with no mucilage on the back. 

Q. Is that the sticker you found there?—A. Very similar to that. 

(j. I show you Exhibit 10, without any gum on the back of it.—A. Some were 
gummed and some were not. 

Q. Were those kind gummed on the back?—A. Seemed to be about that size 
there, as near as I can recollect now. 

A. How many of them did you find, IMr. yiahoney?—A. I think it was six or 
eight. I forget which. I picked up something over a dozen stickers altogether. 
I didn’t notice, because I was in a hurry to get down to attend to my business. I 
was away all day. 

Cross-examination: 

Q. What is your bijsiness?—Plate glass; 105 Shawmut Avenue. 

Q. How long hpve you been in that business?—A. A yeai* last July. 

Q. July, 1917?—A. Yes, sir. 

Q. Are you working there now?—A. I have been ill for nine weeks with the 
influenza. 

Q. Before the nine weeks what did you do?—A. Worked for Mr. H. C. Butler, 
105 Shawmut Avenue. 

Q. You live at the Hotel Davis?—A. Yes. 

Q. Live there now?—A. I do. 

Q. Hov,” long have you lived there?—A. Practically altogether about six years. 

Q. Hotel Davis is where?—A. Pour Davis, corner of Washington. 


TAGUE VS. FITZGERALD. 


123 


Q. Have you voted from that place?—A. I have every vear 
Q. Dunn- those four years ?-A. I have. 

Q. \\ ere you M’orkin- at the polls that day for I^Ir. Tague*?—A I was 

^ vol^Serea .y 

Vv C«ll«lian, Mr. Tague’s manager. 

-'ll. Vcillahaii, who testified here to-day?—A. Yes. 
lou saw him, didn’t you?—A. Yes. 

for Mr^TagulT-YT'dir''’' 

Do you know ]Mr. Ta-ue?—A. I do. 

secured you a position?—A. He has. 

"here?—A. Quartermaster’s Department. 

"hen?—A. Three years aj?o. 

And you felt ohlij^ated to ]\Ir. Tagiie?—A. I did. 

Did you feel obligated to him so you came here and testified?—A I do 
And ihat is why you came here, isn‘t it?—A Yes 

MrkV'i 'v s>'i>'™o“s?-A. Without a summons. 

Ml. Mahone.y. rtiiln t it strike .you as a peculiar thing to see these stickers 
Without gum on them?—A. At that time, no srickers 

Q. You knew tile kind of stickers Mr. Tague’s friends were giving outi—\ I 
supposed they were all the same sticker. ^ i. a. i 


Q. 

Q. 

Q. 

wav 

Q. 

Q. 

Q. 

O. 

Q. 

Q>. 

Q. 

Q. 

O. 


You were giving them out yourself.—A. I certainly was. 

you saw this sticker without gum?—A. I did. ' 

\A asn’t it the same as the stickers you were giving out?_A. 


Apparently so; 


Q 
Q. 

Q. 

yes. 

Q. So. in your iiest Judgment, tlie sticker you saw without gum was the same 
kiiKl of a sticker ns you had been giving out all day?—A. I should sav ves 
Q And you had never told anybody you saw a different kind of a sticker that 
day?—A. I didn’t hnd it until after the polls closed. 

Q. You have never told anybody you saw a different kind of sticker*?-4 T 
don’t recall. 

Q. And the sticker you saw without gum was the same size and print von 
had been giving out?—A. Apparently. ^ i y u 

Q. Did you save any of these stickers?—A. I did; hut I can not find them 
because I was taken ill and I don’t know what happened to them 

Q. Did you save any of the stickers you had with gum on them?—A I think 
I put them in the cubby hole in my office, but they are not there no\w 


MARY E. ROGERS, sworn : 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Mary E. Rogers. 

Q. Where do you reside?—A. 38 West Newton Street. 

Mr. Callahan. I object to this witness testifying at this time. We have re¬ 
ceived no notice that this witness was going to testify. The statute reoiiires 
:hat we receive notice. 

(Witness sii.spended.) 


EDWARD R. GRAY, sworn : 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Edward R. Gray. 

Q. What i.s your business?—A. Master mariner. ’ 

Q. Working for whom ?—A. IMaster of ferry division for the city of Boston. 

Q. The ferry that runs between ward 5 in Boston and ward 2 in East Bos¬ 
ton?—A. Yes. 

Q. And all in the tenth congressional district?—A. Yes. 

Q. Do j"ou know Mr. William Murray? Do you recall ever having had a 

talk with Mr. Murray at which Representative O’Hearn was present? A. I 

don’t recall any such conversation. 

Q. Do you recall talking with Representative O’Hearn in reference to the 
election that took place last November, discussing with him the reason why 
Congressman Tague was defeated? 

Mr. Callahan. Ask him one question at a time. 

IMr. O’Connell. Who is asking this question? 

Notary Berman. I want to make this statement. The gentlemen in Congress 
who are going to read this testimony are not interested in any quarrel between 



124 


TAGUE VS. FITZGERALD. 


attorneys and what they want is evidence. The less quarreling between attor¬ 
neys the better the recoi’d will he. I think Mr. O Connell can ask the question 
and as he sees tit and you can object. 

Q. Did you have any conversation with Representative O’Hearn election day, 
or kiortly afterwards, in which you discussed with him the reason why Con¬ 
gressman Tague was defeated?—A. I have no such recollection of any con¬ 
versation. I may safely say- . . .l, 

Q. Calling your attention to the night after election, at the evening time, the 

time vou met Representaive O’Hearn? 

I^Ir.* Callahan. Why don’t you have him testify he did meet Representative 

O’Hearn? 

Notary Bekman. I think IMr. O’Connell is entitled to ask questions as he 
sees tit and if you have any objections why not state them? 

Q. I direct jamr attention to the evening after election, to the time when 
you met Representative O’Hearn? 

Mr. Callahan. Did he meet him? 

Notary Berman. The witness did not say whether he did or did not. 

Q. Do you recall that time?—A. Why, no. I am at sea with all this. 

Q. Will you say that you did not meet Representative O’Hearn?—A. I have 
met Representative O’Hearn; yes. I have met him in the American House, 
Maverick Square, and have met him in Good Friend Leary’s—a dozen places, 
and I can not recall at any time having any great discussion with him in 
regard to the congressional tight. 

Q. Do you recall Representative O’Hearn saying “ This is the reason Tague 
was licked”? And handing you a package of slips such as that? Look at 
it please before you answer. [Exhibit 10.]—A, I can not take my solemn oath; 
no. 

Q. Do you recall taking and putting some of them in your pocket?—A. I can 
not take another solemn oath; no. 

Q. Do you recall some of them falling on the ground, and Mr. Murray picking 
them up and IMr. D’Hearn asking him to give them back? Do you recall 
that?—A. No, sir; I do not. 

Q. Do you I'ecall Mr. Murray being present at a time when these stickers were 
discussed?—A. I don’t believe I know this man by sight. I didn’t know his 
name. I have met him in the restaurants and have met him on the street, etc., 
but I don’t place that young man, and I don’t believe I have ever exchanged a 
word in any conversation in any way, shape, or manner that I have knowl¬ 
edge of. 

Q. I didn’t ask you that. I asked you if some of those stickers, such as I 
have shown you. Exhibit 10, fell on the ground and Mr. IMurray picked them 
up, and he was asked by Representative O’Hearn to hand them hack to him.— 
A. I don’t remember any such action or transaction in any such way, shape, 
or form. 

WILLIAM A. MURRAY, sworn: 

- Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. William A. IMurray. 

Q. And where do you live?—A. No. 340 Saratoga Street. 

Mr. Callahan. I submit this man has not been summoned or we have not 
been given notice of his summons. 

JMi'. O'Connell. The summons was left at Mr. Feeney's office. . 

IMr. Callahan. We have the list. 

Mr. O’Connell. There was another list given you the other day. 

Mr. Callahan. This is the only list given us, and there is no William A. 
Murray living at that address. 

Q. \"ou live on Summer Street, East Boston?—A. No; 340 Saratoga Street. 

iMi-. Callahan. I think this is a very disorderly proceedings. The statute re¬ 
quires that we shall he given notice of the witnesses who are going to testify, 
whether they are summoned or whether they appear voluntarily. That is the 
statute "and we insist upon its being carried out. 

Mr. O’Connell. I say the statute is being complied with. We gave them 
notice we wo\dd examine William- F. Murray, intending to examine this man, 
who is here. We have no other William F. Murray in mind, and he is here 
with that purpose only. There is no purpose of misleading or acting in any way 
out of order. I do protest against the effort being made to delay these hearings. 

Mr. Callahan. I don’t know whether we have the right to decide on these 
questions, but you must understand if you read that statute that it is necessary 




TAGUE VS. riTZGEKAED. 


125 


and addresses of \\dtn^ess^es^ opposing counsel, giving names 

‘«tify. That is clear mid un^^fvoci? complied with, a witness 

notice must be given in writin-Vo /onn«^ ^ specilically states that 

to testify this afternoon Yoi/^pmi tril! don t think Mr. Murray is entitled 

testify Alonday. ’ notice to Mr. Callahan now that he will 

the^stanch°Y/Mr/FUzgerakrdes1r^^^ *’®. P«''™i“ed to put Mr. Murray on 

this hearing is going on so tlmf vvp Pnn Beach at a time when 

inconvenienced enough bv Mr Fitzo-Pv^rr “otice on him. We have been 
deliberate absenc^e Fitzgeralds absence from Boston, and it is a 

time is dearlj^'^out^of mMer ^^^HereTs^'f^^^ Fitzgerald’s attitude at this 

cided, and I don’t see how ’counsel ^ proposition we have already de¬ 
statute and knows the requirements. objection. He knows the 

(Mhtnessed suspended.) 

issue a*^id.p™a'to bring ii'"^ am going to ask you to 

Beach has made this delay necIsS If fh- FP, T, ’ .fiPsence at Palm 

Where an officer could spi-vp fnv fu' i ^ ’^’^'itlim these parts, 

occasion foi tSs cSv r 

to have an officer -o tj'paffi, ReCn fftT'*', ■®‘' necessary 

here to this hearino- or not imt bring him 

to be done to briim bpforp^’fi^^^^ though something ought 

are condi^^t ng t a rna^vvl o ft fr’,’"*’"®’®"’ *? ^1"* ‘>tose who 

Pa^rs and sSSc'^’crs^fJ ^J^e L\t‘l.’rfoT2c!^t‘fa"flA“-''^'’ 

shau'belSuldTo the nSn^’- ®t"tute provides that notices 

strictly and ™^rtt,^leS^•effid^ life 

follow fteTatv’'\he^Hw';ws?^? "ants me to 

pp picm t/ Z serve on Mr. Fitzgerald or his 

counsel. It says on Air. Iitzgerald or his agent. Will Air. Callahan now statP 

Fitzgerald^^ understood, that he is the authorized agent of John F.’ 

Mr.^Harfffigtou.'"' ^ *» 

Air. .O’Connell. For the purpose of the record can we have it understood so 

SmS Of Mr!F^zSdT -® «'® 

would piwide nm fldth"thesfnm1ceVl\v“uTraU^ • 

agent expression from you that you are his 

conduct of these hearings go I am counsel and ‘ 
agent of Air. Fitzgerald, and I will accept service if counsel serves summons on 
me, proper summonses- on 

T y*’-O’CofNEi-L Mr. Tague has made a request that a summons be issued on 
John F. Fitzgerald to have him here, and I will ask your honor to issue a sub- 
poena. 

Notary Berman. If you, Mr. O’Connell, can show me that power I have to 
bring Mr. Fitzgerald here from Palm Beach or anywhere else, I will exercise 

Air. O’Connell. You have the right to issue a subpoena and send it, and it will 
be turned over to the proper United States marshal, and I believe there are 
United States marshals in Palm Beach as well as in Boston. 

Air. Callahan. If counsel will show you any statute and show you that you 
have that power and that right. Air. Attorney, I will be glad to have Air. Fitz- 






126 


TAGUE VS. FITZGERALD. 


gerald summoiiGd. You have not been able to find it; I ha\e not been able to 
find it. 

Notary Beeman. I have not looked for it. ^ 

Mr. O’Connell. I will show it to the judge; I am not going to sho\\ it to >ou. 

JOHN T. GIBBONS, sworn: 

% 

Direct examination by Mr. O’Connell : 

Q. What is vour full name?—A. John T. Gibbons. 

Q. Your address?—A. No. 107 Green Street, Boston ^ 

Q. Your business?—A. Manager of the Boston Wholesale Millineiy Co. 

Q. You reside in ward 5?—A. Yes. • 4 ^ \ Voc 

Q. Were you at ward 5 on iirimary day at one of the precincts. A. les. 

C). Which precinct?—A. Precinct 8 . . * 

Q. You were there representing Mr. Peter F. Tague?—A Yes. 

Q. And were you there for the purpose of seeing the election ^\as pioperly 
conducted?—A. So far as Mr. Tague was concerned; yes. 

Mr. Callahan. I object to that. i T 4 vinv->rv 

O. What happened to you there on that primary day.—A. On that pi 
day nothing special happened except there was much intimidation by certain 
members of the Hendricks Club, interfering with men as they came to \ote, 
getting many of the men to ask for Democratic assistance, and then 
harden, who was a member or one of the Lomasney cohorts, would take the 
name down; and I appealed to the police ofiicer to put reasons why they ap¬ 
pealed for Democratic assistance, and they seemed to pay no heed to my 

argument, and then the argreement seemed to be- 

Mr. Callahan. I object to that. 

O Tell us what was being done?—A. The voter would turn around and point 
out a certain member of the Hemlrlcks Club, and the member would go in 
and mark his ballot for him. When the voter would come the two would 
take a little walk outside, and, I presume, he was paying for \yhat he had done. 

O They would disappear together, the man who had voted, and one <^1 
members‘of the Hendricks Club? Were the members of the Hendricks C^ 
prominent in the conduct of the election booth?—A. les; I atrick J. ISIcNultj, 
in this particular precinct, is the boss of the Hendiicks Club. 

Q How many other luembers of the Hendricks Club were there around 

there that day?—A. As many as a dozen. ■, -i i 

Q. How many votes were taken pi that way? The way you have described, 

by having the men write their ballots for them? 4 . m • « 

Mr. Callahan. I submit this witness can not answer that. There is a lecoid 

of that and it should be submitted properly. 

INIr. O’Connell. There is no such record. _ , . 

Mr. Callahan. You know perfectly well there is a record of it. 

Mr O’Connell. I have gone over all those records, and you haven t. 

Notary Berman. Note Mr. Callahan’s objection, and you may proceed. . 

A. After four or five such votes were cast, I apiiealed to the police officer, 
and told him it was clearly intimidation, and put up quite an aigument, but 
they seemed to decide that the- 

(Objection by Mr. Callahan.) i „ 

Q. Go ahead and tell us what they did.—A. They decided that a man had a 
ri"ht to stop a voter when he came in, and I claimed that when a man came 
in^’and asked for Democratic assistance four or five times, it was fair for the 
police officer to assume that there was intimidation, in view of Mhat Mas done, 
and the police officer said. No; he could not presume anything. So, we argued 
back and forth on it, and they stopped it tor a little Mdiile, but later on in the 
dav they started to continue. I should say there was anywdiere from 10 
to 15 votes cast that way, and I don’t believe there \vas a record kept of tlmm. 

Q. In order that this may be clear in the record, do I understand you that 
vdien a man would be seen approaching the polls he would be accosted by 
some members of the Hendricks Club? A. Yes, sii. 

Mr. Callahan. I object to that.. 

Notary Berman. Mr. O’Connell has a right to collect the evidence. 

Q And after he was accosted the man M'ould then go to the polls and ask 
for Democratic assistance?—A. This happened right inside the polls—in the 
basement of the Washington School. There are several steps down, and, as he 
came down Mr. McNulty would step forward and greet him and stop a little 
while, and then he would go in and ask for Democratic assistance. 




TAGUE VS. FITZGERALD. 


127 


and .a.sk McnXv tomirkllis'^b.n^^ ‘"™ around and point 

Q; Ind: With the voter?-A. TeJ 

ballot?—A. Yes. ’ “ *>nd tile voter would make out tlie 

M.?;^f^^^;itr<Sjrr.rouflo“7uer"'^" you saw?-A. 


. V. iv Lillies. 

IH-ecii^t'officer/mar^^^^^^ you their names. 

Ut I'c^uhTo’t^say "’ere tbey?-A. I believe so. 

O. Hniis fhnf _* .. 


A couple of the 


ooulcl not say positively. - -- —, 

Timt e“p™ctree\dl^,^tme® «'« '->w?-A. 

\v objection noted.) 

■that they were'^'anoTOl^U) havel^olne^<^Iown there ever since the time 
Q. Describe Mr. McNulty’s manner YoutiTYhJ^^^^^' 

How was McNulty actiiii? around there*?—A intimidated? 

fair. He was not so (h^istic as he ^'s Pi’otty 

as the different ones came in he would* Rnpob i- primary day 

that they have a 8011^1^1 allot of I on, snov » *"* b‘'Of«l«re is 

They po in and .nark Ibat tallot an ~ In t‘be"bL";b "'t''' T ^ '"“• 
uardeu usually to take those sample bnlfots o„f of ti I .^.’‘I’Pealed to the 
usually stopi,ed and spoke to tliein •m., f’i?oo'’®''^b, but McNultv 
cratic assistanee. " '‘’™ "■«"* «‘><1 -'isked for Demo- 

Q. What booth were you at on election davs?-A. The same one 
Yes,' s?r ^ “ "** challenged by you'there that ,lny?-A. 

at't-S.b.et"?a"*e irio'’.\Z«e"s tl’^Ttm-e'vte*"? 

and I la-Ileve four precinct officers The i m ® ‘5™ »"“rs there 

Nulty came over to ..^raXavr" Are f ® ^c- 

If you are going to make trouhli, we cLi n"ake treuhlftoo!”''® 

Q. Did he hold any official position there, Mr McNultv*?_A Nnthino- 

than a representative of Lomasney and Fitzgerald ^^thing more 

Q. AVhat did you sav to his cbnllpnfrpv a 

‘0 accl’pf"[."‘challenges, 

w^”our''^ -y dlffiS:nce“f 

oti?er v"a;;?: aufeVln.L'-"- ^ "-s no 

Q. Do you know who he was?—A. Yes. 

(}. AA ho was he?—A. I don’t know his name 

^ Q. Was he a member of the Hendricks Club or affiliated with them*?—A He 
is a member of the Hendricks Club. ' 

+1 happened when you went outside?—A. I believe that is the timp 

that McNulty voted. The idea was to get me outside 
(Mr. Callahan’s objection noted.) 

outside did you ascertain afterwards whether or not 
McNultj voted during that time?—A. No, I didn’t, but on the^check list I noted 
he did \ote during the day, so I presume it was at that time 
(Mr. Callahan’s objection noted.) 

Q. AVhere does Mr. McNulty live?—A. In Beachmont 
Q. In a town outside of Boston?—A. Yes, sir. 

Q. And he has lived there for some years?—A. Yes. 

Q. And not in the district?—A. No. 

Q. Nor in that ward?—A. No, sir. 

Q. AVhat happened then?—A. Then I went down and telephoned over to Mr 
Tagues house and told his wife to send Mr. Tague over immediately. ^ ’ 



128 


TAGUE VS. FITZGERALD. 


Q. Did Mr. Tague come?—A. I went back to the precinct and waited out¬ 
side and’he came there in about 20 minutes. Then Mr. Tague went insit^ and 
I told him the circumstances, and after being in there 10 or 15 minutes, nnally 
they allowed me to go hack in there. Mr. Tague stayed with me about liaJi 
an hour. 

Q. During that time did you challenge anybody? A. Yes. 

Q. How many?—A. Several, I should say seven or eight. 

Q. On what grounds?—A. On the ground of illegal registration. , 

Q. People who lived in the ward?—A. Did not live in the ward. 

Q. Did the warden allow you to write your name on the ballot?—A. He ap- 
])ealed to me and I refused because I didn’t have to write my name on the 

i)allOt. . . . 4 . 1 

Q. Tell us what happened when Mr. Tague was there? A. Things alon^ 

quietly for a little while, then a few more came in and I continued challenging 
the one I had on the list to challenge, and Mr. McNulty started threatening 
and parading up and down in back of me and said he wanted fair 
tlie warden was very antagonistic and wanted to pick an argument itli me, 
but having done that work before I was trying to keep cool. 4 .- o 

(}. Did the police officer have occasion to tell McNulty to stop his practice. 

A. Yes; he remonstrated with him several times and said I was right and the 
warden was wrong, but the warden said he was in complete charge, that the 
police officer didn’t have anything to do with the election. Then about 
quarter of 8, McNulty said he was goTig to have fair play, and in about la 
minutes about 20 fellows appeared there. They came inside to tlie ot 

the school and I told the police officer they had no right there and ^lould be 
put out, but the police officer knowing the power of the Hendricks Club was 

afraid to do anything. , 

Q. What did he do?—A. He didiiT do anything—said everything was all 


Q. What happened?—A. Mr. Glinn, who had been working at the precinct 
7 for me came up and said he would not stay down in precinct 7; that things 
looked rather bad down there, so I said “ Stay here with me.” 

(Objection by Mr. Callahan.) 

A. He went over and sat in the chair and one of Lomasney s gang giabbed 
bold of me by the arm and said, “I won’t stand for that. I ^^as talking^ 
to another fellow there about Mr. Glinn being frightened, and he said he 
would never know it was the twentieth century in politics. Immediately I 
pushed him away. He said, “You mind your own business” and I appealed 
to the officer, but this all seemed to be prearranged, because the minute he 
touched my arm the warden ordered us both out of the ward room, and the 
officer refused to put me out for the time being—Sergt. Lewis, and we argued 
back and forth with the warden, and once again he appealed to the citizens 
to put me out and ordered me out for the day and, of course, the idea was I 

was alone there and they ordered me out, and also one of Lomansey’s hench¬ 

men. There were 19 or 20 in there and they were all right, but there was 
nobodv in there to represent Mr. Tague. 

O The officer told you to stay out the rest of the day?—A. The warden. 

6! And in that way you were prevented from making any more challenges?— 
A. Yes: I went outside and handed out stickers for a while and talked to 
Officer Lewis and he said “ Go to election board and see what we can do.” 
Having been down to the election board on previous occasions I didn’t have 
much hopes, but I walked up to Tague’s office and Mr. Kane telephoned over 
and found that the warden was in entire authority and he could not put 
anybody out at any time if, as he said, they were raising a disturbance of 

any kind. ^ tvt • 4 . 

Q Had you been raising a disturbance of any kind?—A. Nothing except 

challenging the votes, and that was considerable disturbance in their estima¬ 
tion. . . „ , ^ 

Q. How many votes to be challenged in that precinct of men who didn t live 

there?—A. About 125. 

(Objection by Mr. Callahan.) 

A. Also the warden refused to take many of the challenges. 

Q. How many challenges did he refuse to take? 

Mr. Callahan. While he was there? 

A. I was there all the time. 


TAGUE vs. FITZGERALD. 


129 


on 


did he refuse to takTk-oL challenges 

challenged c^uTectly* ^ there were seven or eight. 

challenging.-A. Always; 

n wf^ i-efii.sed to take it?—A.' Yes 

Q: Wl>e.Vdoefhere?At'“v:;;d-,^ . 

Q. And a member of the Hendricks CluU address, 

positive. The members of the HendriclS rum /i so- I am not 

ship open to citizens to look over He is: n ® their member- 

^°o’''ti of the Hemiricks Chi Temperance 

Jojph wiih on pLiarfd!a:-rA\i?T‘S‘“^ ^ Did you challenge 
Q. On what ground?—A. Illegal reelstration' 

0. Does he live in the ward 7^4. 

cj. V\ here does he live, if voii know*? a t« t • 

Q. Another part of Bostonri Yel' DIain. 

Q. Aud not in this congressional district ?-A. Not In the district 
Cross-examination by Mr. Callahan* 

a- pli D-ylng to. 

spaiin“ifo'n‘i‘r.-itue'e5. ”f|;‘si?““ ‘p corner and 

Q. You \vere Int^ested vMViMciiin‘'thl rapacftv*^of\^"V 

no!^sii'‘‘' •™" "" Lo;nas„e.v?A';f®"P^^;,,;^P^^^. 

Have you any real liking for Mr. Lomn«;nPv*?_ a d 

objection to Mr. Lomasney, no dislike ^ ^^’’®cnally, I have no- 

Mr. Bomasney. 

I don’t'knorasTohiect''to hhn “"afl “‘PH'P^Ls'clon’t you?-A. 

n.eUioas?-A.''Yes.'‘*"' «" M-'- Lomasney’s 

heas.'^"'^ '•P'PPP^'We for his own methods?-A. Yes; I know 

. 9- methods are objectionable to you, he persoinllv wnniri i i 

jectionable, wouldn’t he?—A. I presume so Peisonallj \^ould be ob- 

Q. You have a very bitter dislike for Mr.'Lomasnev?—A. Politically* vpc 
Q. And there is not much you wouldn’t do or sav’about Mr T nnr ‘ , 

' nSVm H " ;nethods?-A. Yes; there is lots I wouldn’fsaj 
Q. M hat aie the limitations? — A. I conhne what T s;nv at. t 

absolute facts and nothing else. ^ - Lomasney to 

Q. And during these years you went throughout the district abusino- att« 
Lomasney and liis methods?—A. I abused his attemnt nt n rAPimLoi ^ . * 

Q. And his methods lead to this political monopolyAA 'yIs ' monopoly. 

A.a-et'“' Ml’. Lomasney’s ward, haven’t you?— 

tioaal''^onvenuim‘’‘'‘'" Representatives and constitu- 

Q. How many times?—A. Once in each. 

Q. And those were in two separate years?—A Yes sir 

anj'withSr^w“and'^M no? nln ''‘^D-ictr-A. I was a candidate 

getVr.‘TslZuT15:y-votes did you 
Q. And what year was that?—A. In 1915 and 1916. 
da?y?—A No sir'* Immasney or his friends to support your candi-• 

Q. In either one of those years did you ask him to help you in your candi¬ 
dacy?—A. I would not want his support; no. 

Q. Answer my question—did you ask him?—A. Of course I didn’t ask when I 
wouldn’t want his support. ’ 

122575—19-9 



130 


TAGUE VS. EITZGEKALD. 


Q. You didn’t ask him?—A. I didn’t ask him. 

Q. You like to be known as a tirm and hitter opponent of Mr. Lomasney in 
his district, don’t you?—A. I never seek advertising along those lines; no. 

Q. Haven’t you said you were the leader of the opposition in Mr. Lomasney s 
district?—A. I never said that in my life, because at that time I was not the 


leader. 

Q. Are you the leader now?—A. I don’t know. I don’t believe so. 

Q. Do you regard yourself as the leader of the opposition?—A. Not just now. 
At present I am not in politics at all. 

Q. Have you been regarded as the leader of the opposition to IMr. Lomasney 
in his district? In the last two years?—A. In the Tague contest, that is all.^ 

Q. You were the recognized leader of the opposition, is that so / A. Y"es, sir. 

Q. What precinct do you live in?—A. Five. . a- • 

Q. And on primary day and election day you were at precinct 8? A. Yes, sir. 

Q. How long have you lived in precinct 5?—A. I should say nine years. 

Q. And did you ever live in precinct 8?—A. No, sir. I lived in precinct 1, 
which at one time was precinct 8. 

This list of names which you had, were they names given you by some¬ 
body else? Dan you answer that yes or no?—A. I say they were not. 

(}. Were they a list of names you had compiled yourself?—A. A part of them; 


y0S • , 

Q. Who compiled the rest of them?—A. The majority of them were compiled 

^Q. Isn’t it a fact that was a list that you had got hold of at Mr. Tague’s 
headquarters?—A. No, sir; I made up the most of that list myself. 

Q. For that particular precinct?—A. For all the precincts in that ward. 

Q. Have vou got that list now?—A. No, sir. 

(}. Did ymi know the names or did you know the men whose names were on 
that list?—A. The majority of them, yes, by sight. 

Q. You don’t know whether or not they lived there, do you? A. I knew they 

didn’t live there. . 

Q. How do you know that?—A. Because I am a resident ot the ward and am 

around there every night in the week. ^ ^ 

Q. That the only reason?—A. On April 1 I was one of a dozen on diffeient 
occasions that covered the different hotels when Mr. Lomasney was putting 

these same voters in there to vote. A « i 

O Did vou on April 1, or at any other time, go to any of these houses to hud 
out^whether these men lived there?—A. Personally, no; I stayed outside. 

O. You didn’t inquire yourself?—A. No, sir. ^ 

O So tliRt from yoiu* own knowlodgo tind invostigcitioii you iiiiglit Iuwg iiiucIg 
you didn’t know whether they lived in the ward or not?—A. I knew they didn’t 

live in the ward. i i i 

Q. From your own knowledge?—A. From my own knowledge. 

6! And vou made no investigation yourself?—A. Some; yes. 

Q. Do you want to have it go down here and swear to it that you made any 

Investigation?— A. I made an investigation. 

Q No personal investigation?—A. I made a personal investigation of the 
telephone directory and the Boston City Directory. 

Q Let us see if you want to change your answer. I think you told me a tew 
minutes ago that you didn’t make any personal investigation yourself; that is 
that vou didn’t go to these houses personally to see whether or not these ineii 

lived there?_A. I made the investigation two or three years before and also 

this vear. I had been on this illegal registration work before. 

O Just answer the question. Did you, personally? You said you did noi. 
Did yoirpersonallv on the 1st day of April or at any other time between the 1st 
of April and the primary of last year go to the house where these men were 
registered to see whether or not they were legal and bona fide residents?—A. I 
did not go to the houses. 

Q Will you tell us, please. You took that list and without making any sue.. 
■ investigation you concluded that these men were illegally registered; is that 

gQ*?_I investigated that list before I challenged anybody. 

Q. What investigation did you make of that list?—I consulted the telephoiit. 

and the Boston directory. . 

Q. But didn’t it occur to you that the right way to make an investigation 
was to go to these houses and see whether or not these persons lived there? • 
A Go there in September? 

’q. Any time between April and September?—A. It didn’t occur to me. Thai 
would be foolish. Do you understand what kind of houses these were? 


TAGUE VS. FITZGERALD. 


131 


Q. Y<n, were l>'tereste,ri„‘'H;feamlidacf 

of^thJpolfhlK''|,'ooth.’‘' vote?—A. Not within 125 feet 

O Ann '^r*'"' f'e I'ight?—A. Yes. 

.yours came alon^j'lli^or'lOO foet^^a\v‘fv ^n candidacy and a friend of 

Mr. Tasne?-A.l wa^ i.Vihl^tl.e booth ' '"«« f®'’ 

Q. You wouhlu’t'do’u at 124 ?eet?— aTno.^^ ^ ^ “‘sl't- 

Ta^oieJ—A.'Not on tharday: no,*'*^*’ anybody to vote for Mr. 

Q. ^ on confined all your efforts to spellbindincr?—A. Not all of them • no 

yol ?^r - -.ie„.e on":'ril‘r day;7iid 

A. I’rhnary^day primary day or election day?— 

sir= s ?S'e;u„r "< 

O T ft wVl f anvaPtl-A. They paid no attention to me. ' 

vj. iliat ^^as primary day?—A, Yes. 

ele?tira day.'“* ‘®'' ^o; that was 

thOTe^wasn’? abjection to your being there at all?—A. No; 

Q. And no intimidation there that day?—A. Yes. 

onlo consist of?—A. Having- these men ask for Democratic assist- 

■ance and a Iso stopping them and giving them Martin Lomasney’s sample ballot 
o t \i yon regard as intimidation?—A. That is intimidation. 
ph^4ically?—A Yes'^*^^ somebody accosted a voter? Didn’t stop them 

Q. Grab hold of them?—A. Yes. 

Q. How?—A. Grab them by the arm: “Come over here a minnte ” 

Q. In a friendly way?—A. Yes. 

Q. And says, “Here is a sample ballot. Will yon vote this wav?’’—A. Yes. 

D. And the voter would pass on and go in and vote?—A Yes 
, Q. Is that all that was done?—A. Yes. 

9 : intimidation?—A. That wa^ intimidation. 

Q. That IS what yon call it?^A. Yes; I call it that. 

Q. Yon know, of conrse, that men have the right to ask for assistance at 
primaries and elections?—A. Yes, sir. 

Q. And yon know the formalities that are reqnired nnder those circnm- 
stances?—A. les; I know them. 

Q. Tell ns what is reqnired to be done?—A. They are snpposed to swear that 
they are incapacitated, and the reason is snpposed to be pnt on the records of 
the warden. 


Q. And what else?—A. AVhat yon mean; “what else”? ' 

Q. MTiat else is required?-A. That is all that is reqnired. TRen they have 
the right to have anybody they want to mark their ballot. 

Q. They have the right themselves, and aren’t they told the right by the 
Mmrden?—A. On some occasions. 

Q. On all these occasions, as a matter of fact, didn’t the warden tell these 
men that.they had the right to choose anybody to mark their ballot?—^A Not 
all of them; some of them they did. 

Q. Yon said yon challenged three, at least, on primary day?—A. Yes. 

Q. And that they were not considered by the warden?—A." Yes. 

Q. Did yon call that to the attention of the police officer?—^A. Yes, sir. 

Q. Who was that police officer?—A. I don’t remember now. 

-Q. Yon wonld know him if yon saw him?—A. No; I would not. 


132 


TAGUE VS. FITZGEKALD. 


! 


Q. Did you ask him his name?—A. No, sir. 

Q. Number?—A. No, sir. 

Try to identify him in any way?—-A. No. 

(^. Didn’t think that was of any consequence? Anybody else you know you 
can bring here to testify to what you say, that was present?—A. No; not that 
was present there. 

(). So you are the only one who can testify to this that you know of?—A. 
On primary day; yes. 

Q. On election day, you say, there were 10 or 15 challenges that you made?—- 
A. I made more than 10 or 15. 

Q. How many did you make?—^A. I should say about 40. 

Q. And was that the day you were removed from the booth?—A. Yes, sir. 

Q. And the police officer was there when you were removed?—A. Yes. 

Q. Did you appeal to him?—A. Yes, sir. 

Q. And wasn’t that an assault? A man grabbed hold of you, did he?—A. 
Not that I would call an assault. He escorted me. 

Q. Did you go as easy as that?—A. Yes; I went out as easy as that. 

(}. Weren’t you interested in Mr. Tague’s candidacy?—A. It was no use. 

Q. Didn’t you think he wanted a representative there?—A. Yes, 

Q. And you went out without a protest?—A. I told you before I protested. 

Q. This fellow just led you out this way? Took your arm, and said “Gome 
on ” ?—A. He didn’t even take my arm; I walked out. The warden told me 
to go out, not him. The police officer told me I had better go. 

Q. Didn't you say you appealed to a citizen, and the citizen took you along?— 
A. Didn’t take me out; I walked out with him. 

Q. Walked out with you?—A, That is all. 

Q. Didn’t you say on direct examination he put you out?—A, He didn’t put 
me out. The warden ordered me out, and I went out. I appealed to the 
police officer, and he said I would have to go. 

Q. What was his name?—A. Sergt. Lewis, 

Q. And was he'there when this fellow ordered you out?—A. Yes, sir. 

Q. Didn’t you say at some time that you were led out, and the warden ap¬ 
pealed to this citizen, who was a member of tbe Hendricks Club?—A. I may 
have said I was led out, but I didn’t mean it. The warden told the police 
officer that he ordered me out for the day, and the officer said, “ You are all 
right. You are making more trouble than this man is yourself,” but the 

warden said, “ I appoint Mr.-to see that Mr, Gibbons goes out.” 

The police officer said “ You had better go out; the warden is in charge.” 

Q. You went out of your own accord?—A. I walked out. I didn’t tell you 
about the 12 that followed me out, either. 

Q. Have you got the names of the men whom you were challenging on elec¬ 
tion day?—A. Have I got them now? 

Q. Yes?—A. No; I have not. 

Q. Did you know the names of them that day?—A. Yes, sir. 

Q, And on all these challenged votes, did you give your name as the chal¬ 
lenger?—A. Yes, sir! 

Q. And your reason?—A, Yes. 

Q. And weren’t they accepted?—A. Some of them were and some of them 
were not. The warden was very antagonistic. 

Q. You made 40 challenges?—A. I should say about 40. 

Q. Do you know how many were accepted by the warden?—A. I never heard 
of them from the election board. 

Q. Did you inquire?—A. Yes; but thev said they couldn’t tell me offhand. 

Q. Wasn’t it possible for you to find out right there whether the warden 
accepted your challenge or not-?—A. On some occasions it was. On some occa¬ 
sions he would not even answer me. 

Q. When you challenged a vote you said, “ I challenge that vote”?—A. Yes. 

Q. Did you give your reason for it?—A. Yes. 

Q. Then the warden either accepted that challenge or he didn’t. Isn’t that 
so?—A. Sometimes he did and sometimes he paid no attention. 

Q. He did or he did not?—A. He did and he did not. 

Q. How many times did he accept your challenges?—A. I could not say off¬ 
hand. 

Q. Didn’t you keep a record of them?—A. No, sir; I didn’t keep a record of 
those he accepted or didn’t accept. 

Q. Didn’t keep a record of them?—A. No, sir. 

Q. So you can not tell out of the 40 challenges how many the warden 
recognized ?—A. I should say he answered me about 19 or 20 timek 




TAGUE VS. FITZGERALD. 


133 


woul/be carried out o" wriHn-'youTntmr'an®! formalities 

<?hanenj?er?—A. Yes. ^ name and the reason and the name of the 

Q. No, Sir. 

Q. lou were asked to testify ?_A. No sir 

votes on primary Xj^any’Dme befor^n”^^ challenged these 

anybody. ^ ^ the hearing?—A. No; I didn’t tell 

Q. On eleouon day?-A. ’“A. Not on primary day. 

evmiiiK! so to Mr. Tague’s office?—A. Not until the 

i:='.K.'rr£r.'s£j“ stA r,-;;: 

§: ™ SI SI E'l «“» »’-»■ '■«» 

Q. Did you tell Mr. Kane, his secretary?—A Yes 
knjv wharyou^a4 tostifleV'toir*^^^ they 

can<iida"et?-A."YeslMr.‘'‘ Mr. Tague’s 

A.^Yes,^s\r!^^^ <iidn’t ask you to testify before the commission? Is that so?— 

th?Vear“ <1®®«H®®—A. You must remember I work 365 days in 

“ — ss .rx.s 

ye?or^no.“'' ^ '"'""'®‘' “ ^ ®“ “»t answer it 

Q. You can’t? Why not?—A. I can not. 

Q. Mdiy?—A. Not the way you ask it. 

uou /f^ divide it. At any time, sir, before the hearing at the office of the 
yoi to teltiYy ?-!!'Yes"?'^ O’Connell ask 

Q. They did?—A. Yei 
Q. Mffiich one of them?—A. Mr. Kane. 

Q. Did he ask you to come to the commission to testify ?—^A Yes 
Q. And did you go there to testify?—A. Yes. 

Q. Why didn’t you testify?—A. I wasn’t called. I could not stay there 
Q. How long did you stay there?—A. About an hour and a half ^ 

we?e differfnToneT'^^'''^^ '''' there?-A. There 

T Oibbons, did you say, “ I came here and 

^ ^ Hindi time and I would like to testify ”?—A. No; I didn’t 

Q. lou simply came into the room and sat\lown, and didn’t care whether 
they knew you were there or not?—A. I sat alongside of them 
Q. They did know you were there?—A. Yes. 

Q. lou didn’t ask them to put you on the stand to testify?—A Yes 

fnm alleged'intimidation?—A. I 

told them about the intimidation. 

Mr. O’Connell. Let me furnish you now with this list of witnesses. 

Mr. Callahan. And as I agreed, I will accept service. 

Redirect by Mr. O’Connell: 

Q. You were asked if .vou went to the house. What kind of houses was it 
hotels"”* t’® registered from?—A. -What I would call one-night 


134 


TAGUE VS. FITZGERALD. 


]Mr. Callahan. I object to wbat be calls them. 

(Mr. Callahan’s objection noted.) 

Mr. O’Connell. Everybody understands what that means. 

I want to call your attention to section 280 of chapter 835, acts of 1913, which 
provides, in substance, that no postal card, handbill, placard, picture, or other 
similar subject shall be posted, etc., in the polling' place. Patrick McNulty had 
these sample ballots within the polling booth?—A. Yes, sir. 

Q. He was a Lomasney man?—-A. Yes. 

Q. He was distributing them within the booth?—^A. Yes, sir. 

Q. And the voters he gave them to took them inside?—A. i'es. 

Q. Describe the practice and the significance of the practice in ward 5, as it 
was understood, of approaching a man who was about to vote and then getting 
somebody to ask to have somebody mark his ballot for him. What was the 
importance and signficance of that? 

Mr. Callahan. I object to his testifying as to the custom and the significance 
of the custom as understood by others. 

Notary Berman. If you know you can testify. 

(IMr. Callahan’s objection noted.) 

A. Ordinarily when there is any doubt as to whether a man is with the Hen¬ 
dricks Club they have them vote that way. They have them ask for Democratic 
assistance, so, as they say, to know he is all right. 

Q. And a man does not dare to refuse them?—A. Ordinarily; no. , 

Q. How many followed you out when you were ordered to go at that time?— 
A. About 10. 

Q. And they were the Hendricks Club followers?—A. I don’t know whether 
they were members or not. They were young men there in the interest of 
Lomasney and Fitzgerald. 

Q. This investigation you made of these voters not living in the ward, was 
that done with the assistance of others?—A. Yes. 

Q. Others who were interested in purging ward 5 of illegal voters?—A. Yes. 

]\Ir. Brogna. When counsel confer with each other as to what evidence should 
go in they should confer far enough from the witness so as not to hear what 
was said. 

Notary Berman. I don’t think Mr. O’Connell has done anything here to jus¬ 
tify that to go into the record. 

Mr. O’Connell. I ask that his remarks should be stricken from the record. 

Notary Berman. The record may stand as it is with the understanding that 
the court has not noticed any misconduct on the part of Mr. O’Connell or his 
associates. 

By Mr. Brogna : 

Q. Can you give us the names of the 10 young men who followed you out, 
Mr. Gibbons?—A. Not all of them. 

Q. Can you give us the names of any of the young men that followed you 
out?—A. No; I can not. 

Q. Did they accost you as they walked out?—A. No. 

Q. How old are you, Mr. Gibbons?—A. 28. 

Q. How much do you weigh?—A. 195 pounds. 

Q. This investigation you said was conducted by others. Did you see per¬ 
sonally in what way it was conducted by the others?—A. Yes; I helped them, 

Q. And who was it conducted by?—A. Several others. 

Q. Who?—A. Different ones. 

Q. Who? Give us their names?—A. Michael J. Flynn was one. 

Q. When?—A. Previous to the primary. 

Q. After April 1, 1918?—A. Yes, sir. 

Q. Who else? 

Mr. O’Connell. Y^ou don’t need to give those names unless you want to. 

A. There were others that helped me. 

Q. Who were they?—A. Young men. 

(L AVhat are their names?—A. I would not tell you their names. 

* Q. You won’t give the names?—A. No. 

Q. Do you know them?—A. Some of them. 

Q. Do you know the names of others than IMichael J. Flynn who helped 
you?—A. Yes. 

Q. And you won’t give the names?—A. Not necessarily. 

By Mr. O’Connell: 

Q. I don’t know as I took up the matter of the threats made against you that 
day, but I am going to ask you to tell me, along with the threatening attitude 


TAGUE VS. FITZGERALD. 135 

Mc^llltJ, what threats were made and just how they were made to 

personO^^^^^^ characterization of the attitude of some 

question is proper. 

-.a. .>een Uu-eatenea I 

E-eou;.a^:";-; "o n;r s 

cl.?d";!;?awnyZm'u;^"^*“'"'' fy-g ‘o the 

Q. What <ll(i you understand hy the expression “they would eet you’"* 

A Jj™nt a heating. There was no other way they could get ?ne ® ^ 

Q. Hoiy long have you lived in the West End?—A. Twenty-five years 
Q. Living there now?—-A. Yes, sir. uve ;seais. 

Q. Have you been beat up yet?—A. No, sir. Do I look it? 

John T. Gibbons. 

Mr. O’Connell. Notice has iieen served on Mr. Callahan of the witnessect 
^dio will be examined next Monday. Mr. Callahan has accepted it and it is 
lead into the record as having been properly served on him. 

X otary Kerman. All witnesses who have been summoned and who have not 
been heard will be here on Monday morning at 10 o’clock. 

Ihis hearing is adjourned until Monday morning next at 10 o’clock. 

Commonwealth of Massachusetts, 

Suffolk, ss: 

Ev Abraham G. Berman to take and reduce to 
wilting the testiiiioiiy of the witnesses in the contested election of Peter P 
Tagiie f. Jhliii F Fitzgerald, having first been duly sworn by the notary do 
hereb.y make affidavit that I have truly and correctly recorded and traXribed 
the evidence of the above witnesses within this book. 

Boston, Ma.ss,, May 5, 1919. 

Personally appeared above Dora H. Barnes and made oath that statement 
Signed was true to the best of her knowledge and belief. 

r ^ Abraham C. Berman. 

Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 125 pages 
together with the notice of contest and answer, is a true and correct copy of 
the testipiony taken before me under oath in the contested election of Peter F 
Tague V . John F. Fitzgerald, beginning February 19, 1919; exhibits herein re¬ 
ferred to are marked as described and made part of this record. 

Boston, Mass., May 5, 1919. 

Abraham C. Berman, 

Mrs. AGNES HURLEY. Notary Public. 

Direct examination by Mr. O’Connell: 

Q. Your full name is what, Mrs. Hurley?—A. Agnes Hurley 
Q. Where do you live, Mrs. Hurley?—A. 10 Oregon Street, Roxbury. 


136 


TAGUE VS. FITZGERALD. 


Q. And you are the wife of John Hurley?—A. Yes, sir. 

Q. And how long have you lived with your husband at 10 Oregon Street, Rox- 
biiry?—A, Be there three years next May. 

Q. And yon live there with your family?—A. Yes, sir. 

Q. You never lived at the Hotel Lucerne, in Boston, of course?—A. No, sir. 

Q. And your hushand is a carpet layer?—A. Yes, sir. 

Q. What does your family consist of?—A. Two children. 

Q. Two young children?—A. Yes, sir. 

Q. What are their ages?—^A. One three years and the other a year and five 
months. 

Q. Your hushand votes in Roxbury, if you know?—A. I don’t know that. 

Mr. Callahan. Just a moment; I object. 

Q. Do you know where your husband votes?—A. No; I don’t. 

Mr. O’Connell. That’s all. Mr. Hurley, take the stand, please. 

JOHN HURLEY. 

Direct examination by Mr. O’Connell : 

Q. What is your name, Mr. Hurley?—A. .John Hurley. 

Q. You are the husband of Mrs. Hurley, who has just testified?—A. Yes, sir. 

Q. What is your business?—A. Carpet layer. 

Q. You work for whom?—A. C. C. Bailey, 48 Canal Street. 

Q. Where do you live?—A. 10 Oregon Street, Roxbury. 

Q. Where do you vote?—A. In ward 10, precinct 2. 

Q. Did you vote there on election day?—A. No, sir. 

Q. Be good enough to write your name on that [giving witness summons to 
write upon]. (Paper marked “Exhibit 23.”) 

(Colloquy:) 

Q. That is your handwriting?—A. Yes, sir. 

Mr. O’Connell. That’s all. 

Mr. Callahan. No questions. 

Q. .lust one more question. You were registered last April from 10 Oregon 
Street, Roxbury?—A. Yes, sir. 

Mr. O’Connell. That’s all. 

FRANK G. SMITH. 

Direct examination by Mr. O’Connell ; 

Q. What is your full name?—A. Frank G. Smith. 

Q. And what’s your business? 

]\Ir. Bkogna. What’s his name, please? 

The Witness. Frank G. Smith. 

Q. What’s your business?— A'. Bookkeeper. 

Mr. Brogna. What’s his address? 

Q. Where do you live?—A. 61 Hillside Street, Roxbury. 

Q. You are not married?—A. No, sir. 

Q. And live with your father and mother at 61 Hillside Street?—A. Yes, sir. 

Q. Any others in the family there?—A. No, sir. 

Q. Just your father and your mother?—A. Yes, sir. 

Q. How long have you lived there?—A. 20 years. 

Q. With your father and your mother all that time?—A. Yes, sir. 

Q. What’s your father’s business?—A. City weigher. 

Q. Where?—A. Southampton Street. 

Q. What’s your father’s full name?—A. John C. Smith. 

Q. Where do you vote?—A. I don’t vote. 

Q. Have you ever voted?—A. No, sir; I wasn’t of age until January 30. 

Q. Do you know where your father votes? 

Mr. Callahan. Wait, wait. 

]\Ir. Berman. If he knows. 

(Colloquy.) 

IMr. Bp:rman. Note IMr. Callahan’s objection. 

Q. Go ahead, Mr. Smith, please. Do you know where your father votes?—A. 
I know that he votes in ward 14, the Coleman School. 

Mr. O’Connell. That’s all. 

Mr. Callahan. No questions. 


Frank G. Smith. 


TAGUE VS. FITZGERALD. 


137 


Mrs. MARY MURPHY. 

Direct examination by Mr, O’Connell: 

n name?—A. Mary Murphy. 

o' And how GJold Street, South Boston?—A. Yes, sir 

O Yo. C i tf there-A. I have lived thS 17 years 

Q.' wZt does hU,lei' J- Murphy?-A. Yes, sir. 

V 'jnnr aoes he do?—A. He is a painter. 

Yes.' sl“ '™ Haven & Hartford Raiiroad?-A. 

Q: Dennis '™'Mm.phy“r'Z7''® *“"• 

Hr. O’CONNELT.. Tiiat’s ali, Mrs. Murphy. 

Ml. Callahan. A"o questions. 

DENNIS J. iMURPHY. 

Direct examination by Mr. O’Connell: 

Q. Wliat is your fuii name?—A. Dennis J. Murphy. 

Souti: BosC ■" "■',ere?-.4. One hundre.i and eighty-fonr Goid Street, 

Eahr^ad' New York, Yew' Haven & Hartford 

Q. How iong iiave you liver on Gold Street?—A. About 17 or 18 vears 

paper']*”* y"”*' »‘S»ature’ou that?-[Giving witness 

A. Anywhere? 

Q. Yes; anywhere. 

(Paper marked “Exhibit 24.”) 

Mr. O’Connell. That’s all, Mr. Murphy. 

Mr. Callahan. Wait a minute. 

Cross-examination by Mr. Callahan: 

South Boston last election day?—A Yes 
g. Did you vote there on the primary?—A. I think I d'id. 
g. How old are you, Mr. Murphy?—A. Forty-five 
g. And how high are you?—A. Five feet five."^ 
n HU ^ weigh ?—A. One hundred and seventy-three. 

da?e, wdlellV^^ms Boston ?-A. I don’t know the exact 

g. You have voted every time since then?—A Yes sir 
g. Always in South Boston?—A. Yes, sir. 

Mr. Callahan. All right. 

Mr. O’Connell. You never voted down in ward 5’ 

The "Witness. No. 

Mr. O’Connell. That’s all. 

Mrs. GEORGE MOONEY. 

Direct examination by Mr. O’Connell: 

Q. "What is your full name?—A. Philester M. Mooney 
g. You are the sister of Sylvester De Rosa?—A. Yes', sir. 
g. IMr. De Rosa is in the liquor business?—A. No; bartender, 
g. Where do you live?—A. Seven sixty-one Broadway, Somerville 
g. And does your brother live with vou?—A No 

y. \Vliere does your brother live?—A. He 'is ,n single man. I don’t know 
H Imre he lives. I guess in town. He stays wherever he feels like it 
g. How much time does he stay with you?—A. Very little, 
g. M'hat do you mean by that?—A. It might come a stormy night and it was 
getting late and he might stay all night, otherwise—I’m his sister it is mv 
home, and he is welcome to it if he feels like staying, but if he don’t feel lik- 
staying he goes. '' 

g. He has the key to your home?—A. Yes, sir. 

Q. So he comes in at all times he pleases?—A. He don’t come very often. 

g. But he has the key and he can come any time he pleases?_A.'Yes ’ it is 

my home; it is my home and he is welcome to it. • " • > 


138 


TAGUE VS. riTZGEKALD. 


Q. He doesn’t live at any other ])lace you know of?—A. I think Hotel 
Lucerne, if that’s the place, in the West End. 

Q. Did you ever call on him in the West End at the Hotel Lucerne?—A, No. 

Q. Any of your family ever call on him?—A. No, sir; we didnt’ have any 
occasion to call on him; he does all the calling. 

Q. You don’t know where it is?—A. l^es; it is the old Hampton House on 
Causeway Street. 

Q. Ever seen it?—A. Yes, I have, 

Q. Do you recall telling anything about your brother to anyone in effect that 
he has always lived with you?—A. No, I don’t. 

Q. Outside of some nights he has stayed away on some business he has al¬ 
ways come home?—A. No; I don’t know. 

Q. Have you talked al)out your brother to anyone?—A. There was a man 
came to the house not long ago. I don’t know who he was looking for. I sup¬ 
pose he was looking for him. I told him he could find him over there, or at 
his place of business. I told him I never knew when he could find him at my 
house, because he only came at intervals. 

Q. Where is his place of business?—A. On Causeway Street. 

Q. Who does he work for?—A. I think a man named Mr. Ryan. 

Q. How long has he worked for Ryan?—A. I guess he has been there three 
or four years. 

Q. Have you talked with your brother recently?—A. Recently? Yes; he was 
out to my house three days ago. 

Q. And that was i*ight after you got the summons?—A. Yes; after I got the 
summons. 

Q. You notified him?—A. I told him I had it. 

0. And he came out to talk with you about it?—A. Oh, yes. 

Q. Did he tell you where he was living?—A. Yes; he told me then if I wanted 
him, he said “ You know where you can always find me.” 

Q. You and he discussed where he lived and discussed about the Tague and 
Fitzgerald contest?—A. No; I didn’t know anything about it. I didnt’ want 
to be brought into this matter. 

Q. You didn’t want to be brought into it, but you told him, you discussed 
with him?—A. I tohl him I didn’t think it was necessary for me to be here. 

Mr. O’Connell. That’s all. 

Mrs. KATHERINE CROWLEY. 

Direct examination by Mr. O’Connell: 

Q. What is your name?—A. Mrs. Katherine Crowley. 

Q. Y^ou are the wife of Daniel J. ?—A. Yes, sir. 

Q. And you live at 37 Wolcott Street, Everett, INIass.?—A. Yes, sir. 

Q. How many children have you?—A. I haven’t any children. My husband 
has children. 

Q. How many; two?—A. Two. 

Q. Where do those children go to school?—A. They don’t go to school. They 
are about 30 years of age. 

Q. Live with you?—A. Live with me; yes. 

Q. And with Mr. Crowley?—A. Yes, sir. 

Q. That is, the four of you live together?—A. Together. 

Q. They are not married, as I understand?—A. Not married. 

Q. Now, what is Mr. Crowley’s business?—A. Mr. Crowley works for Swal¬ 
low, Pales, City Square, Charlestown, groceries. 

Q. That is liquor business?—A. Grocery. 

Mr. Hakkington. And liquors. 

INIr. O’Connell. Groceries and liquors. 

Q. How long have you lived at 37 Wolcott Street, Everett?—A. I have been 
married six years and lived there since I was married. 

Q. Was he living there before then?—A. No. 

Q. You went there to live after you were married?—A. Yes, sir. 

Q. Who owns the house?—A. John Casey. 

Q. Tiunt is Lawyer Casey?—A. Lawyer Casey. 

Q. Y^ou never lived at 19 Causeway Street, Boston?—A, You will have to 
speak louder; I am hard of hearing. 

Q. YY)!! never lived at 19 Causeway Street, Boston?—A. No, sir; I never 
lived in Boston. 

Mr. O’Connell. That’s all, Mrs. Crowley. 


TAGUE VS. FITZGERALD. 


139 


Mrs. FRANCES A. ALDERS, 
n examination by Mr. O’Connell: 

Q. WlSeJe^rvou A. Alders. 

ci- gmf”’East Boston. 

Q. ^^•l.nt’; liL‘busi7/ess^^^roui’i/ir'’'^^ brother-in-law. 

Q \Mien '*he"4iV town, he lived there?— A Yes 

“Yes"-I 'vea “* “> ‘-™' '>« “ved with .vou?"lour answer is 

around here?—A. ^I^^eaflv Thiid^Tt known to be 

house. a year ago that he was at iny 

then?—A. Not^ one^ of us^ family, to your knowledge, seen him since 

q; ^:Jy 

Mr. O’Connell. That’s all. 

Mr. Callahan. No questions. 


Mrs. NORA M. THORNTON. 


Feances a. Aldebs. 


Direct examination by Mr. O’Connell: 

Q. What is yonr full name?—A. Nora M. Thornton 

Q; And flrnffs ars4;:'g;;:eh;sfer"-lrY;^sfr- ” 

years.“°"' Dorchester?_A. About three 

Q. Do vou know Wiiliam .1. Thornton?—A. Yes; my husband 
Q. And he lives with you?—A. Yes. nsoand. 

Q. He lived with you at Everton Street, Dorchester ?—A Yes 

o yon?—A. Four married daughters 

Q. Any of them live at home with yon?—A. Yes 

Herald."'^ business?—A.'Pressman on the Boston 

A.^No'^°“ Eucerne tiie 1st of iast April, of course?— 

Q. Neither did yonr husband?—A. No 

A.^Yel.””'’ y®« home in Dorchester at that time?- 

Q. About how old is yotir husband?—A. 57. 

Q. About how heavy a man is he?—A.’weights about 170 
Q. About how tall?—A. Very short. 

Mr. O’Connell. That’s all, Mrs. Thornton. 

]Mr. Callahan. Wait a minute. 

Cross-examination by Mr. Callahan: 

• hasband Js where he can be summoned at any time, is he’—4 Yes 

home, loO IVashington Street, or the Boston Herald 
Mr. Callahan. That’s all. 


Mrs. HANNAH J. DONOVAN. 


Nora M. Thornton. 


Direct examination by Mr. O’Connell : 

Q. AVhat is yonr full name?—A. Hannah J. Donovan. 

Q. IVhere do you live?—A. 21 Prospect Street, West End 
Q. Do you know Peter Ducalo?—A. Yes, sir. 

Q. What relation?—A. No relation. 

(}. Does he reside with you?—A. He did. 


140 


TAGUE VS. FITZGERALD. 


Q. Up to when?—A. Four or five weeks a?:o. 

Q. Do yon know where he is now?—A. 19 Causeway Street, 

Q. Prior to that he lived with yon?—A. Yes. 

Q. How old is he?—A. He is a man about 63—62 or 63, 

Q. And his business?—A. Carpenter. 

Q. Carpenter?—A. Yes. 

Q. How long has he been on Causeway Street?—A. He has been only two or 
three weeks now. 

Q. Two or three weeks. That’s all, 

Mr. Callahan. No (piestions. 

Mr. O’Connell. .Tnst one question. 

Q. Where did he live the first of last April, with yon on Prospect Street?— 
A. Yes, sir. 

Mr. O’Connell. That’s all. 

NELLIE M. CLEMENS. 

Direct examination by Mr. O’Connell : 

Q. What is yonr full name?—A. Nellie M. Clemens. 

Q. Where do yon live, Mrs. Clemens?—A. One hundred and twenty-five St. 
Botolph Street. 

Q. What suite?—A. Four. 

Q. Yon are married?—A, Yes. 

Q. And have no children ?—A. No. 

Q. How long have yon lived there?—A. Be two yenrs next .Inly. 

Q, And yonr husband’s business is what?—A. Publisher. 

O, What, publisher?—A. Yes, sir. 

Q. Advertising business?—A. Yes, sir. 

Q. How long have yon lived at St. Botolph Street?—A. Two years next .Inly. 

Q. Abont how old is yonr hnsband?—A. Thirty-three. 

Q. Do yon know Harry .1. Fowler?—A. I know of him. 

Q, What’s his business?—A. I couldn’t tell yon. 

Q. How long have yon known him?—A. Not a very long while. 

Q. Does he live with yon?—A. No; he doesn’t. He lives underneath, 

Q. Same house?—A. Yes, 

Q. How long has he lived there?—A. Well, I really couldn’t tell yon. I don’t 
know. I imagine abont a year. They lived there befoi-ie they bought the place; 
they roomed there. 

Q, And bought the place now and own the place?—A. Yes. 

Q. And have owned it for abont a year?—A. I think so; I conldn’t tell yon. 

Q. He lived there before be bonght it?—A. He roomed there. He bought the 
fnrnitnre. Hp didn’t iniy the house. He bonght the fnrnitnre, and he lives 
there now. He didn’t buy the house. 

Q. Before he bonght the fnrnitnre?—A. He roomed there for a while. 

Q. I take yen would say abont a year prior he'lived there for some time?—A, I 
conldn’t say how long. 

O. Mr. Fowler Is a man abont -^0?—A. I should think so; yes. 

Q. What’s his business?—-A. I think publishing, advertising business. 

O. Has he any wife?—A. Yes. sir. 

Q. Lives with his wife there?—A. Yes. ‘ s 

O. No children?—A. No. 

O. How tall a man is he?—A. I don’t know. I should say abont 5 feet 6 or 7. 
Q. Abont as tall as yon?—A. No; he is not as tall as I am. 

Q. How tall are yon?—A. Five, ten, I think. 

O. Are yon? I didn’t think yon were as tall as that. 

Mr. O’Connell. That’s all, IVIrs. Clemens. 

Mr, Callahan. No questions. 


NELLIE LOMASNEY. 

Direct examination by Mr. O’Connell; 

Q. IVhat is yonr fnll name?—A. Nellie Lomasney, 

Q. Where do yon live?—A. Seventy-nine St. Alphonsns Street. Roxbnry. 

Q. How long have yon lived there?—A. Should say abont 10 years. 

Q. Do yon know .lohn Lomasney?—A. I have a brother .lohn. 

Q. He is yonr brother, and yon live there with yonr father and mother?—A. I 
keep house for father and brothers. 


TAGUE VS. FITZGERALD. 


141 

John—they are^John^J^a^iK?ja^^^ ^hey?—A. Two brothers; 

American. ^ biothei John s business?—A. Newspaper driver for the Boston 

§; Ye. 

Q. Tall arvoa'” ‘t al^out as tall as I am. 

not. * * esiiine you are related to Martin Lomasney?—A. I think 

Mr. O'Connell. I think that’s all. 

Tile Yef" American, does he? 

Mr. C.rLL.iHAN. All right. He can be summoned. 

KATHERINE LYONS. ' 

Direct examination h.v Mr. O’Connell • 

I—■ 

I»~S’» ■ 

Q. Mhat s his wife’s name?—A. Emma 

I S sssrEiS;;.'; “ 

Q.' Vtat’s tell you. 

tel?hoLV taa“ "■®" ™«n?-A. Yes; very tall. I really couldn’t 

45?^iu-s"'“ that must be about 40 or 

Mr. O’Connell. That’s all. 

Mr. Callahan. AVait a minute. 

Cross-examination by Mr. Callahan: 

si/;'Am not J«h'‘ L. Smith?-A. No, 

Q. Did anybody talk to von about thi«: Air 

;"i'l sSi^iir' i?rh‘e z, ”s th?r vld^? r 

told him he had lived there quite a whdr' ^ ‘“'S: I 

(liLbi’t^-nnw“ i'T"’,t'’ ttsked you’—A No sir- T 

t know—a dark-complected young man ^ ® ^ 

ke represented himself as an officer?—A. No 

- 

who he wa^Aand^wl^^ was-did he saj: 

offl?e?A^No!'sir";%X’t?raHdnr‘''''"‘’' 

Pr‘ volunteered that information?—A No 

IVIr. Callahan. That’s all. 

IMrs. MARY E. ROGERS. 

Direct examination by Air. O’Connell* 

Mr Callahan. Our objection may be noted 
Q. Kindly give us your full name?—A. Alary*E. Rogers. 


142 


TAGUE VS. FITZGERALD. 


Q. Where do you live?—A. 38 West Newton Street. 

Q. How long have you lived there?—A. Seven years. 

Q. And did you own a lodging house at 429 Shawnut Avenue?—A. I did. 

Q. How many years did you own it?—A. Five. 

Q. And you were familiar with the boarders and lodgers you had there?—A, 
Yes, sir. 

Q. Did you have a lodger there by the name of Kohler?—A. I did not. 

Q. You had one by the name of Hoar?—A. I did. 

Q. What was his name?—A. Edward H. 

(}. Did you ever have a .John J. Kohler—K-o-h-l-e-r?—A. No; I never did. 

Q. And no man by that name ever lived at that house?—A. No. 

Mr. O’Connell. That’s all. 

Cross-examination by Mr. Callahan : , 

Q. You live at 38 West Newton Street?—A. I always lived at 38 West Newton 
Street. I have that house. I run the two houses; they are quite close together. 

Q. You run two lodging houses?—A. Yes, sir. 

Q. One at 38 West Newton Street and one at 429 Shawmut Avenue?—A. Yes, 
sir. 

Q. You live at 38 West Newton Street?—A. Yes, sir. 

Q. And who conducts the house 429 Shawmut Avanue?—A. Well, I don’t 
have it now, I don’t know, but when I did, I conducted it myself. 

Q. Now, when was the last time you had control of the liouse, 429 Shawmut 
Avenue?—A. The 1st of November last. 

Q. The 1st of November, 1918?—A. Yes; I sold out then. 

Q. And before that time you had it four years?—A. About five years. I ran 
it myself. 

Q. By that you don’t mean you were there every day?—A. I was there every 
day some part of the day. I used to tell them 1 slept at 38, because I called 
that my home, I called one place as much as another. 

Q. Four twenty-nine is right around the corner?—A. Right across the park— 
Blackstone Park. 

Q. Did you on the 1st of April give a list to the police officers?—A. Yes. 

Q. Did you last year give a list of 429 Shawmut Avenue?—A. I suppose I 
must have. 

Q. Did you or didn’t you give a list?—A. They demand a list; I can’t really 
remember; I couldn’t say positive, sure. 

Q. Did anybody every ask you whether you did or not?—A. I know they 
always left a list for me to fill out. 

Q. You filled out a list for 38 West Newton Street?—A. Yes, sir. 

Q. And don’t you know whether you filled out one for the other?—A. Yes; I 
filled out one for the other. 

Q. All right, and you know, of course, when a man’s name may be left out on 
the 1st of April, the officer comes around sometime during the* year and asks 
you whether or not that man was there the 1st of April?—A. Yes! 

Q. You know that?—A. Yes. 

Q. And during the year did anybody come to your house and ask if anybody 
on the list the 1st of April you had forgotten?—A. I don’t remember any. 

Q. Do you keep a book with your lodger’s names?—A. I do now, but I didn’t 
then. The 1st of October we were compelled to have a register, and since then 
we have all the names. 

, Q. You are compelled to have a register?—A. Now. 

Q. And until that time you had no register?—A. Not particularly. 

Q. And kept no particular accounts —A. No, sir. 

Q. Your lodgers paid you?—A. At the end of every week. 

Q. At the end of every week and you kept no books. Now, it has been your 
experience, Mrs. Rogers, this is a lodging house district entirely?—A. l"es, sir. 

Q. The whole section of the South End is a lodging house district?—A. Yes! 

Q. And it has been your experience the lodgers change from one house to 
another, do they, during the course of a year?—A. Yes. 

Q. And they change frequently, don’t they?—A. Well, yes; some places they 
do. 

Q. It is a custom there for a person to be living on West Newton Street to¬ 
day-A. Yes, sir. 

Q. And probably in two months living on Brookline Street?—A. Yes, sir. 

Q. Or Shawmut Avenue?—A. Yes, sir. 

Q. Or Washington Street?—A. Yes, sir. 



TAGUE VS. EITZGEEALD. 243 

Q. It is a common thimr 

Q. Mrs. Roa-ers if vm. Mould you say “ Yes? A 

o' i^iiybody else have given it***_A Nn 

Q- If you didn’t?—A. No. ^ 


Mrs. NORA BROAVN. 


Mary E. I^ogers. 


r. !>-'• Ml'. O'Connell: 

M hat IS your full uame*^—A ATi’s at^^vo t> 

Q. Ho«- long li?TO you'liTOl ftereT-^T's-"* Charlestown. - 

Q.' That's also in\SIfJs'Swf---V’'Yes'^^^^^ Onftw?ty.seyen Chelsea Street. 

Q. Dhr.yon liv4°“il 137 ChVlsea^strlefVr'lor'l'’T'”?''‘f' 

Q: ArJanL l‘In,?A:j"Sf ‘hehes. 

(1; ?:!; :: ^-t Hye, I Shomd .say. 

and he IsS* feefsTnohe^fkn'ow ^ his papers, his Spanish War papers, 


Mrs. ELLEN WILSON. 


Nora Brown, 


Diiect examination by Mr. O’Connell: 
o is your full name?—A. Ellen AVilson. 

(1; Ttatlsin Chnn-tl- Ayenue, Roxbury. 

Q. Do you know Edward D. O’Dwyer?—A. Yes I do 

Q. How long have you known him?—A. Since’he was a little hm, 

Q. .\ny relat ye?-A. Yes; a nephew of mine ‘“’® 

house the iiiontro'y.Walxd"'and sa'^'^hr fells'^ ls**r-’’ 

an.yhody wants him, he sayCto teTthem hf^ ™t he e 

June when he comes hack again ‘ '“®’ "“Ml 

he'leayesmMmr. ^ ^now where he goes after 

Q.’ rs''no}Ta.!H:;^A'’"ZTir “ree years. 

Q. How old is he?—A. Thirty-two. 

Bostom''' of .«'« city of Boston?—A. City of 

mS'J'’“ yo" SOf ffio summons?—A. Yes I have seen 

him since I got the summons. ^ nave seen 

Q. You talked with him, of course?—A No - T dirin’f r.nn£-mrx,. 

his business. I thought it was for something else^ " ^ ^ 

Q. You knew about this contest?—A. Yes; I did. 



144 


TAGUE VS. EITZGEEALD. 


Q. You say li6 comes back to you about when? A. June, some time, 
o' What makes you say June?— A. Because he does come back in June. 

6. Do YOU keep any record?—A. No; I don’t keep any record. 

Q. From June until some time in March he is away from your house A. 
About the middle of March he leaves my house. 

Q. And doesn’t tell you where he goes?—A. No, he don’t. 

Q. Where do you send his mail during that time?—A. I don’t send his mail 
an>\vhere, because no mail comes to my house for him. 

Q. During the year there isn’t any mail?—A. No mail comes for him. 

Q. Where does his mail go?—A. Over to the building where he works. 

Q. You live with your children and he is a boarder during the last year? A, 
No; just a roomer. 

Q. And a roomer during the last year?—A. Yes. _ 

Q. Did you ever live at 382 Hanover Street, Boston?—A. No, sir; I never did. 
Q. Do you know anybody that lives there?—A. No, I don’t. 

IMr. O’Connell. That’s all. ^ ^ 

Mr. Bekman. Just one question. During the time he is away he is still work¬ 
ing during that time at the park department? 

The Witness. As far as I understand. 

Q. You don’t understand he leaves the city? —A. No; he don’t leave the city. 
Q. Do you see him at all during that time?—A. No. 

Q. Sundays or holidays or any other time?—A. No. 

Q. In case of accident you could communicate with him?—A. I don’t know. 
I suppose he’d be in the building. That’s the only way I would know. 

Mr. O’Connell. That’s all. 

Ellen Wilson. 


Commonwealth of Massachusetts, 

Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to writ¬ 
ing the testimony of the witnesses in the contected election of Peter P. Tague v. 
John F. Fitzgerald, having first been duly sworn by the notary, do hereby make 
affidavit that I have truly and correctly recorded and transcribed the evidence 
of the above witnesses within this book. 

Nancy H. Harris. 

Boston, Mass., May 5, 1919. 

Personally appeared above Nancy H. Harris and made oath that statement 
signed was true to the best of her knowledge and belief. 

Abraham C. Berman. 


Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 29 pages, 
together with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter 
F. Tague v. John F. Fitzgerald, beginning February 19, 1919; exhibits herein 
referred to are marked as described and made part of this record. 

Boston, Mass., 21ay 5, 1919. 

Abraham C. Berman, 

Notary Public. 


Boston, February 25, 1919 — 10.15 a. m. 
Mr. Berman. The hearing will now be resumed. 

(Names of witnesses called by Mr. Berman and those present answered to 
their names.) 

Mrs. ADELINE J. CARLEZON. 

Direct examination by Mr. O’Connell: 

Q. What is your full name, Mrs. Carlezon?—^A. Adeline J. Carlezon. 

Mr. Callahan. Spell it, please. 

The AVitness. C-a-r-l-e-z-o-n. 

Q. Where do you live?—A. 148 Warren Avenue, Boston. 

Q. Do you know Thomas McCue?—A. Yes, sir. 

Q. Did he live at your home?—A. Yes, sir. 

Q. How long did he live there?—A. He came to my house in 1911 the first time* 
Q. Since lived there?—^A. Lived there; yes. 


TAGUE VS. FITZGERALD. 


145 


Goinj? buck and 


Q- And there to-day, now?—A No 

He’s working, ln,t not at home. 

A ''.‘'^.reshlence?—A. Yes; aiul he’s going back aiui fortli. 

agahn ^ that?—A. He would go out sometimes and come back 

bem; “ llelf Itrt “f town'™\‘'No“?"^ ‘''f when he iias 

|=si;,=SSii SS~ 
SSF»’“ 

T V’ ^ mean by that, “ goes and comes ”?—A. He have a littlt^ ‘ijon • 

m-eTs'x '"“H - ti>e sprt'^h^ioe^^ry 

Q. Wiiat time in the spring?—A. Last of Aprii, 1st of March, or .Tune or Mnv 
Q. Do you know where he was going to?—A. No - I conlfln’t t^.n 

going away, “ if anybody asks tell them I’m not here.” He’s a man you couldn’t 
have any conversation with. ^ ^ couidn t 

when he would go away would he tell von to tell anvbodv thnt 
asked tor Inm that he was not there?-A. A couple of times a war ^ ^ ^ 

things— yon?-A. He takes his‘grips, packs his 

Q. And leaves his trunks?—A. Yes. 

wimt 1,‘e ifeecis^" Srtp?—A. He takes his ciothes, 

Q. And leaves the other stuff there in the house?—A. Well, I don’t know who 
it belongs to; it might belong to his brother; I couldn’t tell. 

Q. I didn’t ask yon that. I asked if he leaves his things there?_A I snn- 

pnse he does. I didn’t know who they belonged to • • 1 

sa^?•hhn's;aturk™" Tnescia.y; I 

“Good morning.” 

G- liilk about coming down here to testify?—A. No. 

?r' 44 Cooper ^Street, Boston?—A No 

yir. O’Connell. That’s all. 


Cross-examination by JNIr. Callahan : 

^i' Carlezon, yon say Mr. McCiie leaves yoiir house for five or six 

weeks in March and April?—A. Yes. 

Q And he has done that for several years, or the years that he has been in 
the house?—A. Last couple of years—last two years. 

Q. He has only been with yon two years?—A. No; been in all at the 
beginning and back and forth eight years; then there sniinners 

Q. Yon conduct a lodging house, do yon?—A. Yes, sir. 

Q. He is not a permanent boarder; frequent times during the year he wes 
aM'ay and comes back, is that so?—A. Yes, sir. .y ^ 


Redirect examination by Mr. O’Connell; 

Q. Mdiat does he do?—A. Carpenter. 

Q. M’ho does he work for?—A. Elevated. 

Q. Boston Elevated?—A. Boston Elevated; yes. 

Q. Did you speak with somebody recently in reference to him who went to 
call at your house inquiring about him?—A. The gentleman here findicatina-l 
came and asked for him. 

Q. And at that time you told him this man had lived at vour house for eieht 
years?—A. Yes. ‘ 

Mr. O’Connell. That’s all. 

Mr. Callahan. Just a minute. 


Recross examination by Mr. Callahan : 

Q. Just a minute, this man, who asked you these questions, was it at vour 
hoiLse? —A. It was at my house. 

Q. MTio was it?—A. The gentleman sitting right here. 

Q. One of these men here [indicating] ?—^A. This young man here [indi¬ 
cating]. 


122575—19-10 




146 


TAGUE VS. FITZGERALD. 


Q. You don’t mean this young man here [indicating]?—A. I think so. It 
looks like him. It looks like him. 

Mr. Callahan. Of course she has only seen the back of his head. 

Mr. O’Connell. She has seen the front of his face. 

Q. Now, Mrs. Carlezon, did this man come to you representing he was a 
Government officer?—A. He didn’t say nothing; only asked for Tom McCue. 
Mr. Callahan. That’s all. 

Mr. O’Connell. That’s all. 

Mrs. MARY FRANCES RYAN: 

Direct examination by Mr. O’Connell : 

Q. Mrs. Ryan, what is your full name?—A. Mary Frances Ryan. 

Q. Where do you live?—A. Eleven Paisley Park, Dorchester. 

Q. That is, in Dorchester; that is the farther end of the citv in ward 20. 
Do you know John J. Larkin? 

Mr. Berman. What is the name, please? 

Mr. O’Connell. Mary Frances Ryan. 

The Witness. Y^es, sir. 

Q. Live in your home?—A. Resides in my house. 

Q. Has he any children?—A. Two. 

Q, How old are they?—A. I think about 3 and a year. 

(i. Is he a widower?—A. No. 

Q. His wife lives there, too, does she?—A. Y"es. 

Q. He and his wife and Ids children live in your house?—A. Yes. 

Q. What’s his business?—A. WTiy, he works with Filene Co. 

Q. Furrier?—A. Yes, sir. 

T long has he lived at 11 I*aisley Park?—A. Why, about seven years, 

I think. ’ 

Q. His children go to school right there?—A. No, sir; they are not old 
enough. 

Q. I see; 3 years old you said; oh, I see. 

Mr. O’Connell. I think that’s all. 

Cross-examination by Mr. Cai.lahan. 

Q. Did you say what his occupation was?—A. He works for Filene Co 
Q. Do you know what he does?—A. No; butT think a furrier. 

Mr. O’Connell. Furrier, in the fur department. 

Mr. Callahan. That’s all. 

Mrs. FRANCIS DOWD. 

Direct examination by Mr. O’Connell. 

Q. Mrs. Dowd, what is your full name?—A. Mary E. Dowd. 

Q. Where do you live?—A. Dorchester. 

Q. What street and number?—A. No. 6 Leroy Street. 

Q. That’s out- A. Meeting House Hill. 

Q. Ward 18. How long have you lived there?—A. About five years. 

Q. And with your husband and children?—A. Yes, sir. 

Q. How many children have you?—A. Five. 

Q. What ages?—A. The oldest is 22 and the youngest is 3. 

Q. And some children go to the Marshall School?—A. Yes, sir. 

Q. How many of them?—A. Yes; two. 

Q. The Marshall School is right near where you live?—A. Yes. 

Q. Westville Street?—A. Yes. 

Q. Your husband is Francis J. Dowd?—A. Yes. 

Q. What’s his business?—A. Works for the city of Boston. 

Q. In what department?—A. Street cleaning. 

Q. In what capacity?—A. Inspector. 

Q. How old is yonr husband?—^A. Forty-two. 

Q. About how large a man is he? Can you describe him? — ^A. Sitting right 
back of you. 

Mr. O’Connell. All right. That’s all. 

Mary E. Dowd. 

JOHN J. LEONARD. 

Direct examination by Mr. O’Connell. 

Q. What is your full name?—A. John J. Leonard. 



TAGUE VS. FITZGEEALD. 


147 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


Is that Dorchester?—A. Yes, sir. 

What ward is that?—A. Ward 17. 

that’s in the twelfth congressional district?—A. Yes, sir. » 
How long have you lived there, Mr. Leonard?—A. About 28 vears 
lou own your house?—A. No, sir. 

You own the house 95 Geneva Avenue?—A No 
Have you lived at 12 Wales Street?—A. No, sir 
Own the house 12 Wales Street?—A. No, sir. 

Do you know who does?—A. No, sir. 

Do you know Charles W. Murphy?—A. No, sir. 

Do you know a man named Concree?—A. No, sir 

YoiVve not the landlord at 42 Blue Hill Avenue?—A. No sir- I’m not 
Know who is?—A. No. > > . 

YY)!! live there?—A. I do. 

No such man there by that name?—A. His name is Mr. Abbott. 

What’s Mr. Abbott’s initials?—A. I couldn’t tell you. 

Where does he live?—A. Keeps his office, I think, 19 Valentine Street, 
Roxbury. Think he lives in Walnut Avenue. 

IMr. Bekman. Do I understand you don’t know who owns the house vou 
live in? 

The Witness. I said Mr. Abbott. 

Q. You never lived 95 Geneva Avenue?—A. No, sir; did not. 

Q. Or 12 IVales Street?—A. No, sir. 

Q. I guess we got your name twisted Mr.-A. I guess it is. 

Mr. O’Connell. Strike all that testimony out. 

Mr. Callahan. I don’t believe counsel has the right to strike that examina¬ 
tion out. I won’t have it stricken from my record. 

Mr. O’Connell. You can keep your record. Will you take the stand Mr. 
Leonard, please? 

Q. Mr. Callahan’s stenographer tells us you spelled your name Lennon, is 
that right?—A. No, sir; it’s Leonard. 

Mr. O’Connell. Now, Mr. Callahan, what are you going to say now? 


EDWARD I. KELLY: 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Edward I. Kelly. 

Q. Where do you live, IVIr. Kelly?—A. No. 30 Faxon Street, East Boston, 
Orient Heights district. 

Q. Business?—A. Elevator engineer. 

Q. You are an ex-Representative?—A. Ex-Representative. 

Q. Served from one of the East Boston wards?—A. Ward 1, East Boston, for 
two terms. 

Q. Do' you know John P. Fitzgerald? Y’’ou advocated his election to Con¬ 
gress?—A. One of his hardest workers. 

Q. And you did everything you could for his election?—A. Everything. 

Q. Now, Mr. Kelly, do you know a man by the name of Edison F. Sawyer?—A. 
Well, I know him. 

Q. How well do you know him?—A. Well, his father is a tenant in one of my 
houses. 

Q. How old is Mr. Edison F. Sawyer?—A. Well, under 30. 

Q. And his father has been a tenant of your house for how long?—A. Since 
August 1, 1916. 

Q. And his son has lived there with his father, hasn’t he?—A. Not that I 
know of. 

Q. Do you live in the same house?—A. Live in the same house. 

Q. Seen the son around there any time?—A. Once in a great while he is there. 

(}. How often?—A. When he comes to visit the children there. 

Q. Not married?—A. No. 

Q. Know where he lives?—A. Know nothing about him; don’t mingle in his 
affairs at all. 

Q. Know what his business is?—A. Know nothing at all about him. 

Mr. O’Connell. All right. 



148 


TAGUE VS. FITZGERALD. 


Mrs. FRANK NEYLON: 

Direct examination by Mr. O’Connell : 

A. What is yonr full name?—A. Theresa J. Neylon. 

Q. Where do yon live?—A. No. 48 Monmouth Street, East Boston. 

Q. What is yonr hnshand’s name?—A. Francis J. Neylon. 

Q. F-r-a-n-c-i-s?—A. Yes, sir. 

Q. How many children have yon?—A. Two. 

Q. How old?—A. My oldest 10, youngest 5. 

Q. They go to school?—A. The oldest one goes to the Chapman School. 

Q. Where’s that?—A. Entow Street. 

ci That is East Boston?—A. Yes;.and the little one goes to kindergarten on 
Lexington Street. 

Q. Yonr husband’s business is what?—A. Conductor for the Boston Elevated. 
Q. How long have you lived at 48 IMonmouth Street?—A. Six years the 12th 
of this April. 

Q. You never lived 43 Allen Street?—A. No, sir. 

Q. About how old is your husband?—A. Thirty-two. 

Mr. O’Connell. I think that’s all. 

Cross-examination by Mr. Callahan : 

Q. Now, Mrs. Neylon, vliat’s your husband’s first name—Frank or-A. 

Francis. 

Q. It isn’t Frank?—A. It’s Francis. 

]\rr. O’Connell. I suppose sometimes you call him Frank? 

The Witness. I always call him Frank. 

Q. How does he sign his name on any papers or documents—Francis J. Ney¬ 
lon?—A. Yes, sir. 

Mr. O’Connell. I suppose he always signs his letters “ Frank ”? 

The Witness. Yes, sir. 

Q. Now, let’s see, Mrs. Neylon, just a minute. You don’t mean to say you’ve 
seen your husband sign “ Frank .7. Neylon ”?—A. No, sir. 

Q. No; he might if he was writing a letter sign “ Frank ”—intimate letter?— 
A. Intimate letter. 

Q. But official documents he signed “Francis .1. Neylon’’?—A. Puts his full 
name. 

What does the “.T ” stand for, do you kmnv?—A. James. 

Q. James; thank you. 

Mr. Callahan. That’s all. 

Francis J. Neylon. 

Mrs. BERTHA T. BRADFORD: 

Direct examination by Mr. O’Connell: 

Q. What’s your full name?—A. Bertha T. Bradford. 

Mr. Mancovitz. What’s the name? 

The Witness. Bertha T. Bradford. 

Q. And where do you live?—A. No. 26 Jerome Street, Uphams Corner. 

Q. That’s in Dorchester?—A. Yes, sir. 

Q. And that’s in ward 17, I believe?—A. Yes; ward 17. 

Q. And do you know Valentine T. F. McCormick?—A. I know there is a Val¬ 
entine IMcCormick, but I don’t know the other initials. 

Q. Where does he live?—A. No. 24 Jerome Street. 

Q. That’s in Dorchester, the same house you live in?—A. No; tenant, next 
door. 

Q. How long has he lived there?—A. Perhaps five years, I think. 

Q. What does the family consist of?^—A. The father, Mr. J. H., Mrs. McCor¬ 
mick, two daughters, and Mr. Valentine McCormick. 

Q. What’s Mr. Valentine McCormick’s business?^—-A. Letter carrier. 

Q. Your husband is landlord of the house they live in—McCormicks live in?— 
A. Y’'es, sir. 

Cross-examination by Mr. Callahan : 

Q. You don’t know this INIr. McCormick’s initials?—A. The faniilv call him 
“ Val.” 

Q. You don’t know that that’s his name?—A. I alwavs heard him called 
“ Val.” 

Mr. Callahan. Val McCormick? 



TAGUE VS. FITZGERALD. 


149 


Mr. O’Connell. That’s all. 


Mrs. ROSE M. GAVIN: 


Bertha T. Bradford. 


Direct examination by Mr. O’Connell:- 
Q. What is your full name?—A. Rose M. Gavin. 

o' live?—A. No. 139 Boston Avenue, West Somerville 

How long have you lived there?-A. About 10 years. 

Q. And do jou know John P. Leonard?—A. No sir 

O Invbodv Leonard that li^es at that house ?-A. No. 

A Yes I t Lr 1 '^^‘^^^tly and talk with you about a Mr. Leonard?— 

was a man called at the door. 

knew^f hUu“ rs“i““ '-A- Well, I don’t know him. I 

Q. did you tell about him?—A. Couldn’t tell anything about him 

Q. Did you tell him he lived at that house?—A. No. 

O Mint Tbd vnwpn ^ remember just the conversation, 

remeinbe?. ^ ^ ^ Leonard?—A. I don’t 

Q. IVhere had you ever heard of Mr. Leonard?—A. There’s a gentleman bv 
that name lives across the street from me. ^ neman by 

Q. IVhat is his name?—A. I don’t know. 

Q. What’s his business, do you know?—A. I couldn’t tell you that 

T 1 ■ referred to?—A. That was the man I referred to 

I don t know him, only see him on the street. 

Q. How long has he lived there?—A. I couldn’t tell you. 
pe?haps“uH°eforZr j4^rs!” >^treet;-A. Well, I don’t know; 

years ^Probablyaround there three or four 
Q. Know his business?—A. No, sir. i '• a. 

Q.‘ No ?hildrenT—T'^N o ''' Leonard’s family?—A. Only he and his wife. 

Q. This Mr. Leonard you refer to lives in the house opposite you, with his 
wife, and has for about three years?—A. Three or four years 
Q. Do you know his wife very well ?—A. No. 

Q. Know her to speak to?—A. No; I don’t speak to her. 

Q. You never spoke to her?—A. I don’t think I ever spoke to her 
Mr. O’Connell. That’s all. 


Mrs. MARY HOWARD BAKER: 


Rose M. Gavin. 


Direct examination by Mr. O’Connell : 

Q. What’s your full name?—A. Mary Howard Baker. 

Q. Mrs. Baker, where do you live?—A. Thirty-five Mount Pleasant Avenue 
Roxbury. ’ 

Q. You live there with your husband?—A. Sometimes. 

Q. AVhat’s your husband’s business?—A. MTne clerk. 

Q. Where does he work?—A. Now, I don’t ask him where he works I don’t 
know where he works. He supports me and that’s all I ask for. I don’t know 
where he works. It’s immaterial to me where he works. 

Q. Did you ever hear where he worked?—A. No; I haven’t investigated that' 
I have something else to do. ’ 

Q. How long have you been married to Mr. Baker?—A. About three years, 

Q. Does he work in town?—A. I don’t know anything about where he works 
I want to go home- 

Callahan. I hope we will get questions and answers, not comments. 

(Colloquy.) 

Q. Do you know a gentleman by the name of Prank T. Cunningham’—A I 
do know; yes. • » . . x 

Q. Where does he live?—A. Lived a while at my house. 

Q. How long did he live at your house?—A. He lived oft and on, lived a year 

Q. What year?—A. Well, he came year before last, or the first of last year • 
about a year ago; a little oyer a year ago. ’ 



150 


TAGUE VS. FITZGERALD. 


Q. That was the bejjinning of 1918? This would be February, 1918?—A. To 

the best of my knowledge; yes. 

Q. And what’s his business?—A. Works at the post office. 

Q. And do you know what post office he works in? A. No ; I don t. 

Q. Was it at the North Station?—A. I don’t know. 

Q. Never heard him tell?—A. No, sir. 

Q. No relative of yours, was he?—A. No, sir. 

Q. Just lodged at your home?—A. At times; yes, sir. 

Q. When did he leave your home—A. Last June. 

Q. And that was to go in the Army ?—A. Yes, sir. ^ 

Q. And he is still in the Army ?—A. I don’t know if he is. 

Q. You never lived at 72 Causeway Street, Boston? A. I never; no; I never 

Have you seen Mr. Cunningham since he went in the Army; been home 
at all?—A. No; he’s come home once. 

Q. Do you know when that was?—A. Around Christmas time. 

Q. Around Christmas?—A. Around the first of the year. Around the New 
Year. Around Christmas or New Year’s. 

Mr. O’Connell. That’s all. 

Mary H. Baker. 

(Recess of five minutes.) 

RAYMOND FRANCIS KILEY: 

Direct examination by Mr. O’Connell : 

Q. What’s your full nanie?^—A. Raymond Francis Kiley. 

Q. Where do you live, Mr. Kiley?—A. No. 12 Tremont Street, Charlestown. 

Q. Do you collect the rents at 13 Monument Street, Charlestown?—A. Yes, 
sir. 

Q. Who owns the house?—A. My mother. 

Q. Do you know the tenants in that house?—A. Yes, sir. 

Q. Who are they?—A. Mrs. Thompson, the first; Fitzgerald, the second floor. 
Q. What’s Fitzgerald’s name?—A. I don’t know the name; just Mrs. Fitz¬ 
gerald to me. 

Q. How much of a family in that tenement?—A. Well, every time I go there 
Mrs. Fitzgerald pays the rent. I see a daughter and son there. 

Q. How old are they?—A. Should say the daughter 25 or 30, between there, 
and the son apparently a little older. 

Q. Do you know what the husband’s business is?—A. I believe the husband’s 

business-- 

Q. Son, rather? 

Mr. Callahan. If you know? 

The Witness. I don’t know anything about them. 

Q. Will you describe him, please?—A. Rather tall, athletic man, seems to me, 
light; light complected, and that’s as much as I can say about it. 

Q. Know whether his name is John E. Fitzgerald?—A. I don’t know, sir. 

Q. About how much does he weigh?—A. I wouldn’t be able to say. 

Q. This Fitzgerald family been living there five or six years?—A. I should 
say all of that, sir. 

Q. Do you know whether the family ever lived in the West End?—A. I don’t 
know. 

Mr. O’Connell. I think that’s all. 

Mr. Berman. Know what his business is? 

The Witness. No, sir 

Mr. Berman. Know how old he is? 

The Witness. No, sir 

Mr. O’Connell. I will say right here, in order for the record, we will show 
this man was registered at the Revere House, although living at Charlestown. 

Raymond F. Kiley. 

MARGARET ANNA McKINNON; 

Direct examination by Mr. O’Connell. 

Q. What is your full name. Miss McKinnon?—A. Margaret Anna. 

Q. McKinnon?—A. McKinnon. 

0. Where do you live?—A. No. 130 Myrtle Street, Boston. 

Q. How long have you lived there?—A. Since last September. 

Q. And do you know Philip J. Ahearn?—A. I know he lives there. I don’t 
know him personally. 


TAGUE VS. FITZGERALD. 


151 

Ai?ile.'steeterPartin,j"!'*? "■'«> .von?—A. Plannei-v, Aliearn Mc- 

Q. Hon-old is Jlr. Ahearn'‘_\ H-lwn , * faiailies. 

Q. wiiat (loe,s the Ahearn V.,n,n., 

0. Know M,-s. Ahem-,! a "a^l“-I of?-A. I don't know. 

Q. Know how nmiiy children tlJere ar^-^r’No’*' 

hun «0^h,."HTwrks'dnU'Z^ Ahea,-,,'a,.o„„d?-A Whv, I've seen 

oiit of the hou.se. I know he’s the Vu "‘* 1 '“^ '' ^ o*™ Him as I “ 

“Philip,” tin.t's all I kZw '>»y. I know his mother calls him 

y. lliat is 130-A. M.v,'.tle Street. 

knowledge, you can testify, yon cm; testSftfo >’»“'• «"■“ 

I.ope'd lZd,riikeZ'place,"i;e''had^ she 

all-1 know. ’ ^ a great many year.v\ That’s 

lives in Brookline. 

V September. 

kept clear, that Philip^ll.^ ilieani're4Vtm^ record may be 

and this Myrtle Street is 'outside Sf-eet' 

Cross-examination hy Mi-. Callahan • 

Yet “hit was the first time yon were at 130 Myrtle Sti-eet^-A 

I IS“ 5£S^r lir 

Mr. Callahan. That’s all. 


MRS. ELIZABETH ROGERS : 


Margaret xVnna McKinnon. 


Direct examination bv Mr. O’Connetl* 

y. Xo. 6 Adams Sti-eet, Cliarlestown?—A. Yes 
y. You have lived tliere how long?—A. Pour years. 

Q. Do you know Micliael P. Donaiiue? A. Yes sir 
y. IVhen did he die?—A. Twelfth of Octohei'.’ ' 

O. Imst?—A. les, sir. 

Q. AYhat was his business?—A. Carpenter. 

Q. About how old was he?—A. He was about 47 

Stean^hiirco.''"'”'' "'m-ke.! at the White Star Co.- 

Q. White Star?—A. White Star Steamship Co. 

Q. Married or single?—A. Single. 

S’ house?—A. About three venrs 

Q. At 6 Adams Street, Charlestown?—A. No. 6 Adams ^ * ' 

month^^ died?—A. Sick about a 

Q. In bed?—A. No; off and on. 

Q. I see. 

Mr. O’Connell. That’s all. 

Cross-examination by Mr. Callahan ; 

Q. Did Mr. Donahue live in your house?—A. Yes sir 
Q. His name Michael F.?—A. Yes, sir. 

Q. And was he a lodger in your house?—A. He was a boarder 

medals theTei^A. slept a^nd“ 

Q. Slept there also?—A. Yes, sir. 

Q. And he lived there some years, you say?—A. Three years. 



152 


TAGUE VS. FITZGERALD. 


Q. Did he live there steadily?—A. Yes, sir. 

Q. Every night?—A. Yes, sir. 

Q. And every day?—A. Yes, sir. 

Q. You say he wasn’t sick very long?—A. About a month. 

Q. About a month?—A. Yes. 

Q. And before his death, for how long a time was he in bed?—A. in bed 
about three days before he died. 

Q. Beg pardon?—A. About three days before he died. 

Q. And up until that time he was up and around the house?—A. Yes. 

Q. What was Mr. Donahue’s age?—A. About 47. 

Q. By the way, Mrs. Rogers, did you on the 1st of April give the names of 
your lodgers to the police?—A. Yes, sir. 

Q. And did you give the name of Mr. Donahue?—A. Yes, sir. 

Mr. O’Connell. Just one question. You never knew Mr. Donahue lived at 
43 Allen Street within the last two or three years? 

^ The Witness. No, sir. 

* Mr. O’Connell. That’s all. 

Mrs. Elizabeth Rogers. 

(Recess until 12 m.) 

HYMAN LEBOSKY: 

Direct examination by Mr. O’Connell : 

Q. What’s your full name?—A. Hyman Lebosky. 

Q. And where do you live?—A. No. 80 Intervale Street, Roxbury. 

Q. You were in ward 5 on election day?—A. Yes, sir. 

Q. What precinct?—A. Pour. 

Q. Where is that?—A. Norman Street. 

Q. And did you have a—you were there representing Mr. Tague?—A. Yes, sir. 

Q. And what were you—you had a list of those illegally registered in the 
ward to be challenged?—A. No, sir; Mr. Gibbons had that. 

Q. Tell us what you noticed down there in reference to Mr. Gibbons.—A. At 
quarter past 7 in the morning Mr. Gibbons went in the precinct, and first we 
noticed started trouble. The first voter came in Mr. Gibbons challenged, and 
the warden got him a little aside and ordered him out, and a few minutes later 
he was put out. 

Q. Describe who put him out and how it was done.—A. The warden ordered 
INIr. Gibbons out, and Sergt. Lewis had put him out. 

Q. What had Mr. Gibbons done?—A. Challenged a voter. 

Q. And what did the warden say or do?—A. “I order this man out.” 

Q. Had Mr. Gibbons made any disturbance or anything?—A. No, sir. 

Q. Was there a crowd there?—A. No, sir. 

Q. What I mean is, were there many in the wardroom?—A. Just half a 
dozen. 

Q. Yes. Now, then, in other words, Mr. Gibbons was ordered out of that 
wardroom twice, and finally the police officer took him out at the request of 
the warden?—A. Yes, sir. 

Q. Do you know who the warden was?—A. I forget his name; I know 
who he is. 

Q. You were known as a Tague man?—A. Yes, sir. 

Q. And were you offered any money by anybody to go out of the wardroom?— 
A. Yes; I was. 

Q. By whom?—A. I don’t know the fellow’s name. I know the gentleman 
all right. He came in to vote, and I went over to him and passed him over 
a sticker and asked him to vote for Tague, and he says he would give me $5 
if I would go home and go to bed. I asked him what he meant by that, and 
Sergt. Lewis came over and separated us, because he knew there would 
be trouble. 

Mr. O’Connell. That’s all. 

Cross examination: 

Q. (By Mr. Callahan.) What time did you go to the polls?—A. Half past 
6—quarter past 6. I say quarter past 6. 

Q. Quarter past 6?—A. Yes, sir. 

Q. How long did you stay there?—A. Stayed there until half past 10. 

Q. Half past 10?—A, Yes, sir. 

Q. And you left for the day then?—A. Yes, sir. 


TAGUE VS. FITZGERALD. 


153 


there all that time, wasn’t he?—A. No, sir. He was 
put out two or three times there. 

^ two or three times, but only stayed out for a minute or so?—^A. 

One time he was out for about half an hour. 

Q. Tdien, you were there while Gibbons was outside; is that so?—A. Yes, sir 
g. lou were working for Mr. Tague, weren’t you?—A. Yes, sir. 

Q. And handing out stickers?—A. Yes, sir. 

Q. And marking off the names of those who came in?—A. Yes sir 
Q. And conducting yourself properly?—A. For a while. 

H’,. conducting yourself improperly?—A. 

Trouble started while I was checking off. 

^ talking about your conduct?—A. My conduct was all right, 


Q.. And because your conduct was all right nobody ordered you removed from 
the room?—A. Yes, sir; the warden ordered me removed. 

Q. And it was because Gibbons’s conduct wasn’t proper he was removed?—A. 

SlI*. 

Mr. Beeman. I don’t think you got the witness’s testimonv correctly. He 
says the warden ordered him removed. 

(Colloquy.) 

Mr. Callahan. I’d like to be permitted to ask my own questions. 

Q. Now, sir, you didn’t do anything out of the way?—A. No, sir. 

Q. And you weren’t at any time removed or ordered out, were you?—A. Yes, 
sir. 

Q. At what time were you ordered out?—A. I was ordered out about quarter 
past 8. 

Q. Quarter past 8. By whom?—A. By the warden. 

Q. What did he say?—A. He told Sergt. Lewis : “ He ought to be put out; he’s 
handing out stickers.” That is, he says I followed up voters. 

Q. And what did Sergt. Lewis do?—A. Refused to put me out. 

Q. And you stayed in all the time?—A. Yes, sir. 

Q. Any other time he tried to put you out ?—A. Yes, sir. • 

Q. Did more than once?—A. Yes, sir. 

Q. Did he appeal to Sergt. Lewis again?—A. Yes, sir. 

Q. Did he tell you why he ordered Gibbons from the room?—A. Because he 
Challenged votes. 

Q. Challenged votes?—A. Yes, sir. 

Q. And he appealed to Sergt. Lewis to put him out?—A. The warden did. 

Q. Was that all Gibbons did there, challenge voters?—A, Y^'es, sir. 

‘ Q. And did Sergt. Lewis then put him out?—A. Yes, sir; because the warden 
ordered him out. 

Q. I want you to describe just how Sergt. Lewis put him out.—A. He says, 
“ I’m sorry you’ll have to go out.” 

Q. Did Mr. Gibbons, when Sergt. Lewis ordered him to go out, go out?—^A. No, 
Bir. 

Q. What would you say if Mr. Gibbons testified that Sergt. Lewis didn’t order 
him out at all, and the warden appealed to a worker there, and they both went 
out?—A, I don’t know exactly what you mean. 

Q. If Mr. Gibbons testified here the warden had spoken to Sergt. Lewis, and 
Sergt. Lewis refused to put him out, and he, thereupon, appealed to a worker, 
and the worker and he went out together, what would you say as to that?—A. 
Oh, I understand that. 

Q. You understand now?—A. Yes, sir. The trouble started this way: Mr. 
Gibbons was talking with me and one of Martin Lomasney’s workers, under the 
influence of drink, had a few whiskies in him, and Mr. Gibbons was talking to 
me, and this fellow started the row, I said, “ You ain’t going to do any talking 
about me,” and the warden ordered Mr. Gibbons and this Martin man outside. 

Q. Supposing Mr. Gibbons said Sergt. Lewis at no time put him out or ordered 
him out, what would you say to that?—A. I don’t care to say anything about 
that. 

Q. Would you say that wasn’t so; would you?—A. I will tell you. I wasn’t 
with Mr. Gibbons every minute he was put out; we separated right in the ward 
room there. 

(Colloquy.) 

<3. Now, then, you say Sergt. Lewis actually put Gibbons out?—A. Told him 
to go out. 


154 


TAGUB VS. FITZGERALD. 


luS^r'^nUOn-ViG’”"'™" “ >’"“"‘8 A- There's two dift'erent mean- 

O Oht is taking him by the arm. 

Q. lliats what he did?—A. No, sir. 

Q. Yon said, “ put out.”—A. I said “ ordered out.” 

Q. First, you said “put out,” didn’t you?—A. No, sir. 

Q. Where do you live?—A. No. 80 Intervale Strek. 

Q. What’s your business?—A. Necktie cutter. 

Q. Where do you w’ork?—A. Kingston Street. 

Q. How^ long have you been there?—A. Six years. 

Q. What w’ere you doing dowui there that day?—A. Election day*? 

Q. Yes.—A. Passing stickers for Mr. Tague. 

Q. Who hired you to do that?—A. Nobody. 

Q. Volunteer?—A. Yes, sir. 

Q. When did you volunteer?—A. Before the primaries 
Q. \Vhere did you volunteer?—A. W’here did I volunteer*? 

9: ^ "where did I volunteer?” 

A S’vA^n 1 ^ mean. Where did you make those preparations?— 
A. \\ e made those preparations three months before 
Q. You say “ w'e ” did?—A. Mr. Gibbons and I did’ 

Q. You wore there and Gibbons?—A. Yes sir 

M^G?gu:;'hlmsein^I. preparations, to 

Q. To wdiom?—A. Mr. Gibbons. 

9\ agreed with Gibbons to go down that day and wmrk?—A. l^es, sir. 

Q. This wms primary or election?—A. Primary. 

Q. Did you go election?—A. l"es, sir. 

Q. Went there also?—A. Yes, sir. 

Q. Now% sir, did you give up your day’s work to go dowm there?—A. Yes sir 
Ch You only stayed there until half past 10?—A. Yes sir ’ 

Q. Go back to w^ork then?—A. No, sir. 

from Ylr. Gibbons being ordered out, not put out, but ordered out, 
®-^'Citenient there that day?—A. Well, there wms; yes sir 
g. What was It?—A. When so many votes were being challenged, the first 
lieutenant, Pat YIcNulty, as I know him- ^ , <-u« m&u 

Q. IVhat did you say, first lieutenant?—A. He is lieutenant w^arden in charge 
of ward 4. 

Ylr. O’Connell. Precinct. 

Q. Charge of precinct 4?— A. Precinct 4, And he see that the voters - 

Q Tell us not what he saw, tell what happened.—A. ITI have to tell you 
wdiat happened before I got there. 

0 Not before you got there, or after yon left, but wdiile vou w'ere there — 
A. v\ ell, you don’t want to let me go ahead with my story. 

Q. I wmnt you to tell wdiat happened wdiile you w^ere'there.^A. I’m tellino- 
wdiat happened. lcihhj, 

r tell.—A. Why do you interrupt me for? I’m telling you 

Pat YIcNulty, lieutenant, precinct 4, after Ylr. Gibbons challenged all the Wtes 
he got excited, and the first I know a little gang came dowm stairs and came in 
the precinct- 

ele^tioif^''^^ primary, are you?—A. No, sir; I’m talking about the 

at^alf^past^^e?—A^ No^Tir^ primary that you w^ent there 

paS primary?—A. I got there about half 

Q. Half past 8?—A. Y^es, sir. 

Q. ^yimn did you leave?—A. Left there about quarter past 9—kept goino- 
around to the different precincts. ^Lcpt ^oin^ 

time were only there three-quarters of an hour?_A. At one 

Q. Did you go bac.v there later?—A. Yes, sir. 

Q. Mdien did you go there later?—A. Around 11 o’clock. 

Q. How' long did you stay there?—A. Short time. 

Q. WTiat do you mean by “short time?”—A. About 15 minutes 
Q. Fifteen minutes?—^A. Y^es, sir. 

Q. Did you go back there again any time that day?-A. Yes sir- about 
quarter of 12 to relieve Ylr. Gibbons for dinner. ‘ ’ 




TAGUE VS. FITZGERALD. 


155 


Q. Quarter of 12?—A. Yes, sir. 

Q. How long did you stay’there ?—A. About 1 o’clock. 

^ there that day?—A. No, sir. 

(}. There in the afternoon?—A. Yes, sir. 

H’ long? A. Fifteen or 20 minutes several times. 

Q. litteen or twenty minutes several times?—A. Yes, sir. 

Q. Were you inside the booth all that time?—A. For those 15 minutes 

^ clifterent 15-minute periods you were in the booth; what were 

> doing there. A. I was just going around to see how things were going on. 
Q. And you would go from booth to booth?—A. Yes, sir. 

Q. How were things going on there?—A. Certain precincts thev were fine, 
g. ihat precinct we are talking about on the primary?—A. All right on the 
primary, far as I know. 

. ^"ou uent in 15-minute periods on the primary to this i^recinct?—A. Yes, 

Sll • 


Q. You didn’t see what happened there?—A. Not while I was there. 

Q. lou didn’t see one bit of disorder at that precinct?—A. No, sir* not while 
I was there. 

Q. Nk)t while you were there in-A. No. 

Q. You weren’t interfered with in any way, were you?—A. No, sir. 

Q. INIr. Gibbons, while you were there, wasn’t interfered with in any wav*^—A 
No, sir. 

Q. Did you see Mr. Gibbons challenge votes there that day?—A. Yes, sir 
Q. How many votes did he challenge?—A. One or two. 

Q. M hen did he do that?—A. During the morning. 

Q. In the morning; did he challenge any in the afternoon?—A. Not that I 
know of. 

Q. Did you challenge any in the afternoon?—A. No, sir. 

Q. Did you have a list and challenge any in the forenoon?—A. No, sir. 

Q. You were just there as Gibbons’s friend on primary day?—A. Yes, sir. 

Q. You weren’t there to do any work?—A. Well, just go around. 

Q. Yon didn’t do any Tague work?—A. Not in precinct 4. 

Q. Ask anybody to vote for Mr. Tague-A. Yes, sir. 

Q. On that day?—A. Yes, sir. 

Q. In the booth?—A. Yes, sir. 

Q. Close to the rail?—A. No, sir. 

Q. How near were you to the rail?—A. About 6 feet away. 

Q. Six feet away. You asked people to vote for Mr. Tague? Did you know 
that was against the law?—A. Friend of mine. 

Q. Friend of yours?—A. Yes, sir. 

Q. This was a friend of yours and you whispered to him; is that so?—A. Yes. 
Q. And he was the only man you whispered to?—^A. Yes, sir. 

Q. And you asked him to vote for Peter Tague for Congress?—A. Yes, sir. 

Q. Had you inquired what your rights were in the precinct? Did Mr. Gib¬ 
bons tell you what you could do and what you couldn’t do?—A. No, sir. 

Q. Now, did you ask anybody outside to vote for Mr. Tague?—A. No, sir. 

Q. What did you suppose your work to be down there that day?—A. What 
day? Primary day? 

Q. Primary day.—A. Just to go around and see things; what’s going on. 

Q. On election day what time did you go there?—A. Quarter past 6. 

Q. Quarter past 6?—A. Yes, sir. 

Q. And was that the day you left about 11 o’clock?—A. Yes, sir. 

Q. And didn’t go back again?—^A. No, sir. 

Q. This was the day you said Sergt. Lewis ordered Mr. Gibbons to go out?—^A. 
Yes, sir. 

Q. While you were there did you see Mr. Gibbons challenge any votes?—^A. 
Yes, sir. 

Q. How many?—A. Oh, a dozen and a half. 

Q. Did you challenge any?—A. No, sir. 

Q. Did you. have a list to challenge?—^A. No, sir. 

Q. Nobody bothered you while you were in there?—A. Well, just that one 
party I told you about. 

Q. Told you to go out because you were challenging?—^A. No, sir- 
Q. Because you were giving out stickers?—A. Yes, sir. 

Q. Did you have a right to give out stickers?—^A. Yes, sir. 

Q. Who told you you had?—^A. Sergt. Lewis and all these other pi‘ople. 

Q. They permitted you to give out these stickers?—A. Yes, sir. 




156 


TAGUE VS. FITZGERALD. 


Q. All the time you were there, except for those incidents when Mr. Gibbons 
was ordered out, did you see anything else go on there except regular orderly 
voting?—A. No, sir. 

Mr. Callahan. That’s all. 

Redirect examination by IMr. Hareington : 

Q. Just a moment; you were at the primary election, at the precinct how 
long, Mr. Lebosky?—A. Precinct 4? 

Q. Yes.—A. I was there 15 or 20 minutes at a time. 

Q. 1 rom what period, from what time in the morning until when?—A. Got 
there about half past 8 in the morning and stayed until 9 and went to the 
different precincts. 

Q. Went to the different precincts?—A. Yes, sir. 

Q. How long on election day?—A. Quarter past 6 until half past 10 
Q. Quarter past 6 until half past 10?—A. Yes, sir. 

Q. How long; were you inside during that time?—A. Yes, .sir. 

Q. What time were you put out?—A. I wasn’t put out. 

Q. Ordered out?—A. I was ordered out twice. 

Q. What time were you fir.st ordered out?—A. I guess that was about half past 
7 or quarter of eight. 

Q. And then the time you came back was when Mr. Tague came*^_A I was 

inside when Mr. Tague came. 

Q. How soon did you go back when you were ordered out the first time‘s_A I 

wa.sn’t put out. 

Q. I said ordered out?—A. I didn’t go out, 

Q. Y^ou didn’t go out?—A. Yes. 

Q. When was the second time you were ordered out?—A. About 15 minutes 

iRtGl*. 

Q. Did you go out that time?—A. No, sir. 

Q. Stay there?—A. Yes, sir. 

Q. Did the sergeant tell you to stay there?—A. Yes. 

Q. And now did Sergt. Lewis say anything to you in regard to staying there 
at the time Mr. Gibbons finally went out?—A. He told me, he savs, “ It looks bad 
for you. He says, “ It’s best for you to go out.” 

Q. And this time you went out?—A. Mr. Gibbons called me out 
Q. You didn’t go back there then?—A. No. 

Q. Then, when you left the precinct, who went with you?—A. Mr Gibbons 
Q. Anybody else?—A. No, sir. 

Q. Sergt. Lewis?—A. Mr. Glynn. 

Q. Sergt. Lewis?—A. He went part way. 

Q. For protection ?—A. Up to Court Street. 

Q. For protection?—A. Yes, sir. 

Mr. Callahan. Wait, wait. 

Mr, Harrington. That’s all. 

Recross-examination by Mr. Callahan : 

Q, Do you vote?—A. Yes, sir. 

Q. Where?—A. Roxbury. 

Q. What congressional district is that?—A. Tenth. 

Q. Ldd you vote that day?—A. Y^es, sir. 

Mr. Ber]man. That’s not the tenth. 

The Witness. No ; ward' 18. 

0- ^o\\, when you say the sergeant left with you for protection, in answer to 
Mi. Haiiingtons question, there were no people outside annoying vou were 
there?—A. A ci-owd of fellows came out of the precinct at the time. 

Q, And you walked along the street?—A, Up against—ves, sir 
Q. The sergeant walked with you?—A. Yes, sir. 

Q. Did all those men follow you?—A. Part of the way. 

Q. Did you call to the sergeant s attention the fact they were following vou*^_ 

A. The sergeant knew it. 

Q. Didn’t he do anything?—A. No, sir. 

Q. He simply walked along with you?—A.Yes, sir. 

Q. These men had voted, and they simply walked along too?—A. Thev are not 
voters in that precinct. 

thm- know?—A. Because they didn’t vote the time when we were 

Q. That’s the reason you know, and you are a stranger there?—I’m not « 
stranger there. 


TAGXTE VS. FITZGEEALD. I 57 

Q. ?ou didn’rifave''ri^snf:A^ End. 

have found out. * * stayed there long enough we could 

Q. You didn’t stay?—A. I know them. 

5 Dnrs^;s’":“ tt .... 

I’d lived tliere long'^eiiougli to Imo'w." I could tell the people there, 

i.s Hiat'what he told^voii”—I"Ves bed, 

Tague"-A'‘K“"h- ‘bat he would get your $5 from Mr, 

■"Hr v"'?" irs;;;™"'' - 

I'n?not mistaker “know'^himril.""""' ^ Freeman, If 

Q. You don’t know his name?—A. *Ko, sir. 

1 <lon’t know^their mames!^ knowing the man well?—A. I know dozens of people 
recmak'* man?_A. I know he has a nice little 

n nln" I ''OO"; whether he voted or not?-A. No ; he didn’t vote 
Q. Don t know his name?—A No sir l \ore. 

o k!,T' b"®"’ bis name?—A. Didn’t care to know his name 
Q. ^^e\ei asked his name?—A. I don’t want to know his name 
asked what his name was?—A. No sir. 

Mr. Callahan. That’s all. 

Hyman Lebosky. 

C OMMONWEALTH OF MASSACHUSETTS, 

Suffolk, ss.: 

Boston, Mass., May 5, 1919. Nancy H. Haekis. 

Personally appeared above Nancy H. Harris and made oath that statPinPur 
signed was true to the best of her knowledge and belief. statement 

Abraham C. Berman. 

COMMONM^EALTH OF MASSACHUSETTS, 

Suffolk, SS.: 

foregoing in this volume, containing about 65 pa^-es 
together with the notice of contest and answer, is a true and correct copv of the 
Hvtimony taken b^ore me, under oath, in the contested election of Peter F 
^^gue u. John F. Fitzgerald, beginning February 19, 1919; SlXits hmein 
feried to aie marked as described and made part of this record. 

Abraham C. Berman, 

Boston, Mass., May 5, 1919. Notary Public. 


ABRAHAM E. HALPERN sworn. 


February 25, 1919—2..30 p. m. 


Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Abraham E. Halpern 
Q. IVhere do you live?—A. 230 Marion Street, East Boston. 

Is^^aVuVrd^sr^^'^ ^ election day?—A. I was on Blossom Street. 

Q. Yes; Blossom Street is ward 5.—A. Yes, sir; I was in ward 5 

Q. Were you accosted by anybody there on that day?_A. Yes, sir. 

Q. State just what was said and done.—A. Well, I had an appointment with 
my brother at i o clock election morning, and I was rather late, and I sot 
down to his house on Grove Street and found he had already gone. 

Q. Grove Street is in ward 5, just near Blossom Street?—A Not verv far 
from it at all. I knew my brother had left for his stable- 


;,r 




158 


TAGUE VS. FITZGERALD. 


Mr. Callahan. Tell us what was said and done. 

Q. Go ahead.—A. This goes along with it, Mr. Callahan. 

Mr. Callahan. It is not a responsive answer. 

A. And I went on my way to the stable, and I had to pass Blossom Street 
ward room. As I passed this ward room there was a young fellow there I 
knew, and he said to me—he was about from here to the door from the ward 

room. 

Q. By that you mean about 30 feet?—A. Yes, sir; about 30 feet. And he says 
to me, “Throw in a vote for Fitzgerald, will you?” I said, “I don’t vote in 
this section. I am from East Boston, so I have got nothing to do in here.” As 
I said that there was a man who is sitting in this courtroom here. I said, “ I 
would like to see Mr. Tague get in.” But as I said that there was a young 
man, who is sitting in this courtroom at the present time, who said, “ Go on; get 
to hell out of here.” I said, “ I will not go along. I am just passing by here, 
with no political intentions at all—just passing here to see my brother, and I 
will go along just as soon as I want to. You can’t force me or anybody else, 
as long as I am within the law.” We exchanged words; that is, he spoke 
to me- 

Q. What did he say?—A. Various things that I would not like to say in the 
courtroom. There was quite a crowd standing there. 

Q. What did he do?—A. He himself didn’t do anything. This party didn’t 
do a thing. 

Q. Who is this man?—A. I don’t know his name, but he is sitting by Con¬ 
gressman Tague. 

Q. Point to him.—A. The man there with the moustache. [Indicating.] 

Notary Berman. Is that the man there? Stand up. 

A. The fellow with the black moustache. 

Mr. O’Connell. For the purpose of identittcation we will designate him for 
the present as a prominent member of the Hendricks Club, who has been at 
these hearings from the very first. 

Mr. Callahan. Object. 

Notary Berman. That may stand. He was also before the ballot law com¬ 
mission. 

Mr. Callahan. Please note my objection. 

Notary Berman. I have seen him here every day since these hearings began. 

Mr. Callahan. I pray Your Honor’s judgment. I haven’t any desire to 
interrupt this examination, but you can have the witnesses testify. I don’t 
think it is fair for Mr. O’Connell to testify. I don’t think it is fair for you 
to get a thing like that in the record. Put your witness on the stand. 

Notary Berman. Proceed, Mr. O’Connell. 

Q. Do you know this man’s name?—A. No; I do not know it. I never 
saw him before that time, but I remember him still. There was words 
exchanged, and I stood there talking for about two or three minutes, and 
then finally one of the fellows there, I think his name was Donovan—Inspector 
Leonard can tell you his name—and about four or five fellows started to 
chase me. I had no chance with five or six fellows, because I didn’t want 
to start in the first place, and I knew what it meant to be assaulted by any¬ 
body on Blossom Street. I had heard of it in the past, and I didn’t dare 
to take any chances of getting into a scrap. I went along and they chased me, 
and there is a schoolhouse on the corner of—I don’t know the street—and 
they threw me down and hit me. Hit me pretty bad and threw my hat down. 
My hat fell down, and then afterwards I got up and walked by and I told 
those fellows just what I thought of them. 

Q. In your opinion, was this assault due to the fact that you said you 
wished Mr. Tague to win on that day?—A. Absolutely. 

Mr. Callahan. That I object to. 

Notary Berman. You may note Mr. Callahan’s objection, and answer the 
question, if you know. 

Q. Had this man been standing right near the polling booth there?—A. Yes, 
sir; right against the poll booth; and after I passed by I went to station 3, 
on Joy Street, and I spoke to Capt. Fitzgerald down there and told him 
what had happened, and he said, “ Y^ou had no business down there.” I said, 
“ I just passed by there in order to go to my brother’s stable.” I told him I 
wanted to have some policeman there to protect others, not myself; I had got 
mine, all right, but I would like to see some other protected down in that 
district; and he said, “ You have no business down there.” I said “ I had,” 
and I argued it out with Capt. Fitzgerald, and finally he consented to send 
Inspe ctor Leonard with me; and he went down with me. 



TAGUE VS. FITZGERALD. 


159 


told this fellow that hit me thnf t ^ summons for this man; and he also 
at 9 o'oloek. I later ?netT.W“? oJ teo"n“,r ;n? oourtboua? 

After waiting there for some time we ZailT ® *“ courthouse 

I tlon t know his name, and Mr Leonard aiid ^ ji^Ige there, 

went in to the judge and I asked that /’hf ’ ’’‘t “e and I 

that is, put him i.r court toi Wt in? me AnT?? 

any witnesses, and I said I hori nnno judge asked me if I had 

there at all. ’l had never gon? ,io“n’ t’lS^<'«'™ 
Can j Oil furnish one witness?” and I said “ No^ 

^on have no chance at all t-f t .* ’ -^o, sii , I can t. He said 

at all against that ciw^M'down the?e^be'J^ause 

to^this^iu of yours.’' I felt pretty had ISThr oT^ou'^rf 

me a summons on these^gTOunds M?j'’fl^n?nv“w|®wf® refused to grant 

I was leaving the courthouse-I had h^tw? ‘ t>te. “urthou.se; but as 
stepped into the machine this fellow say? to m? “ uf® there—and as I 
hasn’t as yet; I suppose he may in the lutum ’ 

sure. Ins??ertol-Leon?i“d can teT™u‘‘‘® ^ but I am not 

abmiM?.' '' Mr. Halpern?-A. That is all ’I know 

Cross-examination by Mr. Callah 4 n- 

You had no interest In that elec'tion whatever, did you?-A. Absolutely 
o' Irp voter?—A. I was not at the time. 

§; Ha?4 yim" e™e‘rvXlti election. 

I ^ad\™yihat’'lToulfl?S^?”s^ yon?-A. The only interest 

A. Absolutety'non'f “’*®‘'est, did you do any work for Mr. Tague?— 

Q. Didn’t'give outany of his stickers?— A. No sir 

him?-i No®sir “ ""'ner asking people to vote for 

dia'^rt^a^k fn^b^dy aTIlT^^' ^ <l“n’t ask anybody. I 

Q. Sure yon didn’t ask anybody?—A. Absolutely. 

in this\'irfnity\?“’alV'’He‘1?'ta CaS^ '’® isn’t 

luteiy ® anybody to vote for Mr. Tague?—A. Abso- 

room that morning?- 

thne at Z Ga?dmrs"reet1rrage' ‘®'' any 

Q. ;\\liat does he do?—A. He is a chaiiifeiir. 
g. How long have you known him?—A. About four weeks 
g. lou had known him four weeks then or four weeks now?—A No* then 
g. Mhere did you meet him first?—A. At that garage. My brother bou-M 
a machine and it is through that I met him. ^ Diotner bought 

Q. He asked you to vote?—A. Yes. 

Q. For any particular person?—A. Yes. 
g. Vote for Mr. Fitzgerald?—A. Yes. 

g. Nothing very alarming in that?—A. Nothing alarming- no 
g. That didn’t cause any trouble, did it?—A. No 
g. You didn’t resent that?—A. I didn’t resent it; no. 

g. You would just as quickly ask anybody to ’vote for Mr Tague’— A T 
wouldn’t right near there. ^ 

g. You would somewhere else?—A. Where I knew anybody. 



160 


TAGUE VS. FITZGEKALD. 


Q. You did ask people to vote for Mr. Tague, didn’t you?—A. No. 

Q. When he asked you to vote for Mr. Fitzgerald and you said no. did you 
go along about your business then?—A. I tried to, but I was stopped. 

Q. Who stopped you?—A. Of course I had to answer this man’s question. 

Q. Who stopped you?—A. This fellow did who asked me. 

Q, How did he stop you?—A. He said “What is the matter”? 

Q. He didn’t put his hands on you?—A. No, he didn’t. 

Q. He said “What was the matter”? Could you go on your way then?— 
A. I just answered the question. 

Q. You were kind of angry then, weren’t you?—A. No, sir. 

Q. What did you say when he said “What is the matter”?—A. I said, “I 
don’t live here, to begin with.” 

Q. You told him you didn't live there?—A. Didn’t live in this section of 
the city. 

Q. Then what did he say?—A. He says “Where do you live”? and I told 
him. 

Q. Now, up to that time you knew him for four weeks. There was no 
reason why you should quarrel with him or he with you?—A. No, sir. 

Q. He asked you to vote for Mr. Fitzgerald and you said you didn’t live 
there. Why didn’t you go on your way then?—A. That man there [indicating] 
interrupted me. 

Notary Beeman. What man?—A. That man there. 

Mr. O’Connell. The man with the black mustache. 

Q. And was he there when you were telling this man you lived in East 
Boston?—A. Yes. 

Mr. O’Connell. His name is Feldman, 

Q. This man was there when you were talking to the fellow that works in 
the garage?—A. Yes, sir. 

Q. And he heard distinctly your telling the other man that you lived in 
East Boston?—A. I think he ought to be able to. 

Q. There is no doubt about it, is there?—A. I don’t think so. 

(}. So that when he came near you he knew perfectly well that you were 
not a voter in that precinct, didn’t he?—A. He didn’t come near me. 

Q. When he was present and you were talking to the other fellow, you made 
it plain you were not a voter there?—A. I made it plain to the fellow I was 
talking to, I don’t know as I made it plain to him. 

Q. He was right there, wasn’t he?—A. He was about 20 feet away. 

Q. Twenty feet away?—A. Yes; the other side of the ward room. 

Q. And did you do anything to attract his attention in any way?—A. No, sir; 
he did it to my attention. 

Q. What did he do?—A. He said, “Get to hell out of here, you wise guy.” 

Q. Without vou saving anything or doing anything to this man he came 
over to you and said, “Get to hell out of here, you wise guy”?—A. Yes, sir. 

Q. That was it?—A. Yes, sir. 

Q. Without your saying a word to him?—A. Yes, sir. 

Q, Didn’t you think that was pretty funny conduct for a man?—A. Yes, sir; 
that is just what I stopped to answer. 

Q. You are quite sure you didn’t say anything to him?—A. Not previous. 

Q. And you are quite sure he was so far away he could not hear what you 
were saying?—A. I don’t know whether he could hear or not. 

Q. He was 20 feet away and you were talking naturally enough?—A. A natu¬ 
ral way of talking. 

Q. Just as you are now?—A. Yes, sir. 

Q. You never saw this man before?—A. No, sir; I never did. 

Q. He didn’t know you?—A. I don’t think so. 

Q. You never did anything to him?—A. No, sir. 

Q. And you never spoke to him in your life before?—A. No. 

Q. You Lay that some other young men followed you?—A. Yes. 

Q. Were they with him?—A. Standing right along with him. 

Q. Were they where they could hear you when you were talking to the young 
man from the garage?—A. Yes; I think they could hear me. 

Q. They heard you?—A. I think they could hear me. 

Q. So if they were there they heard you telling this young man from the 
garage that you lived in East Boston?—A. Yes, sir. 

Q. And that you didn’t vote in that precinct; that was so, wasn’t it?—A. Yes. 

Q. So there wasn’t any attempt by these young men to intimidate you from 
voting there, was there? They knew you didn’t vote there, didn’t they?— A. I 
don’t know whether they did or not. 


TAGUE VS. FITZGERALD. 


161 


^ whether they did or not, 

Q. Were^hey^Vs^Vu-^-iw^v^f^ other young men?—A. They were around there, 
farther a^.ay "Ian stenographer ?-A. xNo; they wera 

n' as this?—A. I should say 15 feet 

A. l>s talking just in an ordinary voice?^ 

A.^No'^^I^a'idZ.;/! wonn’i-7 I"® “‘“I ^ here”?- 

Q. 

<H.ud hea;u;“tUr.s„re::.;t™,a^^^^^^ ^ 

O nfrr'thrV“‘‘'‘® A. I should think so. 

the"?; d'ased tueTfhatTs a‘a “«• but 

Q. You never did anything to them?—A. No. 

Q. lou never said anything to them before that morning*?—4 No 

q; Wherel-rin^the ea!- 

Q. You don’t know who he was?—A, I do. 

Q. tait is Ins name? A. I think it is Donovan—Jimmy Donovan 
Q. Do you know where he lives?—A No ^ouo\an. 

Q. AVhere he works?—A. No. 

Q. Ever see him before that time?—A. No sir 
Q. Ever seen liim since?—A. No, sir. ’ 

4 ‘“0"; tlie names o( any of'the other young men that were there ’ 

Leonard ‘ ‘ "is name^f it was not 

same monihig. morning?—A. Yes, sir; that 

Q. And he said substantially as you have told us?—A. Just the same thin.. 

go'info oom?-l‘Y^es.™’'’^^ """ “ corroborative witne"?ifwas“r usffo 

1 don t claim that the judge had any interest in this election*?_A t 

don t know about that. I can not say anything about that A. I 

Q W hen did you first talk to Mr. Tague or any one of his friends after tin:, 
election?—A. I had an appointment with a friend of mine at 10 o’clock 
Q. No; just answer my question.—A. About half past 10. 

Q. AMien?—A. On that day. 

Q. Election day?—A. Yes. 

Q. Mdth whom did you talk?—A. .Joe Kane 

th?t I^^avfcal’led’hta'j^e^' ^ '^^''ybody cali him that, and since 

Q. Do you know him well ?—A. No, sir 

time.""'^'™ ^be only time I met him was at that 

Q. M’here?—A. At Mr. Tague’s headquarters. 

there?—A. My chum toid me to tell this story to 
IMr. Tague s manager. atuiy lo 

Q. Who is your chum?—A. Mr. Goldberg. 

Q. IVho is ]Mr. Goldberg?—A. He lives at 217 Saratoga Street 

t'’t®''c®ted in the campaign of Mr. Tague?—A. He would like to 
see Mr. Tague get in. 'vuuiu uKe lo 

Q. Interested in this campaign—worked for Mr. Tague?—A No sir 
Q. Did he give out stickers that day?—A. No, sir. ’ ’ 

Q. How do you know?—A. Because he worked all that day 
Q. Can you bring any witnesses in here, sir, to testify to this alle-ed assanlr 
besides yourself?-A. If I had I could have brought that man to court thifday 
Q. You can not do it, can you?-A. No, sir; only my friend at that time f 
was just telling you about. ^ ^ 

Redirect examination by Mr. O’Connell : 

Q. It was very evident that they didn’t want anybody around that part of the 
city except somebody who lived there?—A. Yes, sir. 

Q. They didn’t want anybody outside to see their nefarious work on that 
day, that is about the size of it?—A. Yes, sir. 

122575—19-11 



162 


TAGUE VS. FITZGERALD. 


(Objection by Mr. Cnllahan and his objection noted.) 

(}. A decent citizen that might stop to see it was assaulted; that is what 
happened, isn’t it?—A. Yes, sir; that is what happened. 

Mr. O’Connell. That is all. 

Abraham E. Halpern. 

INIK^HAEL O’CONNOR sworn. 

Direct examination by Mr. O’Connell: 

Mr. O’Connell. Mrs. O’Connor was summoned and Mr. O’Connor volunteered 
to appear before us and give the story, and for that reason he is put on as a 
volunteer at the present time. 

(This procedure objected to by Mr. Callahan and his testimony admitted by 
Notary Berman.) 

(Mr. Callahan’s objection noted.) 

Q. What is your full name?—A. Michael O’Connor. 

Q. And where are you registered from as a voter, Mr. O’Connor?—A. 25 
Blackstone Street, the New England House. 

Q. You voted from there on election day?—A. Y^es. 

Q. Is ward 5 your precinct?—A. l"es, sir. 

Q. Where do you live?—A. I live there. 

Q. Where is your home?—A. There. 

Q. Don’t you live in Newton?—A. No, sir. 

Q. How long have you lived in Newton?—A. My family has been there for 
'9 or 10 years. 

Q. Don’t you stay with your family?—A. Occasionally. 

Q. What do you mean by “ occasionally,” tell us in full?—A. Do you want 
me to go all over the whole situation; is that it? 

Q. Probably that would be the best way, in order that we may have no 
mistake.—A. I have lived in Boston about 40 years; that is, about that—38 or 
40 years. About 9 or 10 years ago we had some small children in our family, 
and at that time we were in rather congested apartments, and we had, or the 
children had, some trouble with the neighbors, and I told my wife that the 
best thing for us to do was to get out of town where we had more room, and 
^ve bought this place in Newton and moved our family there so our children 
■could have the advantages of the schools there. We 'intended to move' back 
after the children were grown up, and that is our intention now. 

Q. Your children are now going to the Newton schools?—A. Not to the public 
school. 

Q. In Newton?—A. They are. 

Q. Near your home?—A. Yes, sir; quite near. 

Q. What part of Newton do you live in?—A. Walnut Park. 

Q. It is a city just outside of Boston?—A. Seven miles out. 

Q. How many years have you been there?—A. I think I bought that place 
either 9 or 10 years ago last summer. 

Q. And it is furnished with your furniture?—A. Yes, sir. 

Q. And, I suppose, outside of a few nights when it is convenient for you to 
•stay in Boston, you stay at Newton?—A. I am a commercial traveling man 
and away from home quite considerable. 

Q. And aside from the time you are traveling, your home is in Newton —^A 
No. 

Q. All your furniture is in Newton?—A. Yes. 

Q. How large is your house in Newton?—A. Fifteen rooms, I think. 

Q. And garage attached to it, or a barn?—A. I got some chicken houses and 
■chicken runs. 

Q. And your clothing is kept in Newton?—A. Yes. 

Q. And your wife has never stayed at the New England House with you?— 
A. She may have a few times. • 

Q. When? I thought you told me she never did?—A. I would not be positive. 
If she did it was a long time ago. 

Q. Do you know whether your wife even knows where the New England 
House is?—A. I guess she is not very familiar with that district. 

Q. How old do you say your children are—A. One 7, one 10, and one 24. 

Q. This house in Newton is in your name?—A. In the name of myself and 
my wife. 

Cross-examination by Mr. Callah.\n : 

Q. You don’t vote in Newton, do you, Mr. O’Connor?—A. No, sir. 

Q. And have you always voted in Boston?—Always voted in Boston. 


TAGUE VS. FITZGERALD. 


163 


mj^hOTni New England House your liome?-A. I consider it 

sa?si^ce "tavMfee'^tte^rrofw™^^ House?-A. I ehould 

to?-.t"NZd.^Ylked \nf S. Nobody asked you 

sa.ue as Inow“"‘ ®"Sland House?-A. The 

Q. Were you there on the 1st of April ?-^A. Yes. 

Redirect examftiation by Mr. O’Connell * 

A.^on trr:sti^rcroiorn‘>errTr,o:.?i^^^^^^ 

Lv™‘l''X.‘;rrre^ut.7; Housi;X^at;r!Xuf 

By Mr. Callahan ; 

Q. You are known to the proprietor there?—A. Yes, sir. 

Michael O’Connor 

EDIVARD I. KELLY, recalled. 

By ]Mr. O’Connell : 

Ar,?’morning’s testimony you stated you were very much interested in 
IMr. Feeney’s campaign in ward 1?—A. Very much iiiteiesrea in 

Q. You directed it in a great part?—A. Gave my services wholly. 

the fi-ht in were generally accepted as the man who led 

luenrHt^i^nf written state- 

^ effect I gave my services, but I don’t want it to go down in 

foiir^yearrago^’ ^ services, the same as I gave them to Mr. Tague 

Q. You were leading the fight for him in ward 1 as best you could’—A I 
f ^ leading it. I was very strong for him, being a resident of 

Q. And you were prominent?—A. That is for the outside people to iudge. 

T i-n cV putting of men to work at the polls?—A I did’ 

I didn’t know I did. 

Q. Didn’t you?—A. No. 

Q. IVhere did you get the money to pay them? Where did you get the money 
you paid out for workmen in ward 1 on election day?—A. I received no money 
I put no men to work. 

Q. You were on the stump for Mr. Fitzgerald?—A. Yes, sir. 

Q. And there were a number of workers for Fitzgerald in the ward that 
day?—A. Just as many for Tague. 

Q. IVon’t you answer my question?—A.-Yes. 

Q. Do you know their names?—A. I was not interested only in my own 
Q. Do you know the names of any in your ward working for Mr. Fitzgerald 
on election day?—A. Well, sometimes a man lives in ward 1 and he is more 
interested in ward 2. 

Q. Don’t you want to answer my question?—A. Martin H. Elin lives in ward 
1 and is more interested in ward 2. 

Q. Who else?—A. Michael J. Brophy. 

Q. Ward 1?—A. Ward 2., 

Q. Didn’t you state that you were in ward 1?—A. Ward 1. 

Q. Were you working in ward 1?—A. l^es. 

Q. I am asking you about ward 1 now.—A. Thomas R. Kelley. I don’t re¬ 
member any others. 

Q. Who handled the money over there in that ward?—A. I don’t know. 

Q. Did you handle the money over there that day?—A. No, sir. 

Q. Did you handle the money there for the few days before? Did you 
handle any money for Mr. Lomasney, John F. Fitzgerald, or Michael Brophy, or 
any men on behalf of the candidacy of Mr. John F. Fitzgerald?—A. No, sir. 

No more than I did four years ago for Mr. Tague. 

Q. By that what do you mean?—A. I handled the same amount of money for 
Mr. Fitzgerald as I did four years ago for Mr. Tague. 


164 


TAGUE VS. FITZGERALD. 


Q. By that what do you mean?—A. Not any money. 

Q, Why do you interject in your answer about four years ago for Mr. Tague? 
Any particular reason?—A. I treat a man as I find him. When a man changes 
I change. 

List of witnesses who had been summoned for the day read by Notary Berman 
at Mr. O’ConneU’s request. 

]Mr. O’Connell. I will now read this into the record, with the assent of Mr. 
Callahan. • 

Febkuaky 25, 1919. 


Timothy F. Callahan, Esq., « 

Attorncn and Agent for John F. Fitzgerald. 

JfO Court Street, 

Boston, Mass. 

Deae Sir: Please take notice that on Thursday, February 27, 1919, we shall 
examine the following witnesses before Hon. A. C. Berman, notary public, in the 
matter of the Tague-Fitzgerald contest: 

IMelancthon W. Burlen, 

Frederick .T. Finnegan, 

Edward P. Murphy, and 

.Jacob Wasserman; addresses, election commission, city hall, Boston. 

Thomas F. Pedrick, sergeant at arms. State House, Boston. 

The hearing will be held at the United States court room 395, and I shall 
then ask that the hearing adjourn to the office of the election commissioners at 
the city hall, Boston. 

Very truly yours. 


.Joseph F. O’Connell, 
Attorney for Peter F. Tague. 


Mr. O’Connell. May it please the Court, it is very evident that an attempt is 
being made to interfere with this hearing. Over 50 witnesses were summoned 
to be here for to-day. They were summoned according to law by the United 
States marshal. Most of them were summoned by leaving the summons in hand, 
as you will observe bj^ the returns from the marshal. Jt is very evident that they 
are not going to come here and that they are deliberately staying away. This 
is in keeping with the policy of this whole contest from the very beginning. It 
is the same kind of procedure that took place before the ballot law commission 
when witnesses were summoned by the sergeant at arms. The United States 
Government asks through the instrument of State officers, the United States 
marshals, that witnesses be called here to testify in this case. It is very sig¬ 
nificant that the attorney for the contestee, Mr. Fitzgerald, has on several occa¬ 
sions gotten up in this room and told witnesses they didn’t need to answer. It 
is very evident that they intend to prolong and interfere with this hearing, and 
I. therefore, ask you, sir, on behalf of IMr. Tague to take this matter up imme¬ 
diately with the United States district attorney and see that these witnesses are 
brought in here, and that the grand jury indict such witnesses as are not ex¬ 
cused according to the statutes by sickness or disability from appearing here. 
Something must be done to expedite this hearing. At this hour in the afternoon 
there are no witnesses to respond after they have been served in hand according 
to the returns and we have put up with this now for four or five days and I don’t 
care to put up with it any longer and I ask, tlierefore, that you take immediate 
action. 

Mr. Callahan. Mr. Notary, I suppose I would not answer my brother except 
for the fact that he mentions me in this tirade he has just gotten out of his 
system. I think my lirother is especially pleased that there are not witnesses 
here, because it gives him a chance to blow off like this every once in a while, 
but I want to say I have said nothing to witnesses here, either in the court room 
or out of the court room, to deter them from coming here. We have in no way 
interfered with witnesses, and we do not propose to interfere with witnesses. We 
should be glad to have all the witnesses here, and we shall be most glad if you 
would consult with the district attorney and see if witnesses can be brought 
here. It is not our business. It is your business and the business of Mr. O’Con¬ 
nell, but we assure you we won’t interfere in any way. I want to call your 
attention to the fact that this statute gives the contestant or even the contestee 
the right only to summon people who live within the county. That is clear. 
That can not be misunderstood. That is the ruling of the statute, absolutely, 
and when my brother or his friends take it upon themselves to summon people 
outside of the county it is only fair to assure you that these people know their 


TAGUE VS. FITZGERALD. 


165 

t7the\l"o/rtheattor™^^^ *. ! to charge 

Mr. O’Connell. I s* ‘ interference of witnesses, 

peatedly that witnesses don’t need^to an^swpVfhP Fitzgerald has said re- 

to them. I call to your XntioifsectCiip has been handed 

to state that any person who Invinf^hlpn ^ Revised Statutes, which goes on 

refuses or neglects to apnear nnlpSa manner above directed 

sity shall also be liable to an indictment sickness or unavoidable neces- 

fine and imprisonment! tRctment foi a misdemeanor and punishable by a 

goiHg to g^fonwircl wTth if"! asr^fnT 

right at it. "titijoiirnment light away, and we will go 

(Discussion.) 

n,ourg'I/wUn:S.eJ" ^ ‘he sum- 

oontesrant. Mi O^onne 1 1 vSn ^oii, as attm-ney for the 

(Adjourned until 10 o clock a. m., Wednesday, Feb. 26, 1918.) 

Commonwealth of IMassachusetts, 

Stiff oik, ss.: 

I, stenographer appointed by Abraham C. Berman to take and rednee 
writing the te^imony of the witnesses in the contested election of Peter F 
Tapie tc John F. Fitzgerald, having first been duly sworn by rnZrv do h«e^^; 

denn* ’*** I have truly and correctly recorded and transcribed the evi 

dence of the above outnesses within this book. ^ ^ ® 

Boston, Mass., Ma^ 5, 1919. 'Dora H. Baenes. 

Personally appeared above Dora H. Barnes and made oath that statement 
signed Mas true to the best of her knowledge and belief. 

Abraham C. Berman. 

COMMONM’EALTH OF INIASSACHLTSETTS, 

Suffolk, ss.: 

I hereby certify that the foregoing in this volume, containing about 22 pa^-es 
together with the n<rtice of contest and answer, is a true and correct copy of 

Tat O >«e. «n<ter oath, in the contested election of Peter F 

Tagne v. John F Fitzgerald heginnlng February 19, 1919; exhibits herein re- 
ferred to are marked as described and made part of this record. 

Abraham C. Berman, 

Boston, Mass., J/«i/ J, mo. 


February 26, 1919—2 p. m. 

Mrs. MINNIE GORDON, SMurn. 

• Direct examination by Mr. O’Connell: 

Q. AVhat is your full name?—A. Minnie Gordon. 

Q. AWiere do you live?—A. 7 Melton Road, Brighton. 

Q. And you are the wife of Isaac Gordon?—A. Yes, sir. 

Q. AVhat is Mr. Gordon’s business?—A. Hotel business. 

Q. AAdiere is his place of business?—A. 128 Court Street. 

^Q. Hom^ long have you been living at Melton Road, Brighton?—A. Since last 

Q. And before that, where did you live?—^4. In Roxbury. 

Q. AVhat part of Roxbury?—A. 20 Seaver Street. 

Q. And how long did you live at 20 Seaver Street?—A. Two years 
Q. AA^ith your husband and family?—A. Yes. 

Q. How many children have you?—A. Three. 

Q. AVhat are their names?—A. The oldest, Harold. 

Q. How old is he?—A. 11; Sidney, 8; and Ellis, 2 years. 


166 


TAGUE VS. FITZGERALD. 


Q, And I presiiiiie the two older children, being of school age, go to school?— 
A. The Bennett School. 

Q. That is in Brighton?—A. In Brighton. 

Q. Your husband’s age is about 47?—A. About 45. 

Q. You never lived at 128 Court Street?—A. No. 

Q. Nor your children?—A. No. 

Q. And before living in Roxbury—three years you say you lived in Roxbury?— 
A. Two years. 

Q. And before that, where did you live?—A. I have lived in Roxbury for the 
past 12 years. 

Q. Since you were married?—A. Yes. 

Q. And with your husband and children as they came along?—A. Yes. 

Q. And your husliand was here this morning, was he?—A. Yes. 

Q. Is he here now?—A. No. 

Q. Do you give the police the name of your husband when they come around 
on the 1st of April?—A. No. 

Q. Is that because you receive orders from him not to?—A. He lives at the 
hotel most of the time. 

Q. Does he give you orders not to give his name when the police come and ask 
who the men are in the house?—A. He has been- 

Q. Won’t you answer my question? Does he tell you not to give his name?—• 
A. No. 

Q. How does it happen that you do not give the names of the male inhabi¬ 
tants of your house?—A. Because he does not live home very often. 

Q. By that what do you mean ?—A. He doesn’t come home to sleep. 

Q. On the 1st day of April?—A. All the time. 

Q. Doesn’t he sleep at home with you?—A. No. 

Q. How long since that has been?—A. For the past three years. 

Q. Now, Mrs. Gordon, I don’t want to interfere with you, but Mr. Gordon has 
been home with you in the last week?—A. He comes home during the day. 

Q. Oh, he comes home during the day?—A. Yes. 

Q. Your husband comes home every day?—A. INIost every day. 

Q. And the reason he isn’t home nights is because he is working nights? That 
is about the reason, isn’t it?—A. He doesn’t work. 

Q. He looks after his hotel business nights?—A. Yes. 

Q. And daytimes he is home? Now, he owns the furniture in your home in 
Brighton?—A. Yes. 

Q. And he pays all the bills?—A. Yes, sir. 

Q. Does he own the house?—A. Yes, sir. 

Cross-examination by Mr. Callahan : 

Q. Now, Mrs. Gordon, 128 Court Street, do you know what that is?—A. It is a 
hotel. 

Q. And the name of the hotel.is what?—A. The Higgins House. 

Q. And Mr. Gordon is the proprietor of the Higgins House?—A. Yes, sir. 

Q. How long has he been the proprietor of the Higgins House?—A. I don’t 
know. 

Q. Several years?—A. Four or five years. 

Q. And I think you said in answer to Mr. O’Connell that because of his busi¬ 
ness he stays at the hotel almost every night.—A. Yes, sir. 

Q. And that happens throughout the whole of the year, doesn’t it?—A. All the 
time, 

Mr, Callahan. I think that is all. 

IMrs. MADONE MORGAN. 

Direct examination by Mr. O’Connell. 

Q. What is your full name?—A. Madone Morgan. 

Q, And where do you live?—A. 685 Boulevard, Point of Pines. 

Q. And do you know Bernard E. Grant?—A. Yes, 

Q. Where does he live?—A. On the Boulevard, about six houses from us. 

Q. Do you know his brother, John J. Grant?—A. Yes. 

Q. Does he live in the same house?—A. He lived in the same house until 
lately. 

Q. How lately?—A. About a month ago. 

Q. How long has Bernard E. Grant lived there?—A. Mr. Grant has lived 
there as long as I have been on the Boulevard, and that is three years. I don’t 
know how long before. 



TAGUE VS. FITZGERALD. 


167 


with his mother^next^^dooi\* there? A. About the same time. He lives 

q! Ho\Voh?a^inmUs Benmn'rF years?—A. Yes. 

He spen.ls his time at i,is home re'niHrtv'so tarT''* ""-T 
So tar as I know. teiuaiij so tai as you have observed?—A. 

Q. He is a contractor?—A I don’t knnw i • i 

Q,- Bv"timt r -’-A/’rhavJ^t'anyi:,,!^ 

because I only see^him g^hnVhrind ^ how old he is 

Q. Any children?—A. No. 

Q. Is he married?—A. Yes. 

Q. Lives there with his wife?—A. Y"es. 

imagine/"'"' A. Yes; married within about six weeks, I 

Q. And does he live there with his mother?—A. Yes 

iiiink he''ls,'hut /‘d/n’fknowfor siu™'‘‘ contractor ?-A. Weii, I 

Q. bi'd yim 'kimw"t'ha't 'BeriTarYE /"i/nt’/va'" '''* '’‘'y'**’' ^ lawyer. 

Lomasney?—A. No. ’ ^ ^ partner of yiartin M.. 

Cross-examination by Mr. Callah\n- 

O: Ev^ sp'eai/'tSyi'’?y>'» No. 

Q. And when w’as the first time you spoke to him*^_4 Wou 4 - 4 -i 

years ago wdien w’e moved dowui on the Boulevard. " » ‘ tut three 

Q. And how’^ frequentlv do vou meet Tolm Pronf*? \ n t i 
maybe three or four tiines a year ^ 

a - - St"s" tS bi;? 

I know he wxas married just a short time ago •> J e nine, out 

Q. Within twm months?—A. About twm months 

paS y/.arrrw;iriust'’/bouf rt«- 

^Olm Grant was iast 

A.^oVl do"n’ot.'"’"''' ^tant was iast Marcii or Aprii, do you? 

By Mr. O’Connell : 

Q. Do you know wiiere ids wife was during iast year?—A. I tidnk siie was 
i.vnig down on tiie Bouievard. I tidnk she was there most of the time! 

By Mr. CalLxYhan : 

Q. Do you know she was there in April?—A. No; I haven’t any idea. 

By Mr. O’Connell : 

^ Q. You assumed she w’as there right along?—A. I imagine she was That 
is w’here she lives. j-inic 

Q. Y"ou didn’t see the house closed up?—A. No. 

By IVIr. Callahan : 

Q. That is a place wdiere people go to live in the summer?—A. gSome peonlf- 
only live there m the summer, but some live there all the year round. ^ 

Q. A great many people go and live' there in the summer?—A. Yes. 

By Mr. O’Connell : 

Q. That is further up the beach, though, isn’t it?—A. Some people go for 
the summer. ^ ^ 

Q. Y^oii live there the year round?—A. Yes. 

Q. And the Grants live there the year round?—A. So far as I knowL 

Q. Their house has not been closed up like other houses*^_A No I don’r 

think so. . . ^ , aiuh u 

Mr. O’Connell. That is all. 

Mrs. Madone Morgan. 

Mrs. Day, wife of Edw’ard P. Clark, called as a witness and not present. 


168 


TAGUE VS. FITZGERALD. 


Mi-h. MARGARET J. McCAFFREY, sworn. 

Direct examination by Mr. O’Connell ; 

<). What is your full name?—A. Mrs. Margaret J. McCaffrey. 

Q. And where do you live?^—A. Medford. 

Q. What is the street «nd numl)er, please?—A. 28 Stanley Street. 

Q. Medford is a city outside of Somerville?—A. Y^'es, sir. 

Q. Two miles away?—A. Yes, sir. 

Q. And you are the wife of .James McCaffrey?—A. Yes, sir. 

Q. And how long have you been living in MQdford, Mrs. McCaffrey?— A. 
Seven years. 

Q. And with your family?—A. Yes, sir. 

Q. What is it composed of?—A. Five. 

Q. What are their ages?—A. The oldest is 21; 20, 18, 16, and 13. 

Q. Any of your children go to school in Medford?—A. Y’^es; the youngest. 

Q. What is your husband’s business?—A. He works in B. F. Brown’s on 
Fulton Street. 

Q. Have you ever lived at the Hotel Lucerne in Boston?—A. No, sir. 

Q. Did your husband?—A. No, sir. 

Q. Do you know where your husband does vote?—A. No; I don’t. 

Q. When the assessors come around in May, is his name given to the as¬ 
sessors, do you know?—A. Yes, sir. 

Q. And how old is your husband?—A. He is .54. 

Q. Cnn you describe his build?—A. He is tall and thin. 

Q. Taller than you?—A. Yes, sir. 

Q. About 6 feet tall, isn’t he?—A. Yes; I think he is. 

Q. You don’t actually know where your husband votes, do you?—A. No, sir. 
Cross-examination by Mr. Callahan : 

Q. What do you say your husband’s business is?—A. He is with B. F. Brown, 
blacking business on Fulton Street. 

Q. Do you know what he does there?—A. A shipper. 

Q. In B. F. Brown’s, and where is that located?*—A. On Fulton Street, I 
-don’t know the number. 

Q. What sort of a husiness is it?—A. Shoe blacking. 

Mr. Callahan. That is all. 

Mrs. DAY" called and not present. 

Miss AGNES GALVIN, sworn. 

Direct examination by Mr. O’Connell; 

Q. What is your full name?—A. Agnes Galvin. 

Q. And where do you life?—A. 22 Myrtle Street, Boston. 

Q. And you run a lodging house there?—A. l"es. 

Q. Among your lodgers is there a Charles E. Maynard?—A. Yes. 

Q. How old a man is he?—A. I don’t know just how old he is—about 35. 

Q. What is his business?—A. Photographer. 

Q. And where does he work?—A. For the Avery Studio. 

Q. And where is their place of business, do you know?—A. I don’t know, but 
they have several places. 

Q. A place on Tremont Street and one in Pemberton Square?—A. Yes, and 
on Court Street and all over. 

Q. Do you give his name to the police on the 1st of April when they come 
around?—A. Yes. 

Q. And now you are sure of that?—A. I always do. I always give their 
names. 

Q. Myrtle Street is over on the further end behind the State House on 
Beacon Hill?—A. Yes. 

Q. Did you give it last year the same way?—A. Yes; but Charles Maynard 
doesn’t sleep in the house. 

Q. I am asking you about giving his name?—A. Yes. 

Q. Have you seen Mr. Maynard recently?—A. No; I haven’t seen him. 

Q. When did you last see him?—A. I see him perhaps once in two or three 
months. 

Q. Did you see him within a month?—A. Yes. 

Q. Where?—A. He came to his room and changed his clothing. 

Q. And did you have a talk with him?—A. No. 


TAGUE VS. FITZGERALD. 


169 


lils^roorevery'weekr >”Outh?-A. He pays for 

pu?s it umJeVlits 7' P^S' me, he 

V) ww L7 I' ’’“P®® fl'e y®ai-s last June. 

Yes ^ comes, he comes in and goes out and you don’t bother him?—A. 

Q. I see. Have you many other lodgers in the house?—A Yes 
o others, please?—A. It is a small house, 8-room house 

with our own! "" lodgers?-A. Have only four or five 

Q. And I believe you give the names of all of them to the police?—A. Yes. 
Cross-examination by Mr. Callahan : 

A.^ThtL'! '’*‘'’® “®‘'® than one lodging house, haven’t yon?— 


-A. Yes: .31 and 3 


A three lodging houses on Mvrtle Street’- 

Ash Place and 22 Myrtle Street. 

sis?ertives‘in 22.'’”"'' ^ h'® >« and 22 between them. My 

Q. And you live in 31?—A. Yes. 

Q. And sometimes you live in the other one?—A. Yes 

in 3 Ash Place'’*' number of the other one?—A. I have a housekeeper 

Street” house does Mr. Maynard pay for the room?—A. In 22 Myrtle 

Q. 22 :Myrtle Street?—A. Yes. 

Q. And that is where your sister lives?—A. Yes. 

T don’t know whether Mr. Maynard comes there or not*?—4 Yes- 

I do know. ’ 

Q. From seeing him there?—A. Yes. 

Q. Isn t it a fact. Miss Galvin, that you said a moment ago that sometimes 
you only saw him once in two or three months?—A Yes - that is a fact 
Q. That is the truth?-A. Yes; that is the truth. ’ 

9’ can you, if you saw Mr. Maynard there in IMarch 

^ April of last year?—A. Mr. Maynard doesn’t sleep there once in three months 
He has a room at the Hotel Royal and comes to my house to change his clothes 
and take a bath, because his clothes are safe, and the room he has in my house 

Q. Where is the Hotel Royal?—A. On Court Street; I don’t know the number 
Q. And you know that for a fact, do you?—A. I knew that for a fact when he 
■came to the house; yes. 


Redirect examination by Mr. O’Connell: 

Q. This hotel is one of those 25, 50, and 75 cent a night houses?—A I don’t 
know what it is. 

Q. And does he tell you it is unsafe to leave anything there*?_A Yes- he 

told me that when he came to the house. 

Q. Tell you no respectable man would be found dead there and that he didn’t 
want his belongings found there?—A. No; he was afraid he would lose his 
•clothes. 

Q. You say you get your dollar each week?—A. Yes. 

Q. Under his pillow?—A. Yes, sir. 

IMr. Callahan. I don’t think she said that. 

Q. Didn’t you say that?—A. He leaves his room rent under his pillow. 

Q. Each week?—A. Sometimes he leaves a month’s rent in advance. 

Q. When was the last room rent you got from him?—A. A week ago ' 

Q. How much v-as that then?—A. It was $3. 

Q. Th.at paid him up for three weeks?—A. Yes; he alw«ivs pavs his rent in 
adyance. 

Q. Rent is payable in advance from the lodgers?—A. Yes. 

Mr. O’Connell. That is all. 


Aones Galvin. 


170 


TAGUE VS. FITZGERALD. 


DANIEL J. CROWLEY, sworn. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Daniel J. Crowley. 

Q. And where do yon live?—A. One hundred and eighty Thorndike Street,. 
Cambridge. 

Q. How long have you lived there, Mr. Crowley?—A. About 22 years. 

Q. And you are married and have your family there?—A. Yes, sir. 
(Objection by Mr. Callahan to this witness testif.ving because he was not 
summoned.) 

Mr. Callahan. Mrs. Crowley was summoned and INIr. Crowley comes here 
and tells us his wife is unable to come because of sickness. 

Witness allowed to testify because he is a voluntary witness come to explain 
his wife’s absence. 

Mr. Callahan’s objection noted. 

Q. Where do you vote?—A, In ward 2, precinct 2, Cambridge. 

Q. Have you ever voted from 19 Causeway Street, Boston?—A. No, sir. 

Q- Do you know anybody who voted there under your name—A. No, sir ; 
I do not. 

Q. Did you ever register there?—A. No, sir. 

Cross-examination by Mr. Callahan : 

Q. How old are you?—A. Thirty-nine years. 

Q. And how tall are you?—A. Five foot six. 

(h What is your weight?—A. One hundred and twenty-five pounds. 

Q. Did you ever live in the West End?—A. Yes, sir. 

Q. Did you ever know another Daniel J. Crowley there—A. Yes, sir. 

Q. Old Dan Crowley?—A. Yes. old Dan Crowley. 

Q. And he lives at the address Mr. O’Connell read?—A. No, sir; he does noL 
Q. Did you ever know Daniel J. Crowley that lives on Anderson Street?— 
A. Yes; that is the one we are talking about. 

Q. How tall is he?—A. About the same, about five foot six, five foot five 
and a half. 

Q. About the same age?—A. Y’'es; about the same age. 

Q, About the same weight?—A. Y"es, sir. 

Redirect examination by Mr. O’Connell : 

Q. Did you ever vote in that ward?—No, sir. 

Q. This Mr. Crowley that lived on Anderson Street, where does he live now?— 
A. I haven’t seen him since I went to school over in the West End. 

Q. Anderson Street is some little distance awav from Causeway Street?—A. 
Yes. 

Mr. O’Connell: Nineteen Causeway Street is the Lucerne, or one of these- 
one-night hotels that have been described here. 

Mrs. ANNIE MANNING, sworn. 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Annie Manning. 

(}. Where do you live?—A. One hundred and three St. Alphonsus StreeL 
Roxhury. 

Q. Ymu are the wife of Martin Manning?—A. Y'es. 

Q. And does he live with you at St. Alphonsus Street?—A. Y^es, sir. 

Q. How many children have you?—A. Two. 

(h How old are .they?—A. One is 13 and one 11. 

Ch Do they go to school?—A. Yes, sir. 

Q- Where?—A. The girl goes to the Roxhury High School and the boy goes to- 
tlie Mission Church Parochial School. 

Q, That is near St. Alphonsus Street?—A. Yes. 

Q. How long have .vou lived there?—A. Almost six years. 

Q. What is your husband’s business?—A. Freight handler. 

(L For whom does he work?—A. The Boston &, Albany Railroad. 

Q. How long has he worked there?—A. Two years. 

Q. I’rior to moving to St. Alphonsus Street, Roxhury, where did you live?— 
A. Thirty-two St. Alphonsus Street. 

Q. How long did you live there?—A. Seven years. 

(}. So for 10 years you have lived on St. Alphonsus Street?—A. Yes, sir; 
for almost 13 years. 


TAGUE VS. FITZGEKALD. 


171 


luisbaiul at 19 Callse^Yay Street, Boston?—A. 
Q. You. never knew of your husband living at 19 Causewey Street?—A. No, 


(}. Do you know where he votes?_A. 

Q- You never knew him to vote from 


He doesn’t vote. 

19 Causeway Street?—^A. No. 


Cross-examination hy Mr. Callahan : 

Q He doesn’t vote anywhere, does he?—A. No, sir 
C. He IS not a citizen?—A No 
Mr. Callahan. That is all. 


Mrs. MABGAKET VALENTI, sworn. 

Direct examination hy IMr. O’Connell: 

Q. Your name is what?—A. Margaret Valenti. , , 

(V - 1 ? hve?—A. I live on 22 Kennison Hoad, Somerville. 

C. SomeiMlle is a city outside of Boston?—A. Yes, sir. 

(V Valenti?—A.’Four years. 

C>. VMiat IS your luishand s name?—A. Antone Valenti. 

Q. And Ills businep?—A. His business is in the market, poultry. 

Q. Have you any children?—A. No, sir. , i u 

(}. Have .you ever lived elsewhere than at 22 Kennison Road, Somerville 

years?—A. No; I always lived in Somerville. My hus¬ 
band lives in Boston part of the time. 

Q. Your husband owns the house you live iiD—A No sir 
Q. Who does?—A. Mr. Hoyt. 

Q. Your husband pays the rent there, of course?—A. Yes sir 
Q. Hires the house?—A. Yes. ’ 

Q. And pays all the bills, of course?—A. Yes. 

Q. He bought all the furniture?—A. Yes, sir. 

Q. And liyes there when he isn’t busy elsewhere?—A. When he isn’t busy.• 
Q. He is in the poultry business, and sometimes on account of market con¬ 
ditions, he has to stay away from home?—A. Yes, sir. 

Q. How old a man is your husband?—A. I think he is either 46 or 47 
Q. Do you know where your husband votes?—A. No, sir. 

Q. Do you give Mr. Valenti’s name to the assessors the 1st of ApriD—A Yes 
sir. He could get it from the letter box if I wouldn’t give it to him. 

Q. And is there a telephone in his name?—A. No. 

Q. Don’t have a telephone?—A. No. 

Q. Did you give his name to the assessors on the 1st of ApriD—A No sir 
Q. Did your husband tell you not to?—A. No, sir. 

(No cross examination.) 


Mrs. ROSE SUSAN COLLIER, sworn. 

Direct examination by Mr. O’Connell: 

Q. IVhat is your full name?—A. Rose Susan Collier. 

Q. Where do you live?—A. 6 Readsdale Street, Allston. 

Q. How long have .you lived there?—A. Five and a half years. 

Q. Do you know Mr. William J. Sheehan?—A. I know his brother. His 

brother used to room with me, John J. Sheehan. He is a police officer sta¬ 

tion 4. 

Q. His brother used to room with you?—A. Yes. 

Q. Did William J. use to stop there?—A. He used to come occasionally, 
but I haven’t seen him for over a year. 

Q. Do you know where he used to sleep?—A. No, sir; I do not. 

Q. Do you know what his business was?—A. He worked in an office some¬ 

where. 

Q. How old is he?—A. His brother took the room and always paid the rent, 
but he used to come in and out. 

Q. By that what do you mean?—A. That his brother came occasionally to see 
him. He didn’t sleep there. 

Q. Do you know where he did sleep?—A. No, sir. 

Q. Did his brother work in the city hall?—A. It is somewhere down that 
way, but I don’t know anything about the man’s business. 

Q. Did you tell anybody that you knew him here a couple of weeks ago?— 
A. Did I tell anyone? Y^es, I think I did say I knew him. 


172 


TAGUE VS. EITZGEEALD. 


Q. Why (lid you say you knew him at that time and now you say you don’t 
know him?—A, He came in to see his brother. 

Q. Wliat else did you say?—A. That is all. 

Q. Did you tell the officer that he spent four or five nights a week at your 
house?—A. No; I did not. 

Q. You didn’t tell him that?—A, No. 

Q. You are sure of that?—A. Yes; I don’t know anything about the man. 

(No cross examination.) 

HENRY .T. O’MEARA, sworn. 

Direct examination l)y Mr. O’Connell ; 

Q. What is your full name?—A. Hcmry .T. O’Meara. 

Q. And what is your business?—A. Real estate. 

Q. And you are registered as having voted from the Quincy House, Boston?— 
A. Yes, sir. 

Q. And you voted from that address?—A. Yes, sir. 

Q. When did you register at the Quincy House?—A. I registered there at vari¬ 
ous times. 

Q. In connection with any voting, when did you register there?—A. I think 
on April 1. 

Q. You live, as a matter of fact, in Brookline?—A. A good part of the time; 
yes. 

Q. With your mother and family?—A. Yes. 

Q. By “ a good part of the time ” you mean that that is your permanent resi¬ 
dence?—A. I travel a good deal, and I stay in town a considerable part of the 
time. 

Q. Where is this place in Brookline?—A. 121 University Road. 

Q. And that is where your mother resides?—A. Yes. 

Q. And you live with your mother?—A. Y^es. 

Q. That is a fact?—A. Yes; a good part of the tinu^'—I travel. 

Q. In the Boston Directory you have given your name as living in Brookline; 
your home in Brookline?—A. I wasn’t aware of that fact. 

(Boston Directory brought in l)y direction of Mr. O’Connell.) 

Q. In the telephone hook you are listed as in Brookline?—A. Y^es. 

Q. And, of course, that is your telephone?—A. Yes; I am listed in the tele¬ 
phone hook as “ house in Brookline.” 

Q. And the telephone number in Brookline is what?—A. 495-M. 

Q. And that is the telephone at 121 University Road?—A. Yes. 

Q. All your belongings, private property, and, so far as household effects are 
concerned, ai-e at 121 University Road, Brookline?—A, I haven’t any household 
effects. 

Q. I mean your clothing and things of that kind?—A. I wouldn’t say all. I 
have some at the club and some at the Quincy House. 

Q. What club?—A. Boston Athletic Association. 

Q. This is the first time you have ever voted in ward 5?—A. The second time. 
This is the second year. 

Q. As a matter of fact, your voting in ward 5 was for convenience sake?—A. 

I am voting there because I am given to understand I had a right to, and I 
chose that place to vote in rather than Brookline. 

Q. In other words, between Brookline and the Quincy House, you elect 
to register on April 1 at the Quincy House in Boston?—A, Yes, sir. 

Q. Do you recall as a matter of fact you were at the Quincy Hou.se on April 1, 
or whether you gave your name to Mr. McCarthy to register?—A. I spend part 
of my time almost every day at the Quincy House. 

Q. The question was whether or not you were on April 1 last at the Quincy 
House, or whether you gave your name to Mr. McCarthy to register ?—A. I was 
there part of the time, to the best of my recollection, 

Q. Part of the day?—A, Yes, 

Q. You didn’t sleep there that night?—A, I don’t believe I slept anywhere 
until after 12 o’clock that night. 

Q. And then you slept in Brookline?—A. Yes; to the best of my recollection. 
I am not positive of that fact, however. 

Q. I will ask you to look at the Boston Directory and see if what I said is so 
or not.—A. That is so. I don’t know who furnished the information. I didn’t 
do so myself. 


TAGUE VS. FITZGERALD. 


173 


Throughth^BostonDh^^^^^^ *“ Brookline?-A. 

Cross-examination by Mr. Callahan: 

wlPo that statement to those 

tered of'^lr tvl/^liuS" “°use, you listed and regis- 

district asked yon to register and get listed or registered 
n \ through my own choice. Some .ne may have suggested it 

Cha'rleVj.‘MeS.r,liyr‘' "-P-etor of the Qaincy''Hous^rr^ota'J. and 

Q. You are associated with them in business’—A Yes 

ho?se‘t^A.^'No,''s'*'’‘*'®‘' “’® ““t™' “»n«gement of that 

Yea "'ith them in tlie management of some real estate?—A. 

Q. Ownership and management?—A. Y"es, sir. 

wn?v A never asked you to get listed or registered from that 

him; never talked \iith him ^ 

did^lm;!;? i"don't'Sf^k‘so.'’''’"' hotei, 

Q. Y^ou are certain?—A. I am certain; yes. 

Redirect examination by Mr. O’Connell: 
the^soIhllawS^Mtf.'/ih.l Kennedy, 

W.?-.lohn F"Fltzi4™,d?-A:^S!’-'''’ 

• % (hd the suggestion come from them in reference to vour reo-i«tpr. 

T^‘ ^ could not say that. It was a year and a half ago I registered'’ 
reSiy c!in’t'Vecan^^ suggested to you that you register there?-A. No; I 

Q. Mas it Mr. Kennedy?—A. I know it wasn’t Kennedy 
Q. You are sure of that?—A. Positive. 

By Mr. Callahan : 

Q. As a matter of fact you were listed and registered there in 1917’_4 

Yes, sir. . ..-a. 

Mr. O’Connell. ]\Ir. Boynton has sent down here a certified conv of the 
finding of the Ballot Law Commission, with the date on which it was'receiveel 
It reads as follows: The finding of the Ballot Law Commission, and the letter 
accompanying same, marked “Exhibit 25,” and read into the record by Mr 
O Connell, with the con.sent of Mr. Cadahan, as follows: 


The Comaionwealth of Massachusetts, 

rr a , ^ ^ Bostoii, October 29, 1918. 

JO the Stecretury of the Coinmonmeatth: 


The Ballot Law Commission having considered the objections to the nomi¬ 
nation of John F. Fitzgerald, as a candidate for the office of Representative in 
Congress, with the political designation of Democratic, together with all other 
questions arising in relation thereto, decides that the name of the said John 
I’. Fitzgerald shall appear upon the official ballot as a candidate for the office 
Representative in Congress under the political designation of Democratic 


Hy. V, CUNNINGHAAI, 
Francis W. Estey, 
Thoaias M, Vinson, 
State Ballot Law Commission. 


Received at 12.35 p. m., October 29, 1918, Secretary’s Office. 
The Coaiaionavealth of Massachusetts, 

Offlee of the Secretary^ Boston, February 26, 1918. 

A true copy. 

Witness the great seal of the Commonwealth. 


Albert P. Langtry, 
Seeretary of the Commonwealth. 


174 


TAGUE VS. FITZGEKALD. 


The three-page statement, accompanying this finding, reads as follows: 

OBJECTIONS TO NOMINATION OF JOHN F. FITZGERALD AS CANDIDATE FOR CONGRESS 
IN TENTH MASSACHUSETTS CONGRESSIONAL DISTRICT. 

The issues heard by ns were illegal voting and alleged fraud on the part 
of the election commissioners of the city of Boston, in conducting the recount 
of votes cast for this nomination in the primaries on September 24, 1918. 

Because of the importance of these issues bearing upon the integritj" of the 
election and the conduct of a public board we file this memorandum with our 
decision. 

The fraud alleged on the part of Hie election commissioners consisted in the 
obtaining of 1,000 additional ballots from the State printer on the afternoon of! 
the primary to provide for an anticipated shortage; and the delay in granting 
Mr. Tague an inspection at the recount of the unused ballots in an endeavor 
to discover 50 Democratic ballots claimed to have been cast and not counted 
in ward 5, precinct 5. In procuring these 1,000 extra ballots the election 
commissioners acted properly. 

We examined all the records of precinct 5, ward 5. the check list, all the 
ballots that had been furnished by the secretary of the Commonwealth, both 
those cast and those remaining uncast, including the ballots of all the political 
parties, and found that no ballots were missing and that the number of ballots 
cast agreed with the number of names checked on the voting list as having 
voted. 

Another claim of fraud was the use of an emergency ballot box in ward 5, 
precinct 4. It appeared that the crank of the registering ballot box could 
not be found at the opening of the polls at 6 a. m., whereupon the emergency 
ballot box was used until 8.15 a. m., when the ballots then in the emergency 
box were publicly, one by one, taken out and transferred to the registering 
ballot box. The ballots cast and not cast in this precinct were counted by us, 
and the names checked on the voting list agreed with the total number of bal¬ 
lots cast. The total of ballots cast and not cast also agreed with the number 
of ballots furnished by the secretary of the Commonwealth. 

We find that this use of the einei’gency ballot box and the transfer of the 
ballots to the registering ballot box were not fraudulent and they in no way 
affected the result of the election. 

In ward 5, precinct 3, the cancelling device of the registering ballot box did 
not print the precinct number, although the cancellation in all other respects 
was perfect. This could not be discovered until the polls were closed and the 
ballot box was opened. It was claimed that the ballots in this precinct should 
all be rejected because of this defect. The voters who voted in this precinct 
can not be disfranchised by this defect of the canceling device. 

Minor irregularities on the part of some of the precinct ofRcers were shown, 
but they in no way affected the result. 

The rule of law governing us on this branch of the case is stated by Attor¬ 
ney General Pillsbury in Russell’s Massachusetts Election Cases, page 52, “ It 
is a settled rule of election law that mistake or fraud of election officers shall 
not invalidate a vote lawfully and regularly cast, and this is a salutary rule 
in the interest of the public no less than of the voter.” 

Three cases of illegal voting upon the name of registered civilans were 
proved. 

It was alleged that 17 illegal votes were cast upon the names of soldiers and 
sailors in the United States service claimed to be absent at camps or stations 
so that they could not have been in Boston on the day of the primary. In 5 
cases this has been proved. In the remaining 12 cases information of the 
whereabouts of these men on the day of the primary which we have sought 
by direct communication with the Army and Navy has not been received. 

The law governing (uses of illegal voting is stated by the supreme court of 
this Commonwealth in First Paris v. Stearns, 21 Pickering, 148, and in the 
contested election case Alexander v. Doyle, Russell’s Massachusetts Election 
Cases, page 57; the latter case decided in 1894 since the odoption of the 
Australian ballot system. 

The rule in these cases is that in order to set aside the election of a per¬ 
son it is necessary not only to prove that fraudulent votes were cast at the elec¬ 
tion but also for whom they were cast and that the number was sufficient to 
change the result. 


TAGUE VS. FITZGERALD. 


175 


were^all“ea.s^'yr'?Toln^ 

would not be elianged, for if alfof these not been proved, the result 

taken fn,.,. his total n.nnher he wonid stili h7ve a votefoa:"’" 

Hy. V. Cunningham. 
Francis W. Estey. 
Thomas INI, Vinson, 

Notary BERMAN.^lny^ witiiLs^'here' witnesses summoned, 
to-day, Mdio have not ‘yet tesGlied ’ I “sel tone snnimoned to appear here 
court room who have been summoned to annonT n witnesses here in the 

not as yet testified? I see none. ^ ^ ^ ^ ^ previous day who 

th Abttt'l.^^ittttttpear’ed ^ 1 ^ 1 ''"^"t?" summoned 

their defiance at this court. The lauo-htm-'the others have flaunted 
counsel, for the opposition properlv reflects ipp brother 

oward the majesty of the law and toward e d t «^ft these people have 
hearmjt. Noav, the ^rand jurv convenes to inorrm^ importance of this 

going to ask you, Mr. Notarv to nreseni in this room. I am 

trict Court that will come‘into tlfis nmm Federal Dis- 

those witnesses who have refi.^hd to' come here r/neMe'??!"® ®f 

on whom summonses have been served in hand hv h'" 

Many of these, if not all of thenrShe In ^r , ^nVl ,ve 
believe that they are belnp; kept from this hear thron4 ,’h'’® 

Lomasney and his cohorts of the Hendricks Pbih 7 ^^‘"^^Tin 

with all the political brijtandage that has o-onn ^n ^ in keeping 

this election. I am going to ask you in all sincoriK in 

country IS not to be defied by IMartin Loniasmey or‘\nv otber^**^^ 

city. Now, I am going to ask you to read into theVppm^^^ 

have been summoned to appear here necoid names of those who 

~ s~«3=,u 

record, and I am going to keep this clear so that thl 

Al“.'Gr"fwIs^7?v;d^,f,lelrJ77^^^ Henry Gray. 

“5:L?7rrir^.^7l,S l?\l!il"i’¥t.^e^'’C.e7S -.•sha.““‘“*‘^‘' 

by aiarles A. Bancroft, deputy United Stat'eLnarshj! 
Clud;topLT’G^itlo?ir?7u77"bdSl“l^^^^^^^^^^^^^ her li/hand by 

cha;L-pr™7, Siruhit;;:rL^'aS‘:ia7s'i;^i'’‘^"™^^' 

by'Sln-istoX- GMlm*;r&l 7 a\es “^1^1""'“’ ^ 

he? '"‘''“‘‘P-'- delivery to her In hand at 

JIrs. Fenney, 29 Elm Hill Park, Roxbury 
Notary Berman She was excused for the time being. 

ham! at heThmt ^‘o her in 
b.v;;Sp!:.r.» -Vice to her In hand 

Clm';iefrF?n!erh“''‘'"' to him by 

^ Bennington Street, by service in hand of a true and 
^Arfr^v deputy United States marshal 

ln?7 tnh»;. Be^ntiigton Street, East Boston, by service in 

liand to her by Benjamin J. Scully, deputy United States marshal 


176 


TAGUE VS. FITZGEEAXJD. 


1 


Mrs. Gorman, 27 Vincent Street, Dorchester, liy service to her in hand by 
Thomas J. Pyne, deputy United States marshal. 

Mrs. I^IcGrath, 9 or 29 Mapleton .Street, Brij,diton, by service in hand to her by 

Charles A. Bancroft. , , , 

INIrs. Helena Doherty, 195 Main Street, Charlestown, by seiwice in hand to her 
bv John H. Bacciis, deputy Uniteil States marshal. 

Sarah E. Smith, 48 McLean Street, Boston, by service to her by Charles A. 

Bancroft. , , , , 

Mrs. Kathleen Gibbons, 19 Alberniahl Street, Boston, by service in hand to 


Mrs. McCaffery, 18 Lynn Street, Boston, by service in hand to her by Charles 

A. Bancroft. , , , * 

Mrs. White, 26 Lynde Street, Boston, by delivery to her in hand by Charles A. 

Bancroft. . , ^ i 

Clerk of the Atlantic House, who came in and was sworn in, but who after 
being sworn in left the room and has never come back, although ordered bj 

the court. • ^ , a n 

Crovitz, 71 Myrtle. Street, Boston, by service in hand by Charles A. Ban* 


The following were served by leaving at their last and usual place of abode 
in accordance with the provisions of the United States statute for the sum¬ 
moning of witnesses to this kind of a hearing: • 

Mrs. Patrick J. McNulty, 70 Jones Street, Beachmont, by leaving at her last 
and usual place of abode by Benjamin J. Scully. 

Mrs. Elizabeth Fowler, 125 St. Botolph Street, Boston, 

Mrs. Julia Havenor, service by Ghiloni. 

Mrs. Cocoran, by leaving at her last and usual place of abode, 14 Auburn. 
Street, Charlestown. 

Edward F. McGiuness, 3 Trenton Street, Charlestown, by leaving at his last 
and usual place of abode by Christopher Ghiloni. 

Mrs. Frank E. Murphy, 236 Geneva Avenue, Dorchester. 

Frances A. Crowley, 88 Train Street, Dorchester, at her last and usual place- 
of abode. 

Mrs. Hugh Cannon, 38 Columbia Road, Dorchester, by Charles A. Bancroft., 

Mrs. J. Bonney, 16 Claxton Street, Rosindale, service by Baccus. 

John F. Meehan, 1260 Dorchester Avenue, service by Baccus. 

Mrs. E. R. Williams, 42 Beach Road, Winthrop, service by Baccus. 

IMrs. Mary R, Stevenson, 42 Beach Street, by Baccus. 

Mrs. T. J. McKeon, 38 Woodford Street, Dorchester. 

Mrs. John F. Beaty (Dr. Mary Moore), 1402 Commonwealth Avenue, Allston,. 
by leaving subpoena at her last and usual place of abode in the hands of her 
husband, by James A. Pyne. 

Joshua Harron, 137 Bellingham Avenue, Beachmont, by service at the last 
and usual place of abode by calling it to the attention of his wife, by Benj. J., 
Scully. 

Arthur W. I’ierce, 43 Lynde Street, Boston, by Chas. A. Farrell. 

Mrs. Hollinder, 84 Fenway Street, Boston, by leaving summons at her last 
and usual place of abode, by Charles A. Bancroft. 

The following summonses in hand: 

Mrs. John S. Moylen, 128 W.alnut Avenue, Revere, by service to her in hand,, 
by Baccus. 

]\Irs. James McGonigle, 93 Binney Street, by service to her in hand, by 
Thomas J. Pyne. 

Mrs. Mary Hart, 23 Irving Street, Boston, by service to her, by Bancroft. 

John J. Graham, 153 Princeton Street, East Boston, by service to him, by 
John H. Baccus. 

Mrs. Keenan, 25 Henshaw Street, Brighton, by John H. Baccus. 

Bartholemew McGown, 117 William Street, Jamaica Plain. 


(Discussion between counsel as to the summoning of these witnesses and the 
presenting the matter of their failure to appear to the grand jury.) 

Adjourned to 10 o’clock a. m., at room 443, February 27, 1919. 


Commonwealth of Massachusetts, Suffolk, ss.: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to- 
writing the testimony of the witnesses in the contested election of Peter 


TAGUS Vs. FITZGBilALD. j 

t'.o hPrel^v m'ik(5 tffl '’‘‘f’ ®"'“™ *>y Hie notary,' 

^■ribecl the evidence of the ah'ove wl'tnesaes 

Boston, Mass., Maij J, W19 , H. Barnes. 

siie'rvvaMr«nrtl^ host ™t ttSr ImotWed^aml’hS,® 

Abraham C. Berman. 

Commonwealth OF -Massachusetts, Suffolk ss.: 

pages, together ^xWth^'thl notiee'’'5'cOTftest amf ''0>>ime, containing abotit 3», 

herein referroJtol-r-^tit'hen^^^^^^^^^ 

Abraham C. Bicrman. 

Boston, Mass., May 5, W19 , Notary Public.. 


Febrnary 27, 1919. AH parde" being^preseM as°“”the rf'' 

"if Fi^Tk T'' Ceiiiiiii^^ieiiers Finigan and Morphy" ^ Commission 

dnce cetSin things "'wf a ■e^r'Sli'nrto^°“®“’‘"^ P™- 

please be concrete In wharyorwanU We‘Zn“''/‘''i"f “ y"" 

Stuff that will not be neeflecl.^ ’ ^ ^ produce voluntarily/ 

the'^oanfr’"'’’"''" "" “ ogi-eeable to liave represent 

anybody^Twan^to^l^^ I'ntjSt to P"‘ 

Mr. O Connell. All right. Mr. Finigan, will you take the stand?' 


; Mr. FINIGAN, sworrl.- 

Direct exainihhtioh by Mr. O’Connell i 

Q. What is yotlr full name?—A. Frederick A. Finigah. 

Q. And you are one of the Election Commissioners (of the city of Boston ?—A. 

X 0Sj SlI*. 

-Q. Aro you secretary of the board ?—A. I act Us such. 

Q" And the othei members of the board ai'fe Mr. Burlen—give me their full 
names, if you will.—A. Melancthon Mk Burlen, Jacob Wasserman, Edward P 
Murphy. 

Q. Now, Mr. Finigan, has your board 'the votes cast at the primary election' 
on September 24 last?^—A. I believe We have. 

Q. And have you the votes cast at'the election on November 5, last?—A. "We 
have. 

Q. Meaning by this, the votes'cast in the tenth congressional district of the 
city of Boston?—A. Yes, sir. 

Q. Have .you the list of voters checked on election day—those who voted on 
election day, No'\^eni’ber 5th last?—A. We have. 

Mi\ O’Co'nN'elL. Now, task you, Mr. Notary, to require the board to produce 
the hallots of the elections and the records of the primary and the election of the. 
tenth congressional district last September and November. 

Notary Berman, Are you prepared to furnish these, Mr. Finnegan?. 

-Alt. >FiNIgan. t am not. 

Notary BUKmAn. Why not? 

Air. Finigan. 'Giving to the fact that at the present time the safe ih' which’ 
these and other papers are placed for safe keeping has a double combiiiation 
lock on it, one of 'whicli is in the possession of the Democratic members of the 
board and the other in the possession of the Bepublican members of the board, 
•it is necessary for a member of each to be present to work both'combinations 
simultaneously in order to gain access to the vault. 

Notary Berman. Do you expect one of the Republican members or-both of 
them to be here shortly? 

Mr. Finigan. That I can not say. Mr. Burlen is out of town: and MnAVasser- 
nian is under summons to room 443 of the Federal Buildings 




178 


TAGUE VS. FITZGERALD. 


Notary Berman, Will you have Mr. Harington telephone Mr. Wasserman’s 
office? 

Mr. Finigan. I would say, Mr. Master or Notary or in whatever capacity you 
are acting, that I consider that a request or a summons accompanying a request 
stating specifically what is desired of this board to be produced in evidence, that 
at least this board should be given sufficient opportunity or time to supply the 
goods. We are ready at any time, provided we can arrange to have them here. 

Notary Berman. I think it is intended that you can have reasonable time to 
produce all documents necessary, 

Mr. O’Connell. I talked with the chairman yesterday afternoon on this 
matter, and in answer to his request what we would want I gave him a list 
of what we wanted, and I assumed that was all that was necessary, and told 
him, for the convenience of the boai*d, e would have it here. 

]\Ir. Finnegan. I can say for the members of the board, we were here until 
twenty-five minutes past twelve ready to meet with you when we received these 
personal summonses. There is nothing except a miscue. 

Mr. Callahan. Do I understand that the summonses were issued so as to 
require the bringing of all books and papers and ballots and lists? 

Mr. O’Connell. No ; they were not. 

Notary Berman. Under the law, as I understand it, it is not necessary to 
issue a duces tecum subpoeena. I understand that we can request the production 
of the documents. 

Mr. Callahan, I suppose every court of law or every tribunal to whom the 
powers of the court is delegated has that same right, but they always recognize 
the fomality and cary out the formality of summoning books and papers 
properly. 

INIr. O’Connell. This is an official body, and I assumed they would be glad 
to have this meeting here to save the trouble of bringing great books and heavy 
boxes over to another building, and so I understood from the chairman. 

Notary Berman. The only person who can find fault with the subpoena is the 
members of the board. If they don’t find fault with the subptena, why should 
anyone else? 

Mr. Callahan. I want it clear; of course, if it is impossible at the present 
time to open these vaults that it clearly is not the fault of this board. 

Notary Berman. We have no intention to charge that. 

Mr, Callahan. It is the fault of the notary or counsel for Mr. Tague in 
summoning them improperly. 

Notary Berman, Neither the notary nor counsel will assume the blame. 

Mr. O’Connell. See the blank look come over his face when he makes that 
charge. 

Mr. Callahan. I simply want that for the record. The burden has been 
shifted so frequently in Uiis case. 

Mr. O’Connell. What time do you expect Mr. Burden back? 

INIr. Harrington, He said he would be here all day. 

Mr. Finigan. He said he would be here to-morrow noon, 

Mr, O’Connell. To me he said that he would be here at 2 o'clock. 

i\Ir. Finigan. Might I ask you this question. What objection have you to 
giving us this form of summons similar to the last investigation? 

Mr. O’Connell. Simply because it is not necessary. 

Mr. Finigan. That is the one thing that we can say that the board has been 
trying to make clear it would like to have. 

Mr. O’Connell. If it had only notified me. 

]Mr. Finnegan. The first thing the board knew of any proceedings to be here 
was at five minutes past 10 last night, and that is har(lly time to arrange. 

Mr. O’CoNNELT T don’t know what time you would need to bring those out 
of the vault aT’^^l have them marked. 

Notary Mancovitz. I might call your attention to the statute in which it is 
stated, the law is as follows: Each witness shall be served with a subpoena by a 
copy delivered to or left at his usual place of abode at least five days before 
the day on which the attendance of the witness is required. It is not a ques¬ 
tion of being required. The law says you must give them five days, and you can 
not expect them to bring documents and papers without that. 

Mr. Finnegan. We don’t care to quibble on that matter. We are ready to do 
this thing as soon as possible. We are ready to expedite matters as much as we 
can, but at the same time we would like to have some form of request which 


TAGUE vs. FITZGERALD. 


179 


Hilssioner suc!l*ls’f ha?e\^eceh4d ““ F‘“>-s«iial .summons to n com- 

come a part of the recoril T ,m t., • t'i'Kl tlie board nor b^ 

of the coinnii.ssion, I am m'lt bound in any As a member 

statute. <*<' ciauvse, we liav<. waived none of tlie formalities of tills 

eiZSi.nmrs'];^^ of 

"""if 0’CoiSr^5i?i‘r'’’T^^ t\'’aet"n lhat‘«?p!,Htv. ^ 

liepiUdioan eoinniissione, irprLe“,u t'"" 

on the reipiest of the notary the documents -nwi ? to the \auit and produce 
that are in .votir possession’ ^ ' paiiers that I inive asked for 

open'-iny ei“o',rot"t,m’“:;:„'r'‘ I d?:n?htw a'? "i ^ 

be willing to open ids end. ' ' ' ‘ '”''>ther commissioner wouid 

he^'^vihinr^rdo h’is'eml” <™»"dssioner and sec if 

<-V..ne o.., .,ack. (Mr. 

Mr. Finnegan returns. ) If you win serve office, and 

what papers yon want down there niv In otlfpr setting up specitically 

vaiilt, and we will accept .servic^e rMit tw ,v *>'»' I "'ni open the 

the'::o«™rof'H,e';?ecG^^^^^ ^ "ant to state: For 

last night from the chairman who was herp ii/th ^ telephone commimication 
said that the board wo unj uIdedlf ,e la^ "/ '“V^ard, and he 

purpose of avoiding any income, lence'a. d m i ,, l’«“';ate tvith us for the 

the Fedei-al Iniilding, ai'd at that tiine I to), I, i„ if r ‘® *'eanng held over at 
not any objection at all at the present t me i , o® ^ ''‘t"® 

sunnnoiis, and ask- the notai-y to write out the suninioim “ 

Ar The snmmous will call for what papers von wont 

askingprinfo^u^ We are 

suc?th“;r=iett^^^^^^^^^^^^^^ ~ - -tary to produce 

Jlf^clLmHAN^'l^oMect'^to^G ‘® produce them. 

^‘^LLAHA^. 1 object to the whole proceeding without_certain it i« thnf 

wltnesses“®an,/“if imn “t’*'®‘'ved the formalities in summoning 

expect them to bring papejr" 

areXr a^e in'u.e ^oom wfth“h\lm 
Ml Callahan. All right. And the commissioner has stated that ho will 

hrLfn'^TZouT'':''" ^ol! 

Mr.- We'have ufe MloL‘forTll'ovm?"the N^w, you are'nrt 

Intelested in the ballots in any ward except in the tenth district 
A otary Berman. You are ordered and requested to produce the ballots cast 
in the primary election September 24 in the tenth congressional district Yon 
are also oiMered and requested to produce the ballots cast in the tenth Jon 
gressional district on November o, together with all official check lists and other 
papers and memoranda that in any way affect them. ^ ^ 

Mr. Finnegan. If you will have that written out we will produce the papers 
you want. That is all we want. We want something in our record 
Notary Berman. To save time, why can’t we assume it is here’ 

Mr. Finnegan. M e are not assuming anything. AVe want to help everyone. 


180 


TAGUE VS. FITZGERALD. 


(The commission was thereupon served with a copy of the following sum¬ 
mons to each member:) 

“ Boston, Mass., February 27, 1919. 

‘‘To M. W. Burlcn, F. A. Finnegan, Jacob Wasserman, and Edward F. Murphy^ 

election coniuiisaioncrs, city of Boston: 

“ You are commanded, all and singular, business and excuses being laid aside^ 
to appear and attend before the undersigned, a notary public in and for the 
Commonwealth of Massachusetts, sitting in the matter of Peter F. Tague, con¬ 
testing the election of John F. Fitzgerald to a seat in the Sixty-sixth Congress of 
the United States, in virtue of the authority conferred upon me, there and then 
to testify in the above matter on the part of the contestant, and that you then 
and there bring with you and produce all the ballots now in your custody which 
were cast at the primary election held on the 24th of September, 1918, and at 
the general election held on the 5th day of November in the following wards 
of the city of Boston, namely, wards 1, 2, 3, 4, 5, and 6. 

“ You are also requested to produce at said hearing all tally sheets, voting 
lists, papers, and check lists, and all other papers relating to said primary and 
said election, and to the recounts of said votes held by your board. _ For failing 
to obey this subpcena you will be liable to a punishment prescribed by the 
Revised Statutes of the United States of America. 

“ Witness my signature and official seal as notary public in and for the Com¬ 
monwealth of Massachusetts, at Boston, in said Commonwealth, this 27th day 
of February, 1919. 

“(Signed) Abraham C. Berman, 

“Notary Public.'* 

[Notarial seal.] 


Q. Now, Mr. Finnegan, will you please produce the ballots cast at the primary 
on September 24, 1918; cast in wards 5 and 6?—A. Do you want them all to go 
on with? How long are you going to be here? 

Mr. O’Connell. Before we go into that let us see if we can not agree. What 
would be the most convenient way ? 

Mr. Finnegan. If you would give me some idea as to how long you are going 
to sit here this evening or this afternoon, I would suggest how many you may 
be able to look into. It depends on how fast you are going. 

Mr. O’Connell. I think we had better bring them in at once, first, and have 
them impounded by the notary. 

Mr. Callahan. What do you mean by “impounded by the notary”? You 
don’t assert the notary has any authority to take these votes out of the custody 
of the commission and commissioners? 

Mr. O’Connell. I said impound them. In order for the congressional com¬ 
mittee to avail itself of this evidence they have got to be first impounded by the 
notary. He has the right to hold custody of them, but I think, under the cir¬ 
cumstances, the board would naturally insist upon keeping the custody them¬ 
selves. 

Mr. Callahan. Of course they would 

Mr. O’Connell. And with that in mind, it would seen as though we might 
first have him impound them, and after they are impounded, marked, and desig¬ 
nated, then they can remain in the custoday of the board, if it is the board’s 
desire. 

Mr. Finnegan. Why can’t they be marked and identified as they come up? 

Mr. O’Connell. That can be done; all right. 

Mr. Finnegan. What is the first thing you want? One of these boxes can be 
opened at a time. Of course, you realize these are all in boxes—possible 80 
boxes. Don’t like to bring them all at a time. 

Mr. O’Connell. Suppose you bring them in a ward at a time. 

Mr. Finnegan. What ward do you want? 

]\Ir. O’Connell. Ward 5 . 

(Recess while ballots for ward 5 are produced.) 

Notary Berman. Will you proceed, Mr. O’Connell? 

Q. Mr. Finnegan, what have you there?—A. The ballots used in ward 5 on 
primary day last, and the records, books—clerk’s and record books receipting 
for the various ballots from those receiving them in the various precincts of 
said ward, and also the books and the keys to the ballot boxes and also the offi¬ 
cial return and the voting lists. 

Q. Will you pick out the original tally sheets of ward 5, precinct 1?—A. The 
original tally sheets? 


TAGUE VS. FITZGERALD. 


181 


ul. Wel^^^'agri^anyt^^’^: "f 

wbo^sfg^fs it better to make a note that a seal appears on it and 

aV f. ® ^ ^ better keep what the seal is on tho rpporo 

the hoa^r^ro/oWf'" <^ctober 11, 1918. This box was this day opened by 

tein^r ^ according to law and the ballots con- 

- ^ again sealed in the presence of the ballot law commission and 

if'yo 'w'in'JT •• ^ sLe ZZg ZZ- 

all saw haiinU * ® by S!U| board and imniodiately afterwards 

Jomndiioneis!” f reder.ck A. Pinigan, Jacob Wasserman, election 

Q. Can you tell, before opening that box, how many times it has been onpnpd 
from any of those papers it has on it?—A. No. ^ 

np?r opened. How many times have seals been put on that box, as 

fpui : 1 • "T .^'«^^^'tain?-A. Three times. It was sealed originally by the 
te eis before being sent here by a clerk or warden. It was sealed by the 
teller and sealed by the ballot law commission. a eu oy tne 

mission?—opened by the ballot law com- 

-nf^ih JhnA'^ilf 1]? knowing from the number of papers stuck on the hack 

the nature of seals as to the way in which it was opened or the 
reseaS^^ tunes, is there?—A. You can readily see how many times it has been 

Q. My question was. There is nothing there that indicates the number of times 
nor the way it was opened from any numbering or marking on it*?—A Yes 
Q. Is there any numbering on it?—A. No. 

Q. There is not any serial numbers on it?—A. No. There is a difference in 

Ov?cilo* 

^ difference in the seals of the election commissioners?—A. Yes. 
point them out?—A. This one here is the original seal put on by 
the election officers. These are gummed tags sent out to the election officers. 

Q. Are they numbered by location or ward? 

Q. Is that just a common seal that is sent to eyery election booth in the 
C’lty?—A. Yes. 

these sent out in any particular numbers?—A. Just the required num¬ 
ber to each box. 

Q. Is there any record kept of the number of seals that is sent out?—A. Yes. 
Q. Haye you the record of the number of seals sent out to ward 5, precinct 
1? —A. No; I haye not. 

Q. Do you know where any such record is kept?—A. In the custody I sup¬ 
pose, of the agent who has charge of these seals to send them out. 

Q. AVho is it, please?—A. Mr. Parnham. 

Mr. O’Connell. Now, I offer it at the present time and ask to have it marked 
iis an exhibit. 

Q. 'Will you open that, please? [Mr. Finnegan opens box.] MTiat does that 
box contain?—A. It contains a canvas envelope containing the Republican 
ballots of ward^5, precinct 1; a canvas envelope containing the Democratic 
ballots of ward 5, precinct 1; a manila-paper envelope containing the Socialist 
ballots cast. 

Q. Now, I would like—will you open the envelope containing the Democratic 
ballots? Before you open that, will you tell us what the number of seals on the 
outside of it is—how many times that bears evidence of having been opened 
before?—-A. It only hears evidence of having been opened once. 

Q. Which seal is it that bears evidence of having been opened once*?_\ 

Which seal? ‘ " ' 

Q. Yes. A. The fact that the seals on the ends of here [designatiii”* the 
tapes]. ^ 

^ Q. Doesn’t this mark here [pointing to the seal on the back] indicate that 
It was opened?—A. I should say that that was put on there by some one for 
identification, possibly, before the ballot law commission. 

Q. Doesn’t that bear indication of having been put on there and having been 
opened?—A. I should not want to say so, not knowing what transpired before 
the ballot law commission with these ballots. 


182 


TAGUE VS. FITZGERALD. 


Q. Does that indicate it has l)een stuck on there?—A. I don’t know. That 
indicates it has been stuck on there; yes. 

• Q. And there is no evidence as to l)y whom it was stuck?—A. No. 

]\Ir. Callahan. I would like to call attention to the date on it. 

Mr. O’Connell. There is a date—September 30. 

. Q. Will you turn it over and see what other marks there may be, so I may 
look at them? There is an evidence that there are two seals on that.—A. Each, 
I presume, were a part of this. That is attached to the end of that tape, the 
original seal. 

Q. AVill you see if that goes around and fits it?—A. It would not be apt to^ 
the way it is strapped, because it is not strapped properly, but it was when 
it was sealed. 

Q. There is a seal on the end of the strap, isn’t there?—A. A part of a seal. 

Q. And that part—and what about the other seal?—A. There are two straps 
for the case. 

Q. As they lay to-day, it would not indicate they were on it unless they were 
at some other time, would it?—A. That seal was not used at the last sticking. 

Q. Where are the seals that were used at the last sticking?—A. I could not 
say—one or the other. 

Q. Then, there is no indication to show that it was-A. There is no indica¬ 

tion to show that the ballot law commission sealed the envelope, unless this 
here is evidence of it, which I am not in a position to state. 

Air. Harrington. That is the date of the recount. 

Q. With those facts noted, will you kindly open it? [AVitness opens envelope.] 
AA’^hat does that pouch contain. Air. Finnegan?—A. It contains, one, two, three, 
four broken manila envelopes containing ballots. 

Q. And what else?—A. That is all. 

Q. AA^hat is that you have just in your hand?—A. It applies to any one of 
these packages. 

Q. AATll you open one package and tell us what the package contains?—A* 
Any package in particular? 

Q. One.—A. A manila envelope opened, and pasted on one end a description: 
“ Block No. 1, ballots 50.” Alarked in blue pencil “ 51 ” in the upper left-hand 
corner, containing ballots and a tally sheet marked “Block No. 1, ward 5, 
precinct 1. September 24, 1918.” 

Q. AATiat tally sheet is that?—A. Prom the evidence here, I should say it was 
ward 5, precinct 1. 

Q. Is that the tally sheet used on the night of the counting of the ballots?— 
A. It being found there, I presume it is. 

Q. AATiere is the tally sheet that Avas used at the recount? Have you them 
here?—A. AA^e have them out there. 

Q. Out where?—A. In the office, as a part of our records. 

Q. Are the recount sheets kept with the ballots?—A. No. 

Q. AVho keeps them?—A. They are kept as a part of the office records. 

Q. Out here on the office floor?—A. Yes. 

Q. AATiereabout?—A. In behind the rail. 

Q. Generally accessible in the office?—A. To the office force or commissioners, 
or parties seeking information from them. 

Q. AVhile we are waiting for them, let me ask you, is there any other paper 
in that envelope?—A. You mean, besides the tally sheet and the ballots? 

Q. Yes.—A. I could not say. 

Q. AATll you look?—A. From a superficial glance, I should say no. There may 
be some other than the ballots. 

Q. AATiat have you there, Mr. Finnegan—A. I have the block sheets and total 
tally sheet of the precinct for ward 5, precinct 1, on the recount. 

Air. O’Connell. Now, I would like to have these papers marked for identifica¬ 
tion. 

Notary Berman. AAffiich papers? 

Air. O’Connell. These ballots. 

Air. Callahan. Is there any dispute about the count now? 

Air. O’Connell. Oh, yes. 

Air. Callahan. I though you had got all over that? 

Air. O’Connell. Oh, no; indeed, no. 

Notary Beraian. AVhat form of marking do you wish? 

Air. O’Connell. I would like to have them marked so they may be available 
to the congressional committee for their inspection. 



TAGUE VS. FITZGERALD. 


183 


notary, as soon as the^commissioLr -nts ^ attention of the 

support it is necessary for liim tr. testifying on these liallots, I 

isn’t that so, Mr. Coniinissioner? ^ ^ ^ these boxes again; 

Mr. Finnegan. That is wliat iias to he done. 

coinpel tlle';mnndssioners^oauthority to 

O'ConnLlh imirvon M^nt theieVdlfmarked for identification, Mr. 
Mr. O’CoNNEir. I do! ^ ^ identification? 

in^MnimfsT^^^^^^' to submit them to the committee 

Mr. O’Connell. Yes. 

Mr'^"cAiL!H’^C’'T7‘f''' "f for Identiflcation. 

«n. ea^t^S,«’<* -teatant in 
Mr. O Connell. It is. ^ . 

tlie hallots^?^^^^’ ^ i^now that under the law you have no right to mark 

so tliat thev nmv'be hl’anf^wav invalidaim/'^l for marldns tlie ballots 

fvidence that i.; submit oV Nnf if "f *’"'r h''Out marking 

oourso, that is a.refi it and f if ""'’"'‘tt'ns «'ese as evidence. Of 

Iclentmed in .some way so ttat it canr.dIntiLT’ ® "■■ 

.naff;:;-: hofTX?heZ"„off ^ «- '’O^-. OO'I 

in the box, .nark the l.mx todSittoattonT’ * 

Mr. O’Connell. Tiiat is all right. 

Mr. Callahan. That is agreeable to me. 

because there is nothing to prevent the other side when thev stnri 
tlieir hearing asking to have these boxes onpupu ir pej start 

snfflciently well appointed to'he i.hf.sterwXJhem—comnussion is not 

^ Q. Mhy are .you so interested in the other side?—A. I am interested in nnih 
mg except the ballots and my trust. mieiested in noth- 

_ Notary Beeman. Regardless of what Mr. Finnegan may sav about the ninpr« 
in his possession, or may say for the other side, but if you Mr O’Connell nut 
ting in your case as you are now, desire any papers in tiie po.^sesSoT of t^^^^ 
ection commission of the city of Boston to be marked for identification in so 
I have any power to order them marked, I shall do so 

wahf nofef? my Berman, hut I 

Q. Didn t .vou mark some of those ballots yourself?—A. I did * ves 
Q. What objection do .you have to making them again • 

with'aflip““‘'”' ^ marked either with a paper fastener or 

Mr. O’Connell. We will leave that with Mr. Finnegan 

Mr. Finnegan. I marked them as an exhibit. If you wish me to nviri- ii,on, t 
will mark them, but you shall not mark them, ^ 

Mr. Callahan There is no possible question altout having him mark tliem 
wp . , / Tl'ei-e IS not a possible chance of these bafiots beinf tamperea 

yilb between now ami Congress getting irnid of them and the tinie tl ere tvas 
from the time they were cast in the primary. ^ 

Notary Berman. I agree absolutely. I‘have all confidence in the honpstv 
and integrit.v of the election commission. ‘ ^ 

Q. Of course, Mr. Finigiin, you admit you are honest, and the mere fact 

i fike it” ballots—A. Put this in the record 

Q. Does not indicate anything. AVe want these ballots marked so we will 
be sure and Congress will be sure they have not been reached and they have 
not been touched.—A. Submit any suggestion as to how you wish to mark 
them, and if it is satisfactory to the commission here I will‘do it 



184 


TAGUE VS. FITZGERALD. 


Notary Berman. I don’t believe any marking should be made on these 
ballots. * Any marking you may make should be on the back of the ballots. 

(}. Let me ask this. Was anything done'l)y the commi.ssion to put aside the 
ballots tliat were marked as exhibits at that recount?—A. I don’t cpiite under¬ 
stand you. 

Q. You will recall that at the recount, for your convenience and for the 
convenience of the parties, certain ballots were marked as exhibits. That i.s 
true, isn’t it?—A. Y"es. 

Q. Were these ballots put back into the various blocks in any way so that 
they may be easily obtained nod, or are they mixed up with all the other 
ballots?—A. The l>allots were put into all the other precincts and blocks from 
which they were taken. 

Q. And not put away in any separate way or compartment from them?—A. 
The day of the primary the ballot was marked the precinct from which it 
came in blue pencil. On election day there was a tag attached. 

Q. Has the board any record as to ballots that were marked as exhibits at 
that time?—A. They have not that I know of. 

Q. Do you, as secretary of the board, keep any record of the ballots that 
were marked as exhibits?—A. No; I I’ead them. 

And the board did not make any record of the number of ballots that wero 
mai’ked, did they?—A. Not that I know of. They were not seggregated as 
between straight ballots and exhibits or ballots counted and ballots not 
counted. 

Q. They are all mixed up, are they?—A. Yes. 

Notary Berman. Can you pick out one ballot and show the marking on the 
back? 

Q. Now, Mr. Finigan, I think I can follow this course; let us go through 
each one of these blocks and pick out each one of the ballots which was 
marked at the recount, and then I will have them marked and indorsed. 

Mr. Callahan. I submit if they are going to be marked, as you call it, simply 
an identifying tag or paper attached. 

INIr. Harrington. Let the election commissioners do it themselves. We 
simply want to identify them. 

Answer. You simply question now these ballots that are at the present time 
identified here by marks upon the back? 

I\Ir. Harrington. That is all. 

A. I should say there are none in block 4, ward 5, precinct 1. 

Q. Now, the tally sheet. That would be better.—A. Block 4, number of 
ballot 40. containing a tally sheet, ward 5, block No. 4, precinct 1. These are 
two identified ballots at the time of the recount. 

Mr. Harrington. Those are what we want. 

A. I am trying to see if there are any more. I should say there are two there. 

]\Ir. Harrington. Will you kindly read them? 

A. What do .voii mean—read them? 

Q. What are the marks on them?—A. They are identified as Exhibit No. 7 and 
Plxhibit No. 8. 

Q. And what are the marks?—A. Exhibit No. 7 F. A. F. and counted for 
Fitzgerald and Plxhibit No. 8 F. A. F. not counted for Tague or I^tzgerald. 

Q. That is all right. Now, go into other boxes- 

Mr Callahan. Will these be entered by calling them Exhibit 8 and Exhibit 7 ? 

Notary Berman. When? 

]\Ir. O’Connell. Why not identify them as exhilnts? 

Mr. PTnigan. I suppose these could be identified by saying it was block No. 4, 
number of ballots cast 40, ('ontaining two in dispute. Exhibits 7 and 8. 

(h Isn’t there some way these can be put aside so they can be easily avail¬ 
able?—A. They can be easily available if you will give us 24 hours. 

Notar.v Berman. Keep then on top of the block. 

]\Ir. O’Connell. I am introducing these in evidence, of course, and it is 
understood they are marked as exhibits in accordance with the markings 
alread.v on them. 

A. An envelope, block No. 2, number of ballots 50, tally sheet marked ward 
5. precinct 1, block 2. That is all contained in that envelope. It contains no 
exhibits. 

In the last three blocks, or four blocks, that you have examined there are 
a great number of ballots that have stickers placed on them with four or five 
names voted for on the 8tate ticket?—A. I should say so. I was not taking 
any particular notice. 



TAGUE VS. FITZGERALD. 


185 


for' in.st.Tnee,''r'i’Rhrt^ere''*^ ‘’‘Sht there niuler your hand. 

sny several of ”'’®’ I sliould 

al.w total tally sheet of warcf 5, precinct 1 1 ’ ""tl 

Mr.^o'coNNErr^NmVl ”f./''''~^^<l>'<'stion struck out.) 

Ballots cast at ward 5 ’iirecinct i' u" ‘'f H'l'o, Jlr. Notary : 

the recount sl,eerin\.o’n;;;c"irn\J;trt1>:* ,ue"'''" 

Mr o'connk”l Th.ff"'V"M'*n f»’Oe«>iell? 

set at them. ‘ ® ■''®” ^ kn®"' I'ow else I can 

r^ thfeed to mark one. 

v’; ^‘^”'^''■'■1.1.. Flow can we iret at them? 

quesHom if'"vo;rin?rhfn"Tea\onMde“?^^^ 'vhenevei- we mark the ballots in 

Identify’two imllo^ron block f " «'em. I now 

'khe^block is identified, box and precinct and envelone 

Mr "" “S"-'- t" «®t at them. 

Ml. I^INTGAN. This IS ail oflice record 

Notary Berman. All right, then, mark the box as an exhibit I^r-irk 
boxes containing the exhibits exnioit. iu.iik the 

be forwarded to Congress as may be provided by law. ^^loncis to 

Mr. Harrington. That is an office copy, you say’ 

Mr. Finigan. This is a record. 

Q, Then I shall want that.—A. You can not have that 
Q. An attested copy of that. 

Mr. Callahan. You can summons him to come_ 

Q. Mark that as an exhibit, whatever you do.—A. You knoiv Joe a mihlic 
record can not be marked as an exhibit. ’ ^ 

Q. Ion have marked these ballots.—A. That is not a public record 
Mr Harrington. M^e ask, Mr. Commissioner, an attested copv of that re¬ 
count, precinct 1, ivard 5, recount. 

Mr. Finigan. All right. 

Q. In the case of precinct 2- 

Notary Berman. I am willing to suit the convenience of the commissioners 
as to proceeding with this hearing this evening or this afternoon. If thev are 
willing to stay, I will stay. Hearing is noiv adjourned until 9 o’clock to¬ 
morrow^ morning. 


February 2S, 1919—9 a. m. 

Hearing resumed at the office of the election commissioners of the citv of 
Boston, City Hall, Boston, Mass. 

Counsel present as before. 

Boxes containing the ballots from wards 5 and 6 produced hv the election 
commissioners. 

Mr. Harrington. Take out the ballots marked as exhibits at the time of the 
recount, 

(The seals are broken by Mr, Finigan.) 

Mr. Callahan. In vieiv of the fact that you made specific charges and speci¬ 
fications of alleged fraud on the part of the election commissioners. I think this 
ought to be done with great care. 

Mr. Harrington. You may call off what kind of seals thev are and how 
fixed, etc, 

Mr. Finigan. Box show’s that it w’as sealed after being reopened by the ballot 
law’ commission, w’hicli seal I now’ break. Ward 5, precinct 2, sealed w’ith the 
blank seal containing the imprint of the seal of the city of Boston. This box 
contains a canvas envelope containing the Democratic ballots, a canvas 
envelope containing the Republican ballots, and another envelope containing 
the Socialists’ ballots. 





186 


TAGUE VS. FITZGERALD. 


Mr. Hakktngton. Take the Democratic envelope; will yon open that? 

Mr. li.YiGAN. This envelope was sealed, which seal I now break. This en¬ 
velope was double sealed with straps and flap, also tied. 

^ through those blocks, Mr. Com- 

out the disputed ballots which were marked 

PvbVh’it«^^?‘TM contains 50 ballots. It contains 4 bailots marked as 

Exhibits 24 “ exhibits 14, there are 3 exhibits 14, and 4 

Mr. Hakiungton. Any other distinguishing marks on them? 

34 not counted, not counted, not counted, for Fitz- 

geiaid or Tague. 

INIr. Harkington. And this is block 1? 

Mr Finigan. This is block 1, number of ballots 5, ward 5, precinct 2. 
top S'Tlm emilop? particular reason why those four ballots should be on 

the time these were marked as exhibits they were held up 
until the boaid determined the question of the ballot. 

And then they were put in at the top of the block? 

Air. r iNTGAN. .lust as we are doing now; yes. 

Notary Beraian. Is that all there are?’ ‘ 

Ml. Finigan. That is all there are in that envelope. 

block No. 2, Mr. Commissioner. In blocks 2 and 3 
Mr. Commissioner, there are none? ’ 

Mr. Finigan. There are none. 

there'^rnone?””' ^ ^ Commissioner, 

?tV ' So far as we can see there are no exhibits in blocks 4 or 5 

\Vard 5, precinct 3. 

Mr. hiNiGAN. This liox is sealed In the same manner as the preceding one 
which seal I mm- break. It contains 2 canvas and one manila envelopes one 

onf■r's^.lahsfhaZr'" «>« Republican ballot-s,’ and 

INIr. Harrington. Open the Democratic ballots. 

^ contains 50 ballots, ward’s, precinct 3. 

Exhibit 22. not counted for Fitzgerald or Tague. 

Exhibit 26, not counted for Fitzgerald or Tague. 

Exhibit 27, not counted for Fitzgerald or Tague. 

Exhibit 33, not counted for Fitzgerald or Tague.’ 

Exhibit 35, not counted for Fitzgerald or Tague. 

Exhibit 55, not counted for Fitzgerald or Tague. 

Exhibit 56, is the same. 

Exhibit 65, counted for Tague. 

Exhibit 63, counted for Tague. 

Exhibit 45, counted for Tague, 

Exhibit 42, counted for Tague. 

Exhibit 41. counted for Tague. 

Exhibit 36, counted for Tague. 

Exhibit 28, counted, for Tague. 

Exhibit 25, counted for Tague. 

Exhibit 71, counted for Fitzgerald. 

Exhibit 70, counted for Fitzgerald. 

Exhibit 69, counted for Fitzgerald. 

Exhibit 68, counted for Fitzgerald. 

Exhibit 67, counted for Fitzgerald. 

Exhibit 66, counted for Fitzgerald. 

Exhibit 64, counted for Fitzgerald. 

Exhibit 62, counted for Fitzgerald, 

Exhibit 61, counted for Fitzgerald, 

Exhibit 60, counted for Fitzgerald. 

Exhibit 59, counted for Fitzgerald. 

Exhibit 58, counted for Fitzgerald. 

Exhibit 57, counted for Fitzgerald. 

Exhibit 54, counted for Fitzgerald.' 

Exhibit 53, counted for Fitzgerald. 

Exhibit 52, counted for Fitzgerald. 

Exhibit 51, counted for Fitzgerald. 

Exhibit 50, counted for Fitzgerald. 


TAGUE VS. FITZGERALD. 


187 


Exhibit 49, counted for Fitzgerald 
Exhibit 48, counted for Fitzgerald.' 

Exhibit 47, counted for Fitzgerald 

Fitzgerald. 

r 1o Fitzgerald. 

1n’ foi- Fitzgerald. 

Exhibit 40, counted for Fitzgerald 
Exhibit 39, counted for Fitzgerald 
Exhibit 38, counted for Fitzgerald 

wi oV for Fitzgerald.' 

Exiiibit 34, counted for Fitzgerald 

5;’ counted for Fitzgerald.' 

ExiiiDit 31, counted for Fitzgerald. 

Exhibit 30, counted for Fitzgerald' 

o?’ for Fitzgerald.' 

Exhibit 24, counted for Fitzgerald 
Exhibit 214. counted for Fitzgerald. 

hibit '77 for^ FitzgeraldExhibit 78 for Fitzgerald, and Ex- 

No. 3, contains none, 
w; . No. 4. contains none, 

w?. • r »’lock No. .5, contains no exhibits 

Hr. Finigan'^r"’ <Se.nls broken by 

R 00 - w?.' o cootf OS .50 ballots and no e.xhibits. 

“coinited for Fltz’seraW.”^ B-'^hihit 94 and further inscribed 

Finigan.Sealed as the previous boxes and seal broken by Mr. 
eonsent®^"“"'"“°" conducted In the absence of Mr. Callahan, with his 

Pioni'' x-®' ?’ one Exhibit 107, “ not counted.” 

Elock No. o, contains no exhibits. 

Block No. 4, contains no exhibits. 

Block No. 6, contains no exhibits. 

Block No. 1 contains no exhibits. 

mSer’r'inigan ‘ Pneceding boxes and opened by Com- 

the 

Block No. 1, contains none. 

Block No. 2, contains none. 

Block No. 4, contains none. 

Block No. 3, contains none. 

Block No. 5, contains none. 

Berman. In order that there may be no misunderstanding all these 
opened and resealed containing ballots’ that are 
I understand the board has been ready to reopen the ballots 

committee in Washington with these ballots at reasonable 
notice, such as 24 hours or so, that is so. Isn’t it’ easonable 

Mr. Finigan. Surely. 

1 reopened as the previous boxes, 

if' contains three canvas envelopes, one containing the 

Ck'N^fc'ontains'n^^ """ """ Democratic ballots. 

Block No. 1 contains no exhibits. 

Block No. 3 contains no exhibits. 


188 


TAGUE VS. FITZGERALD. 


Block No, 4 contains no exhibits. 

Block No. 5 contains no exhibits. 

Block No. 6 contains no exhibits. 

Block No. 7 contains no exhibits. 

Ward 5, precinct 8. Sealed and opened in the same manner as the preceding 
boxes. Sealed by the Ballot Law Commission. 

Mr. Finigan. This box contains two canvas and one manila envelopes. The 
manila envepole contains the Socialists’ ballots, one canvas envelop contains the 
Republican ballots, and the other one the Democratic ballots. 

Block No. 2 contains one ballot marked as Exhibit 118, and further inscribed 
“ counted for Fitzgerald.” 

Block No, 1 contains no exhibits. 

Block No. 4 contains three ballots marked Exhibits 114, 115, and 116. Exhibit 
115 is further inscribed, “ counted for Fitzgerald,” Exhibit 114 is further in¬ 
scribed, “ counted for Fitzgerald ”; and Exhibit IIG is further inscribed, 
“ counted for Fitzgerald.” 

Block No. 3 contains one ballot marked Exhibit 117 and further inscribed, 
“ counted for Fitzgerald.” 

Block No. 5 contains no exhibits. 

Ward 5, precinct 9. Sealed under the same conditions as those previous by 
the Ballot Law Commission. Opened by the Election Commissioner. 

Mr. Finigan. It contains canvas envelope containing the Republican ballots: 
a canvas envelope containing the Democratic ballots; and a manila envelope con¬ 
taining the Socialists’ ballots. 

Block No. 1 contains a ballot marked Exhibit 149, and further inscribed, 
“ counted for Tague.” 

Exhibit 148 and further inscribed, “ counted for Fitzgerald.” 

Exhibit 150 and further inscribed, “ counted for Fitzgerald.” 

Block No. 2 contains ballots marked as Exhibit 142 and further inscribed, 
“ counted for Fitzgerald.” 

Exhibit 147 and further inscribed, “ voted for Fitzgerald.” 

Exhibit 146, “ counted for Fitzgerald.” 

Exhibit 145, “ counted for Fitzgerald. 

Exhibit 114, “ counted for Fitzgerald.” 

Exhibit 143, “ coupted for Fitzgerald.” 

Block No. 4 contains a ballot marked as Exhibit 133 and further inscribed, 
“ counted for Fizgerald.” 

^Exhibit 132, “counted for Tague.” 

Exhibit 128, “ counted for Fitzgerald.’ 

Exhibit 129, “ counted for Fitzgerald.” 

Exhibit 130, “ counted for Fitzgerald.” 

Exhibit 131, “ counted for Fitzgerald.” 

Block No. 3 contains ballots marked as exhibits: 

Exhibit 141, “ counted for Fitzgerald.” 

Exhibit 140, “ counted for Fitzgerald.” 

Exhibit 139, “ counted for Fitzgerald.” 

Exhibit 138, “ counted for Fitzgerald.” 

Exhibit 136, “ counted for Fitzgerald.” 

Exhibit 135, “ counted for Fitzgerald.” 

Exhibit 134, “ counted for Fitzgerald.” 

Block No. 5 contains ballots marked as exhibits. 

Exhibit 124, marked “ counted for Fitzgerald.” 

Exhibit 125, “ counted for Fitzgerald.” 

Exhibit 126, “ counted for Fitzgerald.” 

Exhibit 127, “ counted for Fitzgerald.” 

Ward 5, precinct 10. Box opened in the same manner as the previous ones 
by Commissioner Finigan. 

Mr. Finigan. Box contains signature book of the officers, two manila envel¬ 
opes, empty; one manila envelope containing the Socialists’ ballots, three blank 
tally sheets, canvas envelope containing the Republican ballots, and one can¬ 
vas envelope containing the Democratic ballots. 

Block No. 2 contains two ballots marked as Exhibit 161 and further in¬ 
scribed, “ counted for Fitzgerald,” and Exhibit 160, further inscribed, “ counted 
for Fitzgerald.” 

Block No. 1 contains ballots marked Exhibit 162, “ counted for Fitzgerald,’^ 
and Exhibit 163, “ counted for Fitzgerald.” 

Block No. 4 contains no exhibits. 


TAGUE VS. FITZGERALD. 


189 


precSling^’ • Sealed and opened under conditions similar to those 

lo^s^^ n contains a canvas envelope containing the Republican bal- 

Sai;!:;::re ~ 

“ CounteTfor Ta'njp ”^n,l^^ inscribed 

“ Counted to FttzgeraW' 1™” inscribed 

“ Comdetrfor\c'it 7 ^tp!.nui - n'"^^ “Exhibit 150” aiui further inscribed 

inscribed ”Coufded1i; Fitzge;a 

Block No. 4 contains no exhibits. 

^2’ a ballot marked “Exhibit 157” and further inscribed 

Fitzgerald.”^^ another one marked “ Exhibit 155 ” counted for 

Ward 6, precinct 1. 

were' '^lb!s''bov’'ie,l as the others 

was onene i nt ri ' ‘ been opened by the Baiiot Law Commission. This 

TIPS n^' L* i"’*' seaied by the commissioner at this office, 

i-nis Dox contains a canvas envelope containing the Republican ballots nnd 

■"* • i™-.. °.v“i s 

Block No. 3 contains no exhibits. 

Block No. 4 contains no exhibits. 

“ C^ountoffor^T^gue.'"" “ ® i"««'ibed 


Block No. 2 contains no exhibits. 

Ward 6, precinct 2. 

Mr. FiNiGANyTbis box sealed and opened under conditions similar to those 
preceiling; contains a canvas envelope containing the Democratic ballots a 
canvas envelope containing the Republican ballots, and a canvas envelope con- 
tming the Socialist ballots, also some blank tally sheets and some blank ma¬ 
nna envelopes. 

Block No. 2 contains no exhibits. 


Block No. 1 contains no exhibits. 
Block No. 4 contains no exhibits. 
Block No. 3 contains no exhibits. 
Ward 6, precinct 3. 


Air. Finigan. This box sealed and opened under conditions similar to the 
preceding ones. It contains a canvas envelope containing the Republican bal¬ 
lots and a canvas envelope containing the Democratic ballots. 

Block No. 2 contains a ballot marked “ Exhibit 16 ” and further inscribed 
“ Not counted.’ 

Block No. 1 contains no exhibits. 


Block No. 3 contains no exhibits. 

Block No. 4 contains no exhibits. 

Ward 6, precinct 5. 

Mr. Finigan. This box contains a canvas envelope containing the Republi¬ 
can ballots, a manila envelope containing the Socialist ballots and a canvas en¬ 
velope containing the Democratic ballots. 

Block No. 4 contains a ballot marked “ Exhibit 77 ” and further inscribed 
“ Counted for Fitzgeraldalso “ Exhibit 76 ” further inscribed “ Counted for 
Tague.” 

B]ock No. 1 contains no exhibits. 

Block No. 2 contains no exhibits. 

Block No. 3 contains no exhibits. 

AVard 6, precinct 4. 

Air. Finigan. This box sealed and opened under conditions similar to the 
preceding ones. 

It contains a canvas envelope containing the Republican ballots, a manila 
envelope containing the Socialist ballots, and a canvas envelope containing the 
Democratic ballots. 

Block No. 1 contains no exhibits. 

Block No. 2 contains no exhibits. 

Block No. 3 contains no exhibits. 


190 


TAGUE VS. FITZGERALD. 


Ward 6, precinct G. 

Mr. Finigan. This box opened under the same conditions as the precedin;^ 
ones. 


Box contains three envelopes—one manila containing the Socialist ballot‘d 
one canvas containing the Itepublican, and one canvas containing the Democratic 
ballots. 

Block No. 1 contains no exhibits. 

Block No. 5 contains no exhibits. 

Block No. 3 contains no exhibits. 

Block No. 2 contains no exhibits. 

Block No. 4 contains a ballot marked “Exhibit 85” and further inscribed 
“ counted for Fitzgerald.” 

Ward 6, precinct 7: Box sealed and opened in the same manner as the pre¬ 
ceding ones. 

Ml. Finigan. Box contains a canvas envelope containing the Democratic 
ballots, a manila envelope containing the Socialist ballots, and a canvas envelope 
containing the Repubhcan ballots. 

Block No. 2 contains no exhibits. 

Block No. 1 contains no exhibits. 

Block No. 6 contains no exhibits. 

Block No. 5 contains no exhibits. 

Block No. 4 contains no exhibits. 

Block No. 3 contains no exhibits. 

Ward 6, precinct 8: Box sealed and opened in the same manner as the pre¬ 
vious ones. 

Mr. Finigan. Box contains a canvas enevelope containing the Democratic 
ballots, a canvas envelope containing the Republican ballots, and a manila 
envelope containing the Socialist ballots. 

Block No. 1 contains no exhibits. 

Block No. 2 contains a ballot marked “ Exhibit 98 ” and further inscribed 
“ counted for Fitzgerald,” and a ballot marked “ Exhibit 97 ” further inscribed 
“ counted for Tagiie.” 

Block No. 3 contains no exhibits. 

Maid 6, precinct 9: Box sealed and opened in the same manner as the nre- 
ceding one. ^ 

Mr. Finigan. Box contains a canvas envelope containing the Republican 
ballots, a mamla envelope containing the Socialist ballots and a canvas envelone 
containing the Democratic ballots. 

Block No. 4 contains no exhibits. 

Block No. 1 contains a ballot marked “ Exhibit 105 ” and further inscribed 
not counted.” 


Block No. 3 contains no exhibits. 

Block No. 2 contains no exhibits. 

Mr. HARRpGTON. We call for the ballots cast at election wards 1 to 6 and then 

later we will ask for designated precincts at the primary, l)ut we won’t have 
to go through all the wards. ul ue ^von t na^e 

Nhitary Berman. You have produced as exhibits all those marked ballots 
and they are a part of the record. Now we want the ballots cast at the election 
for wards 1 to 6. When will it be convenient for you to firoduce them‘d 
Mr. Finigan. Just as soon as we can get the men to bring them 

(Considerable discussion between counsel and witness as to the time of nro- 
ducing the ballots asked for.) ^ 

1 Berman. It is now 12 o’clock. This hearing will be adjourned until 

1.30 this afternoon, and we will resume with the ballots cast at the election in 
wards 1 to 6, inclusive—the ballots and records. 


Afternoon Session, February 28, 1919. 

Mr. Harrington. Mr. Callahan wanted to get something- 
seals into the record. ^ 

Mi. Callahan. I wanted them marked as exhibits. 


in regard to these 


By Mr. Callahan: 

Q. Mr. Finigan, when the box that contained these ballots left the office of 
the commissioners was it a clean box, without any posters on it, or hnd it one or 

rigM hanr* “ halVln jour 

Q. Is that a copy of the poster on it?—A. That is a copy of the poster. 


tague vs. Fitzgerald. 


191 


Wn1iAr.^AHiN°7would like to I”*’ ''t/''® Yes 

Mr’‘piNiGi W by 6”® inai'keU as au esliiblt. 

happens reading may be different. This 

piimary it is made out city piumarv^^aud^ll^r ihl for the city 

primary. With these few exceptioiis tint i« tif pnmary it is made State 
the ballot boxes?—A. That is the form that Pasted on top of 

Q. When the votes have been countil and Jp t i 

Q. Hon- is that^Misted'm?-A''pasted onT*-’-^ 
these two places here. Pasted over there’ on i I ‘'‘Sht over 

Q. And the ends of the stnms c^,n,e ?,, nf V‘® ®“‘’* streps, 

straps come In these two spaces. ®'’® '^b^res?—A. The ends of the 

OL-Sumller’sflcken “‘® Yes. 

«s 'h^tohe.rourwt?houT the ‘bLd-f.ti^f Ihei"'slal?S 

to tie broken?—A. Nece'ssa^ny®'’ ballots taken out, the seal wotild liave 

openIng“of these''severaU)anot'boxeT aTe thefe®'' ‘P'' 

ttfxnire%=rLS£H“^ 

‘"Q.'irHd7H;e'^on‘Jfof rsfer?-"rU 

e'ectl^n‘ci?,,Sion. 
put upon it/i? harLi^exSLnWion^^^ 

h^ejl-nrz? res“!l.S'- ^ ^ 

Neveif'“‘' ‘'“'® «‘e presence of the commission ?-A. 

this particular subject^o/thes^e sea\s \vi?f beFinigan on 
finished with the baPots. " taken up later on when we have 

there in the ^o™of the box? Precmet 1, ward 5, and segregate them 

M^; Se.' 

Q. This form of seal was Freferrina' to Rvhihif osi 

yi,:irr'e“:.aTrsis‘:L7'‘s; it t£SKfr“- 

of the ballot law commission ?-A. Th^f was 
Mr' I think I ought to call attention to the fact that_ 

scribed. ‘isnTThat the tldng yoTsa^’heretofore de- 
A. Yes. 

Mr. C.vr.r.AHAN. I think they are kept out. 

from the ballot haw^commlss'ion.’ ”'®* ”*® **'®Y '^““e down 

Mr. Harrington. These never went up there 
Mr. Finigan. What do you want? 


By Mr. O’Connell; 



counted for 
precinct 1 , 
Exhibit 21 , 
Exhibit 20; 


192 


TAGUE VS. FITZGERALD. 


tins IS the same ward and precinct, Exhibit 19, counted for Tagiie; Exhibit 18, 
counted for Tagiie; Exliibit 17, counted for Tague; Exhibit IG, no vote; 
counted for Tague, Exhibit 15; Exhibit 14, counted for Tague; Exhibit 13, 
glinted for lague; Exhibit 12, counted for Tague; Exhibit 11, counted for 
i.'lf 10, counted for Tapie; Exhibit 9, no vote; Exhibit 8, no vote; 

Exhibit (, counted for Tague; Exhibit G, counted for Tague; Exhibit 5, countea 

4, counted for Tague; Exhibit 3, counted for Tague; Ex¬ 
hibit 2, counted for Tague; Exliibit 1, counted for Tague. 

Q. No\\, what about the rest of it? I suppose you will have to go through to 
show thej were there. A. Just as soon as you sent the boxes to be resealed- 

Notary Berman. AVhy don’t you take those votes counted for Tague and nut 
them aside? 

Ml. Callahan. A\ hy, of course, they wall have to be taken. We insist upon it 

Mr. Harrington. The contested ballots. 

Mr. PiNiGAN. Do you want to go through these boxes to look it up? 

Q. buie. Ihese are exhibits and all exhibits nuinbered will be offered as 
evidence.—A. Ward 5, precinct 2; Exhibit 25, counted for Tague; Exhibit 26 ' 
punted foi Tague; Exhibit 2i, counted for Tague; Exhibit 28, counted for 
Tague; P.xhibit 29, no vote; Iilxhibit 30, counted for Tague; Exhibit 31, counted 

counted for Fitzgerald; Exhibit 32 counted for Tague; 
Exhibit o3, counted for Tague; Exhibit 34, counted for Phtzgerald ; Exhibit 35 
counted for Tagiie; Exhibit 36, counted for Tague; Exhibit 37, counted for 
lague, Exhibit 38, counted for Tague; Exhibit 41, counted for Tague; Exhibit 
counted foi Tague; Exhibit 43, counted for Tague; Exhibit 44, counted for 
Tague; Exhibit 4o, counted for Tague; Exhibit 46 counted for Tague • Exhibit 
4i, counted for FUzgerald; Exhibit 48, counted for Tagne; Exhibit 49,’ counted 
for Tague; Exhibit oO, counted for Tague. 

Ml. Callahan. I submit now that you can not do this and I am going to pro- 
test. I don t think you have any right nor authority to direct the witness to 

Mr. O’Connell. To do wdiat? 

Mr. Callahan. To have Mr. Goodwin call off the numbers and you tell him 
what they are. 

Mr. O’Connell. I want to verify what Mr. Finigan has done 

Mr. Callahan. These numbers have been called off and we need no verifica¬ 
tion. The conumssioner is custodian of these ballots. 

Exhibit 187, counted for Fitzgerald; Exhibit 
186, counted for P itzgerald; Exhibit 185, counted for Tague; Exhibit 184 
counted for Tague; Exhibit 183, counted for Tague; Exhibit 182 counted for 

counted fo; ¥;4uef ex" 


~’ — t-viI x\jL X', JijXiiioiL Jn4 -Prvv 

163, counted for Tague; Exhibit 162, counterl fo’r Tague Ex¬ 
hibit ICl counted for Fitzgerald; Exhibit 160, no vote; Exliibit 159 counted for 

Tague ; Exhibit 158, no vote. Ward 5, precinct 3-the lir.st three pre^S have 
the exhibits on top. ^ nave 

, .,9; '■e'y.'' i'lr- Fiiiigaii?—A. It has nothing to do with me Ex- 

counted°, 4.59, counted for Tague; Exhibit 458, not 

Mr. O’Connell. 458, Richard P. Tague. 

A. 460, counted for Fletcher; Exhibit 461, counted for Tague; Exhibit 46‘> ^ 
not counted. ^ 

INIr. O’Connell. Peter Tague. no cross. 



. - ^..zgerald. 

Mr. O Connell. No. 469. Peter P. T 




TAGUE VS. FITZGERALD. 


193 


not coiiiited; Exhibit 484. e()iiilte(l Tague; Exhibit 483, 

Tague. Ward 5, prec-iiict G* fIi ildt ^85, counted for 

counted for Tague! T^XdiibU V“!"Vo mLi^fn Tague; Exhibit 8(M, 

Exhibit 793, eounWd for Tn^ue- eS counted; 

counted for Tague; Exhihit'^ThG om , /au counted for Tague; Exhibit 795, 
Tague; Exhibit 798, counted Dn ’tT^ p U Exhibit 797, counted for 

counted for Ta^nie- Fvhihif qoi <99, not counted; Exhibit 800, 

Tague; ExWhit 803 co lltfj,’- t Exhibit 802, counted for 

bibit 807, counted for TaVie ExlS S(n'*c^’“ ^ague; Ex- 

counted for Tague; Exbil.rt 810, comded Si 5^,gne ' 

Q. Wait a moment; 810 is Fitzgerald?—A. 810 is Fitzc^erald 
Notar,v Berxian. 809 is Fitzgerald. i itz^eiald. 

869,'Tague r868,''Tag*S- 858'^Tague •’sw*^ is Fitzgerald ; 811 is Fitzgerald; 
Tague* 8GO Too-i’ia- q«q lx + ’ Tague, 859, Fitzgerald; 860, Fitzgerald* 861 
S6T: Tagife';’ 87o"’not cSnuted.'^""'*"’’ 864, Tague; 865, Fitzgerald; *866, ikgue';’ 

two crosses. 

ilr. 0 ;Co.5"!’.®^-o’. IS^S^faTS’c^sT"''’"’ 

12()e. FitzgeSbV- %a5^’FUz4raS^’’T->04 p’f"' 6. P>-ecinct 8; 1207, Fitzgerald; 

S»3,^;iS'erfeT'"^ ^geSK, l^i": 

Ectcr F. Tague, of Boston, written 

1161 has “ Tague ” written with no cross. 

12.Hjl(zgeTaUr;42Vl hStfe!''’ no vote; 

a cros.s for FiStcher' ’*" " "-ith 

Mr. Erogna. On Fletcher. 

Mr. O’Connell. All right 

TagneS^l’dlTalie'-lUSoT^Suit^^^^^ 1245. 

A.‘'l^40°?aS;"; r2«"?a’gurrmo,'TaSe; f23tF?tziS^!' 

Mr. Harrington. That was Tague. 

:Mr. O’Connell. 1239 with a cross against Fletcher. 

A. 1238, Tague; 1237. Tague. 

I would like to make this suggestion: That great care 
Avi!^*r*f *^^ ^9ese exhibits, for this reason, that the markei^ 

.xlnhit Ls only attached with a clip, and in some instances, as you already know' 
the clip has come off and you will have to put it back more securely What T 
woul, suggest is tlmt more care be nsed.-A. I will take the i-es™o,S'follUy 

A. I will takr/t® ' 6i't I "’ould like to have it doiie.- 

good shapr*' ^ ‘o ''ave it done.—A. They are in prett.y 

disturbed.'"'*' «'em.-A. I am calling your attention they will not be 

(I I am calling your attention to this last. 

Notary Berman. Proceed, Mr. Finigan. 

(}. 1.-59, Tague, 1258, vote for Fitzgerald; 1263, counted for Ta^^ue * 126^^ 
counted for T.ague; 1261. wunted for Tague; 1260, counted for Ta^ue’ ioct’ 
counted for Fitzgerald ; 1266, counted for Tague ; 1265. counted for Ta%ne’- l^l 
counted tor Fitzgerald ; 1270, counted for Tague; 3269, counted for Ta^ue * 1*^68’ 

Ta"ue' ’ ^272, not counted ; 12717counted'^’ 

.Air. O’Connell. 1272, written “Peter F. Tague,” no cross. 

122575—19-13 



194 


TAGUE VS. FITZGEKALD. 


A. 1273, counted for Fitz^jerald; 1260, counted for Tague. 

Notary Berman. Just as soon as tlie commissioner who is reciting, all ti ese 
takes a iittle rest, we will proceed. I summon you to the stand. 

Finigan. I am not acting as commissioner. I am acting as a witness 

a!' 1278, counted for Tagiie ; 1276, counted for Tague; 1275, counted for Tague; 
1277, counted for Tague; 1279, counted for Tague; 1285, counted tor Tague, 
1284, counted for Fitzgerald; 1283, counted for Fitzgerald; 1282, not counted. 

Mr. O’Connell. Sticker on 1282 misplaced. 

A. 1281 counted for Fitzgerald; 1289, counted for Fitzgerald; 1280, not 
counted; 1294, counted for Tague; 1295, counted for Tague; 1392, counted for 
Tague; 1291, counted for Tague; 1290, counted for Fitzgerald; 1-89, counted 
for Tague; 1288, counted for Tague; 1287, not counted. 

Mr. O’Connell. Peter Tague, written, no cross. 

A. 1286, counted for Tague ; 1296, counted for Tague ; 1297, counted for Tague , 
1298, not counted. 

Mr. O’Connell. Sticker, no cross. ^ ^ m -.ono • 

A. 1299, counted for Tague; 1300, no vote; 1301, counted for Tague, 120-, 
counted for Tague; 1203, counted for Tague; 1204, counted for Tague. 
M’ard 6- 


Notary Berman. All through Ward 5? 

A. That makes it all. 

Notary Berman. Ward 6, precinct 1. 

Q Exhibit 1081, counted for Tague; 1080, counted for Tague; 10^9, counted 
for Tague; 1078, no vote, 1077, counted for Tague; 1076, counted for Tague; 
1075, counted for Tague; 1074, counted for Tague; 1073, counted for Tague;; 
283, not counted. 

Mr. O’Connell. John F. Tague, of Boston. 

A. 282, counted for Tague; 281. counted for Tague; 280, counted for Tague; 
279, counted for Tague; 278, counted for Tague; 277, not counted. 

Mr. O’Connell. A sticker and no cross. 

A. 276, no vote. 

Mr. O’Connell. A sticker with three crosses. 

A. 275, Tague; 274, counted for Tague; 273, counted for Tague; 272, counted 
for Fletcher. 

Mr. O’Connell. A sticker on 272, without a cross, and two crosses against 
Fletcher. 

A. 288, not counted. 

Mr. O’Connell. A sticker and no cross. 

A. 286, not counted; 285, not counted; 284, not counted; 289, counted for 

Fitzgerald ; 295, no vote. 

Mr. O’Connell. A sticker on that, no cross. 

A. Exhibit 294, counted for Tague; 293, counted for Tague; 292, counted for 
Tague; 291, counted for Tague; 290, counted for Tague; 305, counted for Tague; 
304^^ counted for Tague; 303, counted for Tague; 302, counted for Tague; 301, 
counted for Tague; 300, not counted. 

Mr. O’Connell. Written, Peter F. Tague, no cross. 

A. Exhibit 299, counted for Tague; 298, counted for Tague; 297 counted for" 
Tagiie; 296, counted for Tague; 1056, counted for Tague. 

(Mr. Murphy here took Mr. Finigan’s place to read the ballots.) 

A. Ward 6, precinct 3, block 2, Exhibit 575, Tague, 581, Tague; 580, Tague 
579, Tague; 578, Tague; 577, Tague; 576, not counted. 

Mr. O’Connell. A sticker with no cross. 

A. 584, not counted. 

Mr. O’Connell. A sticker with no cross. 

A. Exhibit 589, Tague; 588, Tague; 587, Tague; 586, Tague; 585, Tague; 594, 
Tague; 593, Tague; 592, not counted. 

Air. O’Connell. Not counted, a sticker with no cross. 

A. 591, no vote. 

Mr. O’Connell. A sticker with no cross. 

A. 595, not counted. 

Mr. O’Connell. Peter F. Tague written with a cross, and a cross against 
Fitzgerald, blurred out. 

A. Exhibit 596, Tague; 597, Tague; 598, not counted; 599, not counted. 

Mr. O’Connell. A sticker with no cross. 

A. Exhibit 600, Tague; 601, Tague; 602, not counted. 

Mr. O’Connell. A sticker with no cross. 



TAGUE VS. FITZGERALD. 


195 


A. 603, not counted 

Mr OJCONNELL. A sticker wltli no cross 
A. 60o, not counted. 

sticker with no cross. 

Ward 0, jirecinct S.^^Tagiiel’^ExhTiiit Pi’ecinct 4, block .5. 

"’'tl> tio cross. 

fot Fitzserahl? aw>, cmmteiT ftw FrtzKCTfhk t''»'nted ; 953, counted 

mJ.' BRoGNI'^^gira^;,otjce^low It^ *''® ""c. 

I Shall object to it. ‘ ^ these comments are put in the record, 

V, i 956. Taffue; 9.57, no vote 

^ a’cros'stninst Fieteher. ' 

precinct 5. 

coui'ited. ’ Tag-lie; 1014, Tagiie; 1011, Tague; 1012, not 

tile record, tile stk^eri'Tiarelv hansTng* on ^ P^t in 

kr.'o’Co™Rn"'Tst^ic^ T«g«e; 1017, not counted, 

A. 1010, Tague; 1009. not counted 

4 " “"ctt a cross. 

A. 1008, not counted. 

Mr. O’CONNET.L. A sticker without a cross. 

TagueVll2t’Taguetn21,'FtegerM ; 1117, 

r.‘'i?20:“nof coun‘(;ea "«“'>,st Fitzgeraid hy a double cross. 

Mr O’Connell. A sticker and no cross 
A. 1119, not counted. 

sticker and no cross 

4e^^’3?laS^ 1128, Xague; 1127. 

Ml. O Connell. A sticker and no cross. 

1196,“o'TOTe,®"®' "■«™ 6- IVard 6, precinct 8; 

FletSiM’,*^'*””'"''- ^ ‘''e name of Tague and also a cross against 

wm nofbe CTiJence”’* 6>’f>«nell's comments are taken down and 

trdccr: 1181, Tague; 1186, not counted 

Ml. O Connell. A sticker with no cross 

A. 1194, Tague; 1193, not counted. 

Mr. O’Connell. A sticker with no cross 

F'letchelc ®l'cker witii a cross against Tague and also against 

Tatef!l!lrT“gl.efl235!^S^u’e'"-’'’ Tague; 1234, 

no^RepubtorcommiroLt^ern in the ballots, 

Lm'no vo^te "'heu Uie '’ault is opened. 271, Tague; 270, Tague; 

Mr. O’Connell. A sticker not marked. 


196 


TAGUE VS. FITZGERALD. 


A. 262, Tague; 261, Tagiie; 260, Tagiie; 259, Tagiie; 258, Tague, 257, 
Tague; 256, Tague; 255, Tague; 254, Tague ; 253, Tague; 252. not counted. 

Mr. O’Connell. A sticker not marked. 

A. 251, not counted. 

IMr. O’Connell. A stickei- not marked. 

A. 250, not counted. 

Mr. O’Connell. Name written in. 

A. 249, Tague; 248, not counted. 

Mr. O’Connell. A sticker not marked. 

A. 247, Tague; 246. Tague; 245, Tague; 244, Tague; 243, Tague; 242, Tague; 
241, Tague ; 240, Tague; 239, Tague ; 238, no vote. 

Mr. O’Connell. A cross where the sticker was stuck and fell off. 

A. 237, Tague; 236. Tague; 235, Tague; 234, Tague; 233, not counted. 

Mr. O’Connell. A sticker; no cross. 

A. 232, Tague; 231, Hammond T. Fletcher; 230, Tague; 229, Tague; 228, 
Tague; 227, Tague; 226, Tague; 225, Tague; 224, not counted. 

Mr. O’Connell. Written, Peter F. Tague, no cross. 

A. 223, Tague; 222, Tague. That is the end of ward 1, precinct 1. Ward 1, 
precinct 2. 98, Tague; 97, not counted. 

Mr. O’Connell. The cross on the blank space indicating the sticker fell otf. 

A. 99, Tague; 100, Tague; 101, Tague; 102, Tague; 103, no vote. 

Mr. O’Connell. A sticker and no cross. 

A. 104, Tague; 105, Tague; 106, no vote. 

Mr. O’Connell. A sticker with a cross against Tague and also against Fitz¬ 
gerald. 

A. 107, not counted; 108. not counted; 109, Tague; 110, Tague; 111, Tague; 
112, Tague; 113, Tague; 114. Tague; 115, Tague; 116. Tague; 117, Tague; 
118 Tague; 119, Tague; 120, Tague; 121, Ta^ue; 122, Tague; 123, no vote. 

Mr. O’Connell. A sticker and no cross. 

A. 124, Tague; 125, Tague; 126, Tague; 127, no vote. 

IMr. O’Connell. A sticker and no cross. 

A. 128, Tague; 129, not counted. 

IMr. O’Connell, A sticker and no cross. 

A. 130. Tague; 131, Tague; 132, Tague; 133, Tague; 134, Tagme; 136, Tague; 
137. Tague; 138, Tague; 139, Tague; 140, Fitzgrrahl. 

Mr. O’Connell. A cross against the name under the name of Fletcher, also 
indicating that it voted for Tague. 

A. Ward 1, precinct 3. 380. Tague ; 379, Tague ; 378, no vote ; 377 not counted. 

Mr. O’Connell. Written in, Peter F. Tague. 

A, 376, Tague; 375, Tague. 

Mr. O’Connell. This sticker is nearly off that ballot, 

A. 374, Tague; 373, not counted ; 372, Tague ; 371, Tague; 370, Tague; 369, 
Tague; 368, Tague; 367, Tague; 366, not counted ; 365, Tague; 364, not counted : 
363, Fitzgerald ; 362, not counted. 

IMr. O’Connell. Wait a moment—Peter F. Tague. 

A. 361, not counted; 360, Tague; 359, not counted. 

Mr. O’Connell. The name of Peter F. Tague, blurred, with ink, and two 
crosses. 

A. 358, not counted. 

Mr. O’Connell. A sticker, no cross. 

A. 357, Tague; 356, no vote; 355, Tague; 354, Tague; 353, not counted. 

IMr. O’Connell. 353 is a sticker without any cross. 

A. 252, Tague; 351, Tague; 350, Tague; 349, Tague; 348, Tague. The end of 
precinct 3. 

Mr. O’Connell. I want to suspend with him for a minute or two. I want to. 
ask Mr. Finnigan a few questions at the present time. (Mr. Finnigan takes 
the stand.) 

Q. Mr. Finigan, where did you get those ballots that were just brought into 
this room?—A. Out of the vault. 

Q. How did you get into the vault?—A. In the safe. 

Q. You were alone when you opened it?—A. Y"es. 

Q. Where was the Republican commissioner?—A. He was not there at the 
safe, but he had thrown over the combination previously. 

Q. He had thrown over the combination previously, and you had gone down 
and got these ballots without his being there?—A, No; it was not necessary. 

Q. In other words, you were able to go into the vault since 2 o’clock without 
the presence of any Republican commissioner?—A. No. 


TAGUE VS. FITZGERALD. 


197 

S -iTf tli0i0 tinj R0piibliC(in coiiiniission0r Dr0S0nt‘?_ a 

Stand, pl 0 as©? ^ ^ ® ass©rman, will you take the 

WASSBRMAN, sworn. 

Q ArrvVu o^r^f n“ J«cob Wasserman. 

3?-A No' l‘ha;“been hire beto‘irtl'aT‘'‘“® 

q : su!!: :z%z%-Ti;-tnVr 

Q. A\hat time?—A. Around 2. 

Q. Then where did you go?—A. Went to my office 
O Finigan, did you?-A. No 

Since when.* t>ack to the room?— 

O Sn^^fbo© ^ office?—A. No 

n , l'it'^eIu ail aa.\ i —A. 1 have not seen him all dav 

A.^I tm '™" ''“"■’ “'y Republican commTssionlr here?- 

Q. When did you swing the combination of that vault back*?-A Raek*? 

I ri;.Ti.i':.r""“'""«"■•■ '•« "< 

t.StS-“ S, T“i4 “'" »'«•» «M ,.« t..cl, ti,l, CO.. 

Q. What time?—A. About half-past 9. 

O wunf vault?—A. I have 

Q. What time?—A. Since that time. 

o purpose?—A. For the purpose of having the vault open 

wat iS untocked the time the combination 

^^ 3 ' oVi combination was left unlocked so Mr Pini^an 

St“A® Yer" having ih'own.-tS'r 

fromti\f‘past9 up^Ttlmpl-e'lent «“ «“« 

Q: Se Ton ^m-e”-r“‘snre“ 

Q. Now, reflect.—A. I have reflected. 

arounYhal/p“lt'“ recollection is that it was put on 

O WonM “'"r’ fThat is my best recollection. 

Q. Uould it surpiise you to know you did not put it on after Commissioner 

'S;l‘ “‘Sht?-A. It would surprise me; yes, s r 
Mr. O’Connell. That is all. 

Mr. Beogna. No questions. 

Notary Beeaian. Proceed with the counting of these exhibits. 

Mr. Beogna I want to call attention to the fact that the men whose deposi- 
tioiLs are now taken, as I said earlier in the day, have all these boxes described 
with their seals not broken, and the seals are shown on the boxes 

no TOtel’''*^ '^o«“ted; 515, not counted; 514, 

^Jr.^O’CoNNELL. ^A sticker with a cross against Fletcher. 
iV^0^C0NNELi.'^Al^^^ counted; b09, not counted. 

503%"a^^ue?Si;rn"c:r'co^u11“l^ -^0^’ -anted; 

Mr. Beogna. Don’t break any of these seals. 

A. 501, Tague; .500, Tague; 499, Tague; 498, Tague; 487 Tamie * 490 not 
counted; 495, not counted; 494, Tague; 493, not counted;’492 Tague *’491 
Tague; 490, not counted. ’ 

Mr. O’Connell. A sticker without a cross. 

A. 489, not counted. 

Mr. O’Connell. A sticker without a cross. 


198 


TAGUE VS. FITZGEKALD. 


A. 488, Tague; 487, Tague; 486, Tague. End of ward 1, precinct 4. This 
is ward 1, precinct 5, block 1. 574, Tague; 573, Tague; 572, Tague; 570, not 
counted. 

Mr. O’Connell. A cross in the blank and a sticker underneath. 

A. 569, Tague; 568, not counted; 567, Tague; 566, Tague; 565, Tague; 564, 
Tague; 563, Tague; 562, no vote. 

Mr. O’Connell. A cross in the blank indicating the sticker had fallen off. 

A. 561, not counted. 

Mr. O’Connell. A sticker with a cross in the column outside. 

A. 560, not counted. 

Mr. O’Connell. A sticker with a cross right over the name Tague, diagonally. 
A. 559, not counted. 

Mr, O’Connell, A sticker without a cross. 

A. .558, Tague; 557, not counted. 

INIr. O’Connell. A sticker without a cross. 

A, 5.56, Tague; 555, not counted. 

Mr. O’Connell. A sticker without a cross. 

A, 5.54, Tague; 5.52, not counted. 

Mr. O’Connell. A sticker without a cross, 

A. 551, not counted. 

Mr. O’Connell, A sticker without a cross. 

A. 550, Tague; 549, Tague; 548, Tague; 547, Tague; 546, not counted. 

Mr. O’Connell. Peter P. Tague, of Boston, written in and not marked. 

A. 571, not marked. 

Mr. O’Connell. A sticker with a cross opposite, but not counted. 

A. 553, not counted. End of ward 1, precinct 5. 

Mr. O’Connell. A sticker with a cross, not counted. 

Mr. Brogna. The suggestion was made that before you open it you call at¬ 
tention to the fact that the seals are intact. 

Mr. O’Connell, Mr. Callahan’s suggestion is right; state that the boxes are 
found sealed. 

Mr. Brogna. And that the others were found in the same way. 

]Mr. Connell. There is no dispute on the others, 

Mr. Callahan. I want to do it so the commissioners would be protected. 

A. Ward 1, precinct 6: 753, Fitzgerald; 750, Tague; 752, Tague; 751, Tague; 
727, not counted. 

Mr. O’Connell. A sticker with Mr. Tague’s name, a cross, and also a cross 
against the name Fitzgerald. 

A. 726, Tague; 733, Tague; 732, Tague; 731, Tague; 730, Tague; 729, Tague; 
726, Tague; 740, Tague; 739, Tague; 738, Tague; 737, Tague; 736, Tague; 735, 
Tague; 734, Tague; 744, Tague; 743, Tague; 742, Tague; 741, Tague; 749, 
Tague; 748, Tague; 747, Tague; 746, Tague; 745, Tague. Ward 1, precinct 7: 
790, Peter P. Tague; 789, John W. Fitzgerald; 788, Fitzgerald. 

Mr. O’Connell. No cross against Fitzgerald. 

A. 787, Tague; 786, Tague; 785, not counted. 

Mr. O’Connell. A sticker not marked. 

A. 784, Tague; 783, Tague; 782, Tague, 781, Tague; 780, Tague; 779, Tague; 
778, Tague; 777, not counted. 

Mr. O’Connell. A sticker for Tague and no cross. 

A. 776, Tague; 775, Tague; 774, Tague; 773, Tague; 772, Tague; 771, Tague; 
770, Tague; 769, Tague; 768, Tague; 767, Tague; 766, Tague; 765, Tague; 764, 
Tague; 763, Tague; 762, Tague; 761, Tague; 760, Tague; 759, Tague; 758, 
Tague; 755, Fitzgerald. 

Mr. O’Connell. An ordinary straight cross against Fitzgerald, whilst the 
others are not. 

A. 754, Tague; 757, no vote. 

Mr. O’Connell. A sticker with a cross against Fitzgerald’s name. Not 
counted. 

A. 756, Tague. Ward 1, precinct 8: 1083, Tague; 1082, Tague; 1088, Tague; 
1087, not counted; 1086, Tague; 1085, Tague; 1084, Tague; 1094, not counted; 
1093, Fitzgerald. 

Mr. O’Connell. A double cross for Fletcher. 

A. 1092, Tague; 1091, not counted. 

Mr. O’Connell. A sticker with no cross. 

A. 1090, Tague; 1089, Hammond T. Fletcher; 1099, Tague; 1098, Tague; 
1097, not counted. 

Mr. O’Connell. A sticker with no cross. 


TAGUE VS. FITZGERALD. 


199 


A. 1096, not counted. 

^ sticker with no cross. 

A. 1095, not counted. 

yP’CoNNELL. A Sticker with no cross. 

Mr ’ ^^t)l, not counted; 1100, Fletcher. 

A. 1109, not coii^ed'^^^ against the blank where the sticker was, obliterated. 

Mr. O’Connell. A sticker not marked. 

counted 1104, not counted; 1105, not 

An- ^ counted; 1113, not counted; 1112, not counted. 

A ,1 1 NNt^. A sticker with a cross against Tague and Fitzgerald. 

Ar ’ ^ague; 1110, Tague. 

fell with 1112, were ballots where the sticker 

vo^' ^ Tague; 142, Tague; 143, Tague; 144, no 


Mr. O’Connell. 
A. 145, Tague. 
Mr. O’Connell. 
held on. 


A sticker without a cross. 

Part of this particular sticker has gone, and the rest is just 


aV.T ague; 148, not counted. 

A ^ sticker, the indication being that it fell off. 

A. 149, Fitzgerald; 150, Fitzgerald. 

Mr. O’Connell. That is a bad one. 

tr ’ 1^“’ Tague; 153, Tague; 154, Tague; 155, no vote. 

‘^iicker on here with the cross in the margin between the 
second and third columns. 

^r' Ij,^’Tague; 157, Tague. * Ward 2, precinct 2. 323, no vote. 

Mr. O’Connell. Sticker and no cross. 

A. 324, Tague; 326, not counted; 327, not counted. 

Mr. O’Connell. Nobody voted for on these. Not counted. 323 has a sticker 
without a cross. 

A. 306, not counted. 

Mr. O’Connell. No one voted for. 

A. 307, Peter F. Tague; 308, Tague; 309, not counted. 

Mr. O’Connell. No one voted for. 

A. 310, Tague; 311, Tague; 312, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 313, Tague; 314, Tague; 315, no vote. 

Mr. O’Connell. No one voted for. 

A. 316, no vote. 

Mr. O’Connell. No one voted for. 

A. 317, Tague; 318, Tague; 319, not counted. 

Mr. O’Connell. No one voted for. 

A. 320, Tague; 321, Tague; 322, not counted. 

Mr. O’Connell. No one voted for. 

A. The seal on this box is intact. This is ward 2, precinct 3, block 6. 381 
Tague; 382, Tague; 383, not counted. ’ 

Mr. O’Connell. No one voted for. 

A. 384, Tague; 385, Fitzgerald. 

Mr. O’Connell. A cross in the Fletcher column. 

A. 386, not counted. 

Mr. O’Connell. No one voted for. 


A. 387, Tague; 388, Fitzgerald; 389, not counted. 

Mr. O’Connell. No one voted for. 

A. 390, Tague; 391, Tague; 392, Tague; 393, not counted. 

Mr. O’Connell. No one voted for. 

A. 394, not counted. 

:Mr. O’Connell. No one voted for. 

A. 395, no vote. 

Mr. O’Connell. Cross against a sticker for Tague and also a cross inserted 
ngainst Fitzgerald. 

A. 396, not counted. 

]\Ir. O’Connell. Peter F. Tague, Boston, Mass., written in and a delicate cross 
against Fitzgerald. 

A. 397, Tague; 398, Tague; 399, not counted. 

Mr. O’Connell. Peter F. Tague written in and no cross. 


200 


TAGUE VS. FITZGERALD. 


A. The seal on this box is intact. This is ward 2, precinct 4, block 5. Ex¬ 
hibit 524, not counted. 

Mr. O’Connell. A cross against the sticker, Peter F. Tagne, and not counted. 
A. 518, Tagne; 519, Tagne; 520, not counted. 

IMr. O’CoNNEi.L. A sticker not crossed. 

A. 521, Tagne; 522, not counted. 

Mr. O’Connell. No one voted for. 

A. 523, Tagne; 525, Tagne; 526, Tagne; 527, not counted. 

INIr. O’Connell. No one voted for. 

A. 528, not counted. 

Mr. O’Connell. No one voted for. 

A. 529, not counted. 

INIr. O’Connell. A sticker not marked. 

A. 530, Tagne; 531, not counted. 

Mr. O’Connell. No one voted for. 

A. 532, not counted. 

Mr. O’Connell. No one voted for. 

A. 533, not counted. 

Mr. O’Connell. A sticker and no cross. 

A. 534, Tagne; 535, Tagne; 536, not counted. 

Mr. O’Connell. No one voted for, 535, 536. 

A. 537, not counted. 

Mr. O’Connell. A sticker with a cross against Fitzgerald and Tagne. 

A. 538, not counted. 

Mr. O’Connell. No cross against any name for Congress. 

A. 539, not counted; 540, not counted. 

Mr. O’Connell. Peter F. Tague, of Boston, written in. 

A. 541, not counted. 

Mr. O’Connell. Peter F. Tague, of Boston, written in. 

A. 542, Tague; 543, not counted. 

Mr. O’Connell. No one voted for. 

A. 544, Tague; 545, not counted. 

Mr. O’Connell. No one voted for. 

A. Ward 2, precinct 4. These seals are intact. Ward 2, precinct 5, block 6. 
682, Tague; 683, Tague; 684, not counted. 

Mr. O’Connell. Peter E"'. Tague, written in under Congress. 

A. 685, Tague; 686, not counted. 

Mr. O’Connell. No one voted for. 

A. 687, not counted. 

Mr. O’Connell. No one voted for. 

A. 688, Tague; 689, Tague; 690, Tague; 691, Tague; 692, not counted. 

Mr. O’Connell. No one voted for. 

A. 693, Tague; 694, Tague; 695, Tague; 696, not counted. 

Mr. O’Connell. No one voted for. 

A. 698, not counted. 

Mr. O’Connell. No one voted for. 

A. 699, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 700, Tague; 701, Tague; 702, not counted. 

Mr. O’Connell. No one voted for. 

A. 703, Tague; 704, Tague; 705, not counted. 

Mr. O’Connell. No one voted for. 

A. 706, Fitzgerald. 

Mr. O’Connell. A sticker with no cross against it. 

A. 707, Tague; 708, Tague; 709, not counted. 

Mr. O’Connell. A sticker without a cross and Fitzgerald's name obliterated. 

A. 790, not counted; 711, not counted; 712, Tague; 713, not counted. 

Mr. O’Connell. No one voted for. 

A. 714, not counted. 

Mr. O’Connell. No one voted for. 

A. 715, not counted. 

Mr. O’Connell. No one voted for. 

A. 716, not counted. 

Mr. O’Connell. No one voted for. 

A. 717, Tague; 718, not counted. 

Mr. O’Connell. A cross in the blank indicating the sticker had been placed on. 
A. 719, not counted. 


TAGUE VS. FITZGEKALD. 


201 


voted for. 

A. <20, not counted. 

f VKroounfel“''^“ 

^ut n„t counted. I note 



A Tno-n^V fT"'^ ""T" intended for Fletcher, 
couiitea?’ “ Ware 2, precinct 6; 892, not 

against^the” tMter.'^ sticker with a cross. There is a cross partly obiiterateil 

counted. 

Mr. O Connell. No one voted for. 

A. 880, not counted. 

Mr. O’Connell. No one voted for. 

Mr counted. 

Mr. O Connell. No one voted for. 

A. 884, not counted. 

Mr. OJCoNNELL. No one voted for. 

A. 885, not counted. 

Mr. O’Connell. No one voted for. 
h 886, Tague; 887, Tague; 888, not counted. 

Mr. O Connell. No one voted for 
A. 889, Tague; 890, not counted. 

Mr. O’Connell. No one voted for. 

A. 891, not counted. 

Mr. O'Connell. A sticker and no mark 

tf ’ 893, Tague; 894, not counted. 

Mr. O Connell. No one voted for. 

A. 895, Tague; 896, not counted. 

Mr. O’Connell. No one voted for. 

A. 897, Tague; 898, not counted. 

Mr. O’Connell. No one voted for. 

A. 899, no vote. 

A^^W^no^vote ^ against Fletcher and Tague. 

^ ugalnst Fitzgerald and Tague. 

A. 901, Tague; 902, Tague; 903, no vote. 

Mr. O Connell. A sticker with a cross against Tague’s name and also a 
cross against the name of Fletcher ’ ^ ^ 

A. 904, Tague; 905, Fletcher. 

Fl^cher^^^^^^^’ ^ sticker without a cross, or with a cross against the name of 

A. 906, Tague; 907, not counted; 908, not counted. 

Mr. O’Connell. No one voted for. 

A. 909, Tague; 910, not counted. 

Mr. O’Connell. A sticker and no cross. 

A. 911, not counted. 

Mr. O’Connell. No one voted for. 

A. 212, Tague; 913, not counted. 

Mr. O’Connell. No one voted for. 

A. 914, not counted. 


Mr. O’Connell. A sticker without a cross. 

A. 915, Tague; 916, not counted. 

Mr. O’Connell. Peter F. Tague, written in, no cross 

t 917;. Tague; 918, Tague; 919, Tague. Ward 2, precinct 7, 1020, Fitzgerald 

Where the sticker undoubtedlv was. 

A. 1021, Tague; 1022, not counted. 

Mr. O’Connell. No one voted for. 

A. 1023, not counted. 

Mr. O’Connell. No one voted for. 

A. 1024, not counted. 

Mr. O’Connell. No one voted for. 

A. 1025, not counted. 

Mr. O’Connell. No one voted for. 

A. 1026, not counted. 


202 


TAGUE VS. FITZGERALD. 


INIr. O’Connell. Peter P. Tague written in last part of ballot. 

A. 1027, no vote. 

Mr. O’Connell. A cross against everybody’s name. 

A. 1028, not counted. 

Mr. O’Connell. No one voted for. 

A. 1029, not counted. 

Mr. O’Connell. No one voted for. 

A. 1030, not counted. 

Mr. O’Connell. No one voted for. 

A. 1031, not counted. 

Mr. O’Connell. No one voted for. 

A. 10^2, not counted. 

Mr. O’Connell. No one voted for. 

A. 1033, not counted. 

Mr. O’Connell. Sticker for Tague, not marked. 

A. 1034, not counted. 

Mr. O’Connell. No one voted for. 

A. 1035, not counted. 

Mr. O’Connell. No one voted for. 

A. 1036, not counted. 

Mr. O’Connell. No one voted for. 

A. 1037, no vote. 

Mr. O’Connell. No one voted for. 

A. 1038, not counted. 

Mr. O’Connell. No one voted for. 

A. 1039, not counted. 

Mr. O’Connell. No one voted for. 

A. 1040, not counted. 

Mr. O’Connell. No one voted for. 

A. That is tbe end of that precinct. Ward 2, precinct 8, block 6, 1041, not 
counted. 

Mr. O’Connell. No one voted for. 

A. 1042, Peter F. Tague; 1043, not counted; 1044, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 1045, Peter F. Tague; 1046, Peter P. Tague; 1047, Peter F. Tague; 1048, 
no count. 

Mr. O’Connell. A sticker without a cross. 

A. 1049, Tague; 1050, Tague; 1051, Tague; 1052, not counted. 

Mr. O’Connell. No one voted for. 

A. 1053, Tague; 1054, not counted. 

Mr. O’Connell. No one voted for. 

A. 1055, Tague; 1057, Tague; 1058, not counted. 

Mr. O’Connell. No one voted for. 

A. 1059, Tague; 1060, Fitzgerald. 

Mr. O’Connell. No cross in the column. 

A. 1061, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 1062, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 1063, Fletcher; 1064, not counted. 

Mr. O’Connell. No one voted for. 

A. 1065, Tague; 1066, Tague; 1067, Tague; 1068, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 1069, Tague; 1070, Ta,gue; 1071, Tague; 1072, Peter P. Tague. (Exhibit 
1056 was not produced. Apparently missing.) 

Notary Beeman. Ready for wards 3 and 4, gentlemen? 

Mr. O’Connell. Yes. 

Notary Beeman. Are the commissioners ready to bring them in? 

]\Ir. PiNiGAN. They are here. I have them here. 

A. Ward 4, precinct 1. The seal is intact. 96, Tague; 95 not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 94, Tague; 93, not counted. 

Mr. O’Connell. A cross in the blank space, indicating the sticker is lost 
A. 92, no vote. 

INIr. O’Connell. A sticker with no cross. 

A. 91, Tague; 90, Tague; 89, Fitzgerald. 

Mr. O’Connell. A sticker with no cross. 

A. 88, not counted. - ■» 


TAGUE VS. FITZGERALD. 


203 


A. 81, TagueTb, councillor's column. 

A.''8®’S"- cross. 

^with no cross. 

5-: Tague ; 53“Tag;Jfi4,%UzgeraW.‘® ^‘■®‘'"'ct 4. war<l 2. 51, Tague ; 

\‘ 5.5 ’^T.f,n,o''.'''^c that’was obliterated. 

61. Tague;‘62, no vo’te^‘''^“®' Tague; 59, Tague; 60, Tague; 

Mr. O'CoNNEt.L. A sticker with no cross. 

A. 63, no vote. 

^ sticker with no cross. 

^ ™te. 

A. <0, no vote. 

ou?^wlth’?Soi“' Fitzgerald crossed 

77:'Tag;,eT7f!t’o™te^“^'^’ ^5. Tague; 76, Tague; 

A %o ’ ^^"''“• 00 ®'!?'' "■’■itten in- No cross. 

3,bioIk 4 407,’nfTOte!®^®' P^’cc^ct 

Mr. O’Connell. A sticker with no cross. 

400■ 4f4' Tague; 403, Tague; 402, Tague; 401, Tague- 

Sv/r;,‘„£i.'v,»• »•'•« 

Mr. O’Connell. Sticker with no cross. 

M ’ 4^4, Tague; 435, not counted, 

in the Center”®'"'’ ^ cl®'™ «'c column 

A. 436, not counted. 

Mr. O’Connell. A sticker with no cross. 

Tague; ‘iSO, Tague; 440, not counted. 

Mr. O Connell. A sticker with no cross. 

T^ue; 443, Tague; 444, Tague; 445, Fitzgerald, 
column in Sex'S' Senator “® congressional 

A. 446, Tague; 447, no vote. 

written in with a cross opposite the end of column 

A. 448, not counted. 

Mr. O’Connell. A sticker with no cross. 

Tague; 452, Tague; 451, Tague. This seal is intact. 
Ward 4, precinct 5, exhibit 831, Tague; 819, Tague; 816, not counted. 

Mr. O’Connell. A sticker with a cross against it and a cross before it 
Three crosses on it. 

A. 825, Tague; 826, not counted. 

Mr. O’Connell. A sticker on this ballot and a cross in the middle between 
the word “ Boston ” and “ for ” and the sticker detached from the ballot. 

Mr. Brogna. I object to that comment. Please note my obiection. 

A. 818, Tague; 815, not counted. 

Mr. O’Connell. A sticker for Tague and a cross opposite. 

Mr. Brogna. I object to that comment and ask that my objection be noted. 
A. 839, Tague ; 838, Tague ; 837, Tague ; 836, Tague ; 835, Tague ; 834, Tague; 
833, Tague; 832, Tague; 830, Tague; 829, Tague; 828, Tague; 827, Tague* 
824, Tague ; 823, Tague ; 822, Tague ; 821, Tague. 

Mr. O’Connell. Put a clip on that. 

Mr. Murphy. Yes; isn’t there a clip on it? 

Mr. O’Connell. No. 

A. 820, not counted. 

Mr. O’Connell. A sticker with no cross. 

A. 817, not counted. 

Mr. O’Connell. No vote. A cross in the blank space. 

Mr. Brogna. I object to that comment and ask that my objection be noted. 
Notary Berman. The judge has noted the objection. 

A. 814, Fitzgerald. 

Air. O’Connell. A sticker on this not marked. 


204 


TAGUE VS. FITZGERALD. 


A. 813, Tague; 812, not counted.. 

Mr, O’Connell, A sticker with no cross, 

A. The seals on this box are intact. Ward 4, precinct G; 842, Tague; 841, 
Tagiie; 843, Tague; 857, Tague; 856, Fitzgerald. 

Mr. O’Connell. A sticker without a cross and a cross against Fitzgerald. 
A. 855, Tague; 854, Tague; 853, Tague; 852, Tague; 851, not counted. 

INIr. O’Connell. A sticker without a cross. 

A. 850, not counted. 

Mr. O’Connell. A cross in the blank .space under Fletcher indicating where 
the sticker was. 

A. 849, not counted. 

Mr. O’Connell. A sticker for Tague but not marked. 

A. 848, Fletcher. 

Mr. O’Connell. A sticker for Tague with a cross opposite the name of 
Fletcher. 

• A. 847, not counted. 

Mr. O’Connell. A sticker for Tague not marked. 

A. 846, Fitzgerald. 

Mr. O’Connell. A sticker for Tague not marked and an obliteration against 
the name Fitzgerald. No cross there. 

A. 845, Tague; 844, Tague; 840, not counted. 

Mr. O’Connell. A sticker for Tague not marked. 

A, You will note that the seal on this is intact. Ward 4, precinct 7. 925, 
not counted. 

Mr. O’Connell. Peter F. Tague written in. 

A. 928, Peter F. Tague; 930, Tague, 929, not counted. 

Mr. O’Connell. A sticker with cross not opposite. 

A. 920, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 922, Peter F. Tague; 921, no vote. 

INIr. O’Connell. A sticker with cross against it and then a different kind of 
cross against name of Fitzgerald. 

Mr. Beogna. I object. 

Notary Beeman. That may stand. 

A. 923, Tague; 924, Tague; 926, Peter F. Tague; 927, not counted. 

Mr. O’Connell. A sticker with no cross. 

A. 928, not counted. 

IMr. O’Connell. A sticker with no cross. 

A. 929, Peter F. Tague; 931, Tague; 932, Tague; 933, Tague; 934, not 
counted. 

Mr. O’Connell. Peter F. Tague written in under Senator and crossed. 

A. 935, Peter F. Tague; 936, Tague; 937, not counted. 

Mr. O’Connell. A sticker without a cross. 

A. 940, Tague; 941, Tague. You will notice the seals on this are intact. 
Ward 3, precinct 1. Exhibit 189, for Tague; 188, Tague; 190, Tague; 191, no 
vote. 

Mr. O’CoNNEiA.. Peter F. Tague written in, no cross. 

A. 192, John F. Fitzgerald. 

Mr. O’Connell. The cross was against Fletcher. 

Mr. Beogna. I object to that comment. 

Notary Beeman. That may stand. 

A. 193, Tague; 194, Fitzgerald. 

Mr. O’Connell. This ballot was marked. Note that the initials of the man 
who filed it are J. L. B. 

A. 195, Tague; 199, Tague; 198, Tague; 197, not counted. 

Mr. O’Connell. Written Peter P. Tague, with a cross. 

A. 196, Tague; 202, Tague; 201, Tague; 200, no vote. 

Mr. O’Connell. Name written Peter F. Tague, no cross. 

A. 205, no vote. 

Mr. O’Connell. Two stickers on there, one of them partly torn off and two 
crosses. 

A. 203, not counted. 

Mr. O’Connell. A sticker without a cross. The sticker very loose, just being 
barely held on. 

A. 204, counted for Peter F. Tague; 208, Tague; 207, not counted 
Mr. O’Connell. A sticker without a cross. 

A. 206, John F. Fitzgerald. 


TAGUE VS. FITZGERALD. 


205 


Y“ ->lC*^T”iL^np'"o^iVT“.'^ against the name of Fletcher. 

Vr'. . ^ ® Tague; 214, not counted, 

A •■ Tagae not crossed. 

4 m tlie center. 

A. 213, Tagiie; 212, no vote. 

ha"ndwrit?ng.^^^^’ ^ sticker for Tagiie crossed and then a cross in a different 

tr Tague; 209, Fitzgerald. 

. ^ against Fletcher. 

—1, Tague; 220, not counted. 

^tr. O’Connellj a sticker without a cross. 

A. 219, not counted. 

^ii. O Connell. A sticker without a cross. 

nreeinofo'^^wi^ also’unbroken. Ward 3, 

piecinct _. 330, Peter F. Tague; 329, Peter F. Tague* 328 Peter F Tne-np* 

Tague; 334, not counted ’ ’ 

Ml. O Connell. A sticker without a cross. 
tr Tague; 337, not counted. 

\ ^ ^ sticker with a cross against the sticker, 

quo ■ Tague ; 340, Tague ; 339, Tague ; 344, Tague ; 343, Tague * 

3 lague, 34 1 Tague; 346 Tague; 345 Tague. The seal on that is intact’ 
io'r rS’ 430, Tague ; 429, Tague ; 428, Tague ; 427, Tague ; 

uo^me^^^ ’ Tague; 423, Tague; 422, Tague; 421, Tague; 42o’ 

Ml. O Connell. Peter F. Tague written in, not crossed 
x\. 419, not counted. 

Mr. O’CoNNi^L. Peter F. Tague, Boston, written in and crossed, under desig¬ 
nation of senator. ^ 

11 .T'^fy® ’ 417, Tague; 416, Tague; 415, Tague; 414, Tague; 413, Tague* 
41“’ 4_ague; 411, Tague; 408, Tague; 409, not counted. ’ 

Mr. O’Connell. Peter F. Tague sticker without a cross 
A. 410, no vote. 

ciUor ^ ^ sticker witliout a cross against it under the term coun- 

A. This seal also is intact. Precinct 4, ward 3. Exhibit 630, Tague; 626, not 

Mr. O’Connell. A sticker for Tague not marked. 

A. 627, Tague; 628, Tague; 629, Tague; 625, not counted. 

Mr. O’Connell. Peter F. Tague, of Boston, written in, and no cross. 

A. 624, Tague; 623, not counted. 

Mr. O’Connell. A sticker without a cross and sticker loose. 

A. 622, Tague; 621, not counted. 

Mr. O’Connell. A sticker for Tague without a cross. 

A. 620, Tague; 619, not counted. 

Mr. O’Connell. A sticker for Tague without a cross. 

A. 618, Tague; 617, Tague; 616, Tague; 615, not counted. 

Mr. O’Connell. A sticker for Tague without a cross. 

A. 614, Tague; 613, Tague; 612, Tague; 611, not marked. 
iNIr. O’Connell. A sticker for Tague without a cross. 

A. 607, Tague; 608, Tague; 609, Tague; 610, Tague. This seal also intact. 
Ward 3, precinct 5 ; 681, Tague; 680, Tague ; 679, Tague; 678, Tague ; 677, Tague; 
676, Tague; 675, not counted. 

Mr. O’Connell. A sticker for Tague without a cross. 

A. 674, not counted. 

Mr. O’Connell. A sticker for Tague with a cross on part of the sticker. 

A. 673, Tague 672, .John F. Fitzgerald, 

Mr. O’Connell. AVith the cross obliterated. 

A. 671, Tague; 670, not counted. 

]Mr. O’Connell. A sticker for Tague not marked. 

A. 669, Tague; 668, Tague ; 667, Tague ; 666, Tague ; 665, not counted. 

Mr. O’Connell. A sticker for Tague; no cross. 

A. 664, Tague ; 663, Tague; 662, Tagme; 660, Tague; 659, Tague; 657, Tague; 
656, not counted. 

Mr. O’Connell. A sticker for Tague not crossed. 

A. 655, Tague; 653, Tague; 652, not counted. 

Mr. O’Connell. Sticker torn across. 

A. 651, not counted. 


206 


TAGUE VS. EITZGEKAED. 


JMr. O’CoNNEr.L. A sticker for Tague not crossed. 

A. G50, not counted. 

Mr. O’Connell. The \vf)rd Tague written in after the word Congressman 

A. 649, Tague: 648, Tague; 647, not counted. 

Mr. O’Connell. A sticker for Tague not crossed. 

A. 646, Tague; 645, Tague; 644, Tague; 643. Tague; 642, Tague; 641, not 
counted. 

Mr. O’Connell. Peter F. Tague, of Boston, with a cross against it written 
under councillor’s designation. 

A. 640, Tague ; 639, Tague ; 638, Tague ; 637, Tague ; 636, Tague ; 635, Tague; 
631, Tague; 632, Tague; 633, Tague; 634, not counted. 

Mr. O’CoNNEi.L. A sticker for Tague not counted and not crossed. 

A. 658, Tague; 651, Tague; 654, no vote. 

INIr. O’Connell. A sticker for Tague and cross opposite sticker. On 661 the 
sticker is very loose. 

A. Observe that the seals on this box are intact. Ward 3, precinct 6. Ex¬ 
hibit, 1003, Tague; 969, not counted. 

Mr. O’Connell. A sticker for Tague with a cross opposite under councillor. 

A. 978, Fitzgerald. 

Mr. O’Connell. Wifn the cross obliterated. 

A. 962, Tague; 1000, Tague; 1(X)1, Tague; 1002, Tague; 1004, no vote. 

Mr. O’Connell. A sticker for Tague crossed and also a cross of a different 
kind for Fitzgerald. 

A. 1005, Tague; 1006, Tague; 993, Tague; 994, Tague; 995, Tague; 996, 
Tague; 997, Tague; 980, not counted. 

Mr. O’Connell. Sticker for Tague not crossed. 

A. 985, Tague; 986, not counted. 

Mr. O’Connell. Peter F. Tague written down at bottom of ballot and crossed 
and not counted. 

Mr. Mancovitz. Under the designation, “ Registrar of probate.” 

A. 987, Tague; 988, Tague; 989, Tague; 990, Tague; 991, Tague; 992, Tague; 
973, Tague; 974, Tague; 975, Tague; 976, Tague; 977, Fitzgerald. 

Mr. O’Connell. Cross against Fitzgerald badly obliterated. 

Mr, Brogna. I object. It is not a description of the ballot. 

Notary Berman. Let it stand, together with the objection. 

A. 979, not counted. 

Mr. O’Connell. Peter F. Tague, Boston, written in and two crosses. 

A. 980, Tague; 981, Tague; 982, Tague; 983, Tague; 963, Tague; 964, Tague; 
965, no vote, 

Mr. O’Connell. A sticker for Tague crossed and cross against Fletcher. 

A. 969, Tague; 970, Tague; 971, Tague; 972, Tague; 959, Tague; 960, Tague; 
961, Tague. 

Mr. O’Connell. I would like to have Mr. Murphy sworn. 

Notary Berman. Will you take your hat off? 

Mr. Murphy. I want to make a statement. When I get my subpoena, accord¬ 
ing to the statutes, section 114, I have five days in which to answer it and 
under oath Congressman Peter F. Tague made certain statements reflecting on 
my character as a member of the Boston election commission and until such 
time as I have a chance or opportunity to read the testimony of Mr. Tague I 
do not propose to answer the subpoena until such time as the law requires me. 
I will be ready to answer any questions five days after the summons is issued. 

Notary Berman. Are you aware of the fact, Mr. Murphy, that on behalf of 
himself and his colleagues Mr. Finigan accepted service of the subpoena? 

Mr. Brogna. Mr. Finigan had no authority to accept service for his colleagues. 

Mr. Murphy. I will say, the Revised Statutes of the United States, section 
114, requires that service of subpoena—that each witness shall be duly served 
with a subpoena by a copy thereof delivered to him or left at his usual place 
of abode at least five days before the attendance of the witness is required. 
I will answer no summons and answer no questions until that time. 

Mr. Harrington. Let me make this suggestion. I think Mr. Commissioner 
has a right to come here at any time and I also think he has a right to read 
that testimony. 

Notary Berman. I will say this; Mr. Murphy may appear before these hear¬ 
ings at any time and I will see that he is properly sworn and put on the wit¬ 
ness stand and allowed to make any statement. 

Mr. Brogna. I want to add that Mr. Murphy does not have to appear unless 
he is properly summoned and the summons left at his last known place of 
abode. 


TAGUE VS. FITZGEKALD. 


207 


Mr. Harrington. After testifying all day, it is a little late to object 
Mr. Brogna. He has not testified all day. 

Let us straighten this out. Mr. Murphy, you have been act- 
trfihWf ^ commissioner this afternoon and have done the best you could in 

and hovv numbers of the exhibits 

^ exhibits were marked. That is true, isn’t it*^ 

rea/the eSt hlm!"'®“’ tired, ' I told him I would 

^votary Berman. Will you proceed‘d 

1139, noJ'mndel’ Tague; 1134, Tague; 1140, Tague; 

Mr. O’Connell. A sticker without a cross. 

"^‘'^tie; 1142, Tague; 1141, not counted. 

A. 1144, Tague; 1145, Tague; 1146, Tague; 1147, Tague: 1148 Tague 1154 
^ountei. ’ Tague; 1150, Tague; n49, not 

Mr. O’Connell. Peter F. Tague written in. No cross 

Tatuefl'm Tagiie.^^^’ 

included in the record that the only thing 
done bj. eithei Commissioner Finigan or Commissioner Murphy during the day’s 
hearing was to read oft the number of the exhibits and foi whom counted and 
anything else taken by the stenographers was comments and conclusions and 
not any statement made by either of the commissioners. 

l^Tnat is the use of discussing this? The testimony may 

FUzgeSd mayTe noted"'™" 

against Mr. Brogna’s statement 
wn« y Commissioner Finigan on the stand and also Commissioner 

Wasseiman and both of them testified, or at least Commissioner Wassernian 
M?"w", "" ^ y Commissioner Finigan to the vault this morning and that 

summoned; that he 
— 5ack to the 

at Um^FetfeS'Buildi'ng.''""''"’® ““’-"‘"g 


Commonwealth of Massachusetts, Suffolk, ss: 

^ I, stenographer, appointed by Abraham C. Berman to take and reduce to writ- 
ing the testimony of the witnesses in the contested election of Peter F Taaue 

‘’"'y *>y the notary, do' hereby 

make attidayit that I liave truly and correctly recorded and transcribed the 
evidence of the above witnesses within this book. 

T> nr Gertrude S. Cole. 

Boston, Mass., 1/rr// 5, 1919. 

Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of their knowledge and belief. 

Abraham C. Berman. 

Commonwealth of Massachusetts, Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 78 pages 
together with the notice of content and answer, is a true and correct copy of the 
testimony taken before me, under oath, in the contested election of Peter F 
Tague, V .Tohn F. Fitzgerald beginning February 19, 1919; exhibits herein 
referred to are marked as described and made part of this record. 

Abraham C. Berman, 

T> Notary Public. 

Boston, Mass., May 5, 1919. 


Mrs. JOHN CUNEO. 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Emma Cuneo. 

Q. Where do you live?—A. 1072 Bennington Street, Orient Heights 
Q. East Boston?—A. Yes, sir; East Boston. 


208 


TAGUE VS. FITZGERALD. 


Q. Yon are the wife of Jolin Cuiieo?—A. Yes, sir. 

Q. Have you any children?—A. Two. 

Q. How old are they?—A. One is 15, the girl, and the little hoy is 6 vears on 
next month. . 

Q. Do they go to school?—A. Yes, sir. 

Q. Where does the little girl go?—A. She goes to the Girls’ Trade School, on 
Massachusetts Avenue, and the little boy goes to the Blackington School. 

Q. Where is the Blackington School?—A. Orient Heights 

Q. In East Boston?—A. Yes, sir. 

Q. Over near where you live?—A. Yes, sir. 

Q. What is your husband’s business?—A. Works as saloon clerk. 

Q. What saloon?—A. F. Cosolito, North W5ashington Street. 

Q. Corner of Washington and Causeway Street?—A. Yes, sir. 

Q. That s over in Ward 5, and how long have you been living at vour present 
address?—A. I believe, over 20 years. 

Q. How old is your husband?—A. I think 44 or 45 | I’m not sure. 

Q. And he lives with you, of course?—A. Yes, sir. 

Q. And has lived with you there during all the time that vou have lived on 
Bennington Street, East Boston?—A. Yes, sir. 

Q. Do you know wiiere your husband votes?—A. No, sir: I don’t I think he 
votes in North Bennet Street. 

Q. North Bennet Street; that’s Ward 5 at the North End?—A. I don’t know 
what ward it is. 

Mr. O’Connell. That’s all. 

Cross-examination by Mr. Brogna : 

Q, Mrs. Cuneo, have you ever gone with your husband at anv time wiien he 
has gone in to vote?—A. Have I ever gone with him? 

Q. Yes.—A. No, sir. 

XT ^^on’t know’ of your owm kiiowiedge wiiether your husband voted 

on North Bennet Street or elsewiiere, do you?—A. I know he staved out about a 
week or tw’O around the registration. 

Q. Wiiat do you mean by that?—A. Stayed out about a week or so without 
coming home. iiuvu. 

Q. When did he do that? A. Well, at the time of registration 

Q. Wiien w’as that?—A. I don’t know’. 

Q. Is it customary for him to be at home around April 1*?—A Be at home 
around April 1? ^ . ai nome 

Q. l^es.—A. Sometimes. 

Q. Now’, do you know’, Mrs. Cuneo, of your ow’ii know’ledge, wiiere vour hus¬ 
band votes, or w’hat- A. No; I don’t. 

Q. Somebody else told you?—A. No; I don’t. 

Mr. Brogna. That’s all. 


Q. 

Q. 

Q. 

Q. 


ABRAHAIM PINKELSTEIN, sworn : February 26, 1919. 

Direct examination by Mr. O’Connell: 

Q. What is your name, Mr. Finkelstein?—A. Abraham Finkelstein 
Q. How’ old are you, Mr. Finkelstein?—A. Thirty-six. 

Q. Where do you live?—A. 77 Savin Street, Rox'bury. 

That’s in W^ard 16?—A. I couldn’t tell you w’hat ward it is in 
But it is in Roxbury?—A. Yes, sir. 

And 3 or 4 miles aw’ay from Ward 5?—A. Oh, believe so 
Streef^^^^ from?—A. Dow’ii at a lodging house, 75 Causeway 

Q. And why do you vote from a lodging house. 75 Causew’av Street‘s_A I 

have always voted in the W^est End all my life. I don’t suppose that’s anv 
hmderance. any 

Q. How did you happen to do it that way?—A. The people ask me to vote 
there, and put your name on the list; something like that lo vote 

_ Q. By “ people ” you mean whom?—A. W^ell half a dozen in particular 
it comes certain times, they ask you if you are still going to vote • thev 
take care of you. > ^ 

Q. WTio are they?—A. I don’t believe I know’ any of them by name to call 
them by name. ' ‘imc, lu 

Q. Members of the Hendricks Club?—A. I suppose they are 

Q. They took care of you that wmy?—A. Yes, sir. 


When 

simply 



TAGUE vs. FITZGERALD. 


209 

A.^Wn"j"a’rf with youi- „>otl,er 10 yea.-s?- 

tliis time?—A. Yes'*'then^^ 

^ Mr’mV”"”"'*"® I'othen,"^ about ft '‘‘® P"‘ 

3li. O Connell. That’s all. n. 

Cross-examination by Mr. Brogn\- 

Q.' S’i™ iorfv4fFinkelstei„?-A. Teamster. 

orany otheGilace, thely orfmM'-’vff'ofMi'oCfT^^ 

that IM be taken care ofllfwn in'thfwSt EnV^' ' “= »» = 

I "f % -rk nights, 

a --’X this mornin,. I ,et 

sleep?— A. Well—Aptll last year, where (lid you get a couple of hours’ 

where'\'oVon‘’coim?dfi%mufwftlnrfes : 

Causeway Street. ^ ® lesidence to be, Mr. J’inkelstein ?—A. 75 

I belfevf l'eve“ed’ftmf° }"T*?T ™«"« i-esi(lence?-A. 

Q. Have you got the summons with you?—A. No. 

Q. Han(i0(j you ut Rny tiuiG*^ \ T thinv i4- ' i i i 

was in bed at the time. " • - • I think it was handed to my mother. I 

(j: foudZ-t toke‘‘th7sunm?ofs^‘^^^^ 

• th&^TroHn^dTdlS^^^^ ^ asked thrSk!ffor man where 

Q. You asked the elevator man?—^A. Why, yes. 

C* Have you talked with anvone p 1 «!p Lt voo-ai-ri • 

ceived your summons?—A. I believe I asked Tolm T 'i* since you re- 
wante,! to get a little idea who brought me if^to it " me. I 

3Ir. Berman. John I? 

The Witness Mr. Fitzgerald. He’s the only man I spoke to 

vo[fng"f;Lidetrof'cL‘’“fa/”stri;" Sfff J'-' 

Q. Not a soul?—^A. No; not a soul. 

Mr. Brogna. That’s all. 

Redirect examination by Mr. O’Connell ; ' 

C>. This John I. you refer to is Fitzgerald?—A. Fitzgerald 

(,. And he is the one that said he would take care of you’—A T simnlv n<aLo i 
him wlien I came in. ^ • a. i simply asked 

9' ’ ^ iiiean in reference to placing your name?—A. No 

fnvi’ do they give you a list and tell you who to votp 

^ t do that. They give you some circulars ^ ^ 

cofrsr’"-" You use your own .iudgment, of 

MARGARET A. -McKIN.XON, recalled. Abraham Finkelstein. 

Redirect examination by Mr. O’Connell : 

Q. You testified yesterday?—A. Yes, sir. 

Q. And did you have any conversation with Mr. Fitzgerald here anv fimp 
lui’ing this hearing?—A. I asked Mr. Callahan—I got here early and torn 
him I had got to go to court and I couldn’t wait. It was then 10 oMtock and 
122575—19-14 




210 


TAGUE VS. FITZGERALD. 


the siiiniiions said 9.30; and I told him I knew nothing about Mr. Tague’s or 
Mr. Fitzgei-ald’s election, and I didn’t see why I was summonsed. He said, 
“ Well, you go to court if you want to, and come back if you want, and don’t 
come back if don’t want to.” 

Mr. O'Connell. That’s all. 

Kecross examination by Mr. Bkogna : 

Q. Where did you have that conversation?—A. Right out there, outside that 
door. 

Q. Anyone else present?—A. Two men. 

Q. Did they hear it?—A. I don’t think so. 

Q. You approached him—he didn’t approach you?—A. No; I approached 
him. 

Q. You told him you had some important business elsewhere?—A. Yes. 

Mr. O’Connell. How did you happen to tell me this story in regard- 

The Witness. Because I wanted my two days’ witness fees. I spent two 
days here. 

Mr. O’Connell. Y^ou don’t know me? 

The Witness. I never saw you before in my life. 

By Mr. Mancovitz : 

Q. You said Mr. Callahan said you had to be in court?—A. He asked me 
when I got this summons. I am a social worker. 

Mr. Haerington. I object. 

Mr. Mancovitz. Do you object? 

Mr. Harrington. No ; I withdraw my objection. 

Q. You came here with a summons?—A. Yes, sir. 

Q. You found people in the room?—A. Not anyone, 

Q. What time did you get here?—A. I got here at half past 9. 

Q. And waited until 10 o’clock?—A. About 10. 

Q. And Mr. Callahan was standing outside?—A. Yes' sir. 

Q. And he asked you what you wanted?—A. Y^es, sir. 

Q. AVhat did he ask you?—A. He asked me if I got a summons. He said, 
“When did you get it—Friday?” I said, “Friday.” He said, “Friday, Sat¬ 
urday. Sunday, Monday,” he said, “ they should have given you five days!” 

Q. If he told you the truth, that you should receive notice of five days and 
you had not received legal notice, you would not have to come here to testify. 
I’ou told him you got the summons Friday?—A. Yes, sir. 

Q. So there was Friday, Saturday, Sunday, and Monday?—A. Yes; and he 
said I should have five days’ notice. He also told me 1 needn't come back 
if I didn’t want to. * 

Q. Pardon me. Y^oii told him you had only received four days notice, 
and he told you the law said five days?—A. Yes, sir. 

Q. That being the case, he said you needn’t come back if you wmnted to go 
anywhere else?—A. No; he said, “Come back if you want to.’’ 

Q. He told you not to come back if you didn’t want to. He didn’t advise 
you to come back?—A. No, sir. 

Mr. Mancovitz. That’s all. 

Mr. Berman. We will adjourn until 2 o’clock sharp. 

PATRICK H. PORTER, sworn : 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Patrick H. Porter. 

Q. Where do you live?—A. 1023 Massachusetts Avenue, Cambridge. 

Q. And Cambridge is a city outside of Boston?—A. Yes. 

Q. And your business?—A. Janitor. 

Q. And how long have you lived in Cambridge?—A. Ten years. 

Q. And your son Richard Porter lives there with you?—A. Y"es. 

Q. What is his business?—A. He is a moulder and a core maker. 

Q. How old is your son Richard?—A. About 28. 

Q. Is he married?—A. No, sir. 

Q. You live there in Cambridge with your family and wife—other chil¬ 
dren?—A. With my children; my wife is dead. 

Q. Excuse me; with just your children? He is one of your children’?_ 

A. Yes. 

Q. Do you know where your son Richard votes?—A. No, sir. 




TAGUE VS. FITZGERALD. 


211 


<i .-.it S'.r.;“s sjs^, 

^ Cross-examination by Mr. Callahan : 

time if he^^choosls?—A He nrSSlfr-on?^ ^ 

lie comes home once in a while w'’ of years, except 

Q. Wasn’t living tl,Ap'-Cv-A 

he Cas.'*' H.at, vas he?-A. Yes; I think 

Q. You think he was?—A. I think so. 

year ;\:nl toeTln-ee times In the last 

orSnkiS"; iSi r- ---- - 

tather; is that so?—A Ye^ toiuth ot July he comes back to see his 

Q. And he has been away most of the time?—A. Yes. 

■ Redirect examination by Mr. O’Connell : 

Q. Your son is ti brass moulder at Bath, Me.?—A Yes* and core mnl-^r 

A.".ssiv :.r:i ss,? ,K-n.s «t. :™ rH“- 

(i W?H. h”" Me.?—A. Two rears. 

n works down there?—A. Yes, sir. 

S' , know if your son ever voted in ward <S or wiru ?;•> \ t i 

either one, so far as I know ' ’ ' ^ ‘ ^ ^ 

£5v£Sf £“"!=— 

>v„.. 

Bo?tom"^He^n:::;: l-T\„‘‘Bo'*sn^ -te ,n 

By Mr. Callahan ; 

a ?.™sr;s£rirr.Jiu^ "■ •»"» 

Q. And before your son was born?—A. Yes sir 
Mr. Callahan. That is all. 

Commonwealth of Massachusetts, Siitfolk , sx ; 

I, stenograplier, appointed by Al>raliani C. Berman to take and rednee to 
Wilting the testimony of the witnesses in the contested election of Peter F 
Tague V .John F. Fitegerald, having Hrst been dnly sworn by ?L notary 
do hereby make affidavit that I liave truly and correctly reeo^rded S 
tiansciibed the evidence of tile above witnesses witln'n tliis book. 


Boston, IMass., May 5, 1919. 


Nancy H. Haeris- 


Personally appeared above Nancy H. Harris and made oath that statement 
signed was true to the best of their knowledge and belief. !=>rarenient 

Commonwealth of Massachusetts, t^uffolk, ss: ^^^RAham C. Berman. 

I hereby certify that the foregoing in this volume, containing about l‘> 
pages, together with the notice of contest and answer, is a true and correct 
tlif' t^^stimony taken before me, uiidGr oath, in the contested election 
of letei P. Tague v. John P. Fitzgerald, beginning Februarv 19, 19]9 Exhibits 
herein referred to are marked as described and made part of this record. 

Abraham C. Berman, 

Boston, Mass., May 5, 1919. • Puhlic. 


212 


TAGUE VS. FITZGEKALD. 


WILLIAM A. MURRAY. "" 

Direct examinatiou by Mr. O’Connell: 

Q. Your name is William A. Murray?—A. Yes, sir. 

Q. \\ here do you live?—^A. 340 Saratoga Street. 

Q. You are a voter in East Boston?—A. Yes, sir. 

g. And you were interested in Mr. Tague’s campaign?—A. Yes, sir. 

Q. And had your named signed to his literature?—A. Yes, sir. 
g. And you were interested in seeing him win?—A. Very much, 
g. Diiecting your attention to the day after election, did you on November G 
meet Capt. Edward Gray, who was on the stand the other day?—A. I saw him 
in Maverick Square. 

g. Yes; who was with him?—A. Representative Ahearn and two or three 
other gentlemen. 

(}. And how near were you standing to them?—A. About from here [indi¬ 
cating] to that chair there [indicating], 
g. That would be about 4 or 5 feet away? 

Mr. Callahan. No; that’s G feet. 

A. About the width of the sidewalk; they were on the corner of the curb¬ 
stone— 

Mr. Callahan. No ; give it in feet. 

A. About 4 feet. 

g. Yes; from there [indicating] to there [indicating]. What were thev 
doing?—A. Talking amongst themselves. 

g. What did you notice particularly ?—A. AVhy, I just noticed they were 
talking there at the time. They apparently started to leave each other, and 
t ley stepped oft the curbstone and Capt. Gray slapped Bill Ahearn on the back 
and said, “ You did great work.” And Ahearn says, “ Thank you. Captain; 
and, by the way,” he says, “ here’s some of it now,” and passes him stickers • 
and he turned around and saw me. ’ ” Hello, Bill,” he says, “ here’s what 
licked your man.” 

H what licked your man ”?—A. He gave him two of them» 

g. What? A. Stickers like those we were using, somewhat ditferent. 

Hv you Exhibit 10, is that one of the stickers he handed to vou*^— 

A. les ; he gave me two of these. 

g. AA hat did you say when he handed them to you?—A. I said “Thanks 
Bill; that’s very good evidence.” He says, “ Give me them back.” I’says “ Oh’ 
no. AVhen he passed them to Capt. Gray, I noticed he gave him a handful’ 
and some dropped on the street, and I walked out on to the street and picked 
them up and looked at them. I probably picked up eight or nine on the street 
that dropped oft' the bunch given to Capt. Gray. 

tM when he asked you for them?—A. “You give back the 

g. AVhat did you say?—A. I said, “Oh, 
g. AVhat answer did he make then?—A. 
like that. 

g. What did you say?—A. “No.” 

g. And you kept them, did you ?—A. Yes, sir. 

g. AVhat did you do with them?—A. I turned them over to Mr. Tague the 
next day and asked him if he realized what they were putting over on him 
a counterfeit sticker without any glue and smaller printing. 
il You were interested in the Tague tight?—A. Very much, 
g. Did you see any stickers given out by the Tague people that looked any¬ 
thing like that [indicating]?—A. Never saw one until that night. 

g. Showing you Exhibit 9, whether or not that was the kind of sticker given 
out by the Tague people?—A. Yes. sir. ^ 

g. Exhibit 9 differs from that because there is no gum on the back'i'_A The 

printing is all big, and there is no gum on that, and no space to mark the cross 
g. Have you told us all that took place at that time?—A. I believe so. I 
was talking with the fellow at the tire house across the street. I met him 
and gave him some Tague stickers a couple of weeks before that, and I says 
Look at this. 

g. AAho is Representative Ahearn?—A. Representative of ward 2 East 

g. AAliat part did he take in the Tague-Fitzgerald contest?—A. AA'hat part 
did he take in it? . ^ 

g. Yes.—A. A^ery active for INIr. Fitzgerald; stumped around the district. 


no; they are very good evidence.” 
“ Oh, be a good fellow,” something 



TAGUE VS. FITZGERALD. 


213 


I don’t know liow liroiiih!ent™^e**’*^*' Boston?—^A. Why 

fellow. ' lonunent. He was elected to the honse two years, a young 

spoke for him. ‘ " ' ^ ^ t know as he presided; he 

oandldae,v?_A. Very n.uch. 
Cross-examination by Mr. Callahan : 

Boston.""''’ do you Iive?-A. 840 Saratojra Street, East 

n Thirty-four. 

Q. M hat’s that?-A. Thirty-four. 

(i Avi^r'^v!? work?—A. I’m not working just now 
A. No. sir; never wo^keffo^Mr^^S^^ Mr. Tague?- 

q; Hr'io.:™c;i';;\r rrk 

Q. Where is Mr. Dooley’s place of In,siwS-. ; 1 ^/^’' “I 

Q. What did yon do for jfr. Do^Ly^^'iii^^i-^rtlf.fLondo^h.s bnsiness. 

O Whoroo*’ ’*'^*"*'5 undertaker?—A. No, sir. 

A.^-oiri^^r;!”^5;^t^^SeXkrnti^^‘"”' ..ndertake..?- 

n duties?—A. Just assisted him 

Q. By that ,von mean you woi-ked there regularly’'—A Yes sir 

1 Every day?-A. We wouldn’t work eveiw day ’ 

Q. Every night?-A. We wouldn’t work every d^y. 
n the job every day?—A. Yes sir 

ueS' caLrin ^ d«y?-A. Yes, sir; is husi- 

Mein'wok’VlTn^M^^^ »>•««: is that what you mean? 

Q. No; I mean, if necessary, you stayed there?—A. On his call- ves 
Do^le??-Y #e":"“Z you wer:%rorki.?g tor Mr. 

Q. Working there every day?—A. I told you before. 

Q. Answer again. Worked there every dav?—A Yes sir 
muih "" interested in the fight for Mr. Tague for Congress ?-A. Very 

Q. Did that inte^i-fere with your work as an undertaker?—A. No sir 
Q. lou signed all the literature sent out by Mr. Tague, didn’t you?—A. Yes, 

Q. And did you take charge of that printing vourself’i’—4 What do ’t-nn 
inean—brought in to the printers’ . - ^ 

prfotfogT no^""^ P^-”^ting?-A. I didn’t arrange for the 

Q. Your sigiiature was simply signed to it, that’s all?—A. I helped Mr Kano 
<nnd I prepared it, and I signed it. nt^ipeu ivir. jxane, 

_Q. I understand all the stuff that went out over your signature was either 
piepaied by you or helped prepared; that’s so?—A. Yes, sir. 

pa?e?—A.^Yesrsir^"^”"^" newsiWpers you helped pre- 

Q. You helped prepare it in the engine station?—A No sir 
Q. Where?—A Tague headquarters, 18 Tremoiit Street, with Mr. Kane 
Q. Tague headquarters?—A. Yes, sir. 

Q. It took a great deal of time to get it out, particularly the ads in the 
newsspapers?—A. Took some of it. ‘ ^ 

Q. Take much of your time?—A. Took some of it 

of ho^r^'a y®'”' '>a“e?-A. Oh, no; probably a couple 

Q. Couple of hours a day. So you reported a couple of hours a dav to 
Mr. Tague s headquarters? For how long did you do that?—A. During-' the 
entire campaign. ^ 

Q. And how long was that—several months?—A. Yes. 


TAGUE VS. FITZGEKALD. 


214 

( I 

Q. This was two hours a day; and you gave every night to the campaign, 
would you?—A. Mostly. 

Q. Were you very much interested in Mr. Tague’s campaign?—A. Very 
much. ’ 

Q. And you worked for him in East Boston, didn’t you, where you live?— 
A. What do you mean by working? 

Q. Don’t you know what I mean? Did you do any actual work soliciting- 

A. Asked for votes; yes. 

Q. And went to the polls for him?—A. Yes, sir. 

Q. At election down at the polls?—A. Yes, sir. 

Q. All day?—A, Most all day. 

Q. What ward?—A. Precinct 5, ward 2. 

Q. Isn’t that where Mr. Ahearn was active that day?—A. No, sir. 

Q. What precinct was he at that day?—A. What they call the lirst, the second,, 
over the tracks, 

Q. You were at precinct 5 ward 2 all that day?—A. I didn’t say all that day. 

Q. What part of the day did you work there?—A. Most of the day. 

Q. Most of the day?—A. Got there about 10 minutes of 6 in the morning. I 
went off about 10 o’clock and had something to eat, went to dinner at 1, then 
came back in the afternoon. 

Q. Except for lunch, you were there all day?—A. Yes, sir. 

Q. You saw the Fitzgerald workers there that day?—A. I believe there was 
some there. 

Q. Didn’t you know there were some there?—A. They wern’t advertising 
themselves very strong. 

Q. I understood you just told Mr. O’Connell in your direct examination that 
when you say Mr. Ahearn and Capt. Gray talking together, and that imme¬ 
diately after you secured one of those pasters-A. Two of them. 

Q. That that was the first time you ever saw them?—A. Them pasters; yes, 
sir. 

Q. You didn’t see anybody using them at the polls, did you?—A. No, sir; I 
should say not. 

Q. Now, sir, you thought it was very important to get one of those pasters,, 
didn’t you?—A. I sure did. 

Q. And you sort of nosed around until you did get a couple?—A. What? 

Q. You sort of nosed around until you got a couple of these pasters?—A. No,, 
sir. 

Q. You stood where you could listen all the time?—A. No, sir. 

Q. Didn’t you have your ear near them?—A, No, sir. 

Q. How far were you away from them?—A. Four feet, 

Q. As far as this?—A. You moved away. 

Q. How far do you call this?—A. About 6 feet. 

Q. You were 6 feet away from them?—A, I was, 

Q, Yes. They weren’t talking to you?—A. No, sir. 

Q. They didn’t show any desire to talk to you, did they?—A. Not at that 
time. 

Q. You didn’t want to talk with them, did you, particularly?—A. Nothing to 
talk about, 

Q. But you listened?—A. No, sir; I told you no. 

Q. You heard what they said?—A. No, sir; not at that time. 

Q. Didn’t you hear what they said?—A. I heard Gray when he stepped from 
the curbstone, he raised his voice, and said, “You did good work. Bill.” 

Q. And Bill said, “Thank you,” that’s so?—A. Yes, sir. 

Q. And then Bill showed him a couple of these stickers?—A. Showed him a 
good handful and said, “ By the way. Captain, here's some of them.” 

Q. And then you took some of them?—A. No. 

Q. You got some of them?—A. He turned around to me and says, “Hello, 
Bill,” he was surprised when he saw me, and he says, “This is how' your man 
was licked,” Then gave me two stickers, 

Q. And gave you two stickers?—A. Yes, sir. And I picked up some more that, 
were dropped. 

Q. And then he wanted them back?—A. The two he gave me. 

Q. And you said, “No; that’s very good evidence?”—A. Exactly. 

Q. That was very good evidence, and you though it good evidence, didn’t 
you?—A. I thought so, coming from where it did. 




TAGUE VS. FITZGEEALD. 


215 


I turned them over 
eight. 


+ didn’t keep any of those stickers jmurself?—A 

to Mr. Tagme. 

Q. Hmv many did you turn over to Mr. Tague?—A. Seven oi 
Wdien did you turn them over?—A. The next day. 

C^). M here did you turn them over?—A. Tague headquarters. 

At what time?—A. Ten or 11 o’clock. 

Q. How many did you give Mr. Tague?—A. I told you seven or eight. 

what.kind of a sticker it was?—A. 
1 he sticker had the name Peter F. Tague for Congress on it. 

f plain piece of white paper, absolutely no glue on the back 

ot It; the printing was very much smaller than we had on ours; no capital 
letters at all. 

^ ^curious enough to keep any of those stickers for vour- 
^^it. A. Curious enough to keep them for yourself? 

Q. Didn’t you want to show them to somebody beside the Congressman?—A. I 
Showed them to somebody that night. 

Q. You thought the Congressman should have them all?—A. Yes, sir. 

Q. You gave him all of them?—A. Yes, sir; certainly. 

Q. Never kept one for yourself?—A. No. 

Q. IVhere was this talk?—A. Corner of Maverick Street and INIaverick Square 
(,>. At what time was it?—A. 11 o’clock, I think. 


Q. M hat night was it?—A. The night following election. 


Mr. Callahan 
Mr. O’Connell 


That’s all. 
That’s all 


EDWARD J. O’BRIEN 


William A. Murray. 


Direct examination by Mr. O’Connell : 

Q. What is your full name, Mr. O’Brien?—A. Edward J. O’Brien. 

Q. MTiere do you live?—A. 160 Falcon Street, East Boston. 

Q. You are a fireman connected with the Protective Department of the City of 
Boston?—A. Yes, sir. 

Q. Do you know the last witness, Mr. Murray?—A. Yes, sir. 

Q. Do you recall two days before election meeting him?—A. Not two days; I 
seen him the night after election day. 

Q. IVhen did you meet him?—A. The night right after election. 

Q. What time?—A. I should say between quarter of 11 and quarter past 11. 

Q. Where did you meet him?—A. Right at the First National Bank, over at 
the corner of Ylaverick and Meridian, practically Maverick Square. 

Q. AVhat did he say to you?—A. “Well.” he says, “our men wan’t elected.” 
I says, “ l>s.” He says, “ Here’s some stickers.” I says, “ Those ain’t Peter’s 
stickers ; come on down to the quarters. I’ve got some stickers. They don’t look 
like those at all.” We went down to quarters, just two weeks before election 
day. Mr. Murray had some stickers and gave me 200, and I had about a hun¬ 
dred left. I got the package and the envelope, and I came down and we looked 
over the stickers, and Mr. Ylurray’s had little smaller print, no gum on the back, 
and Mr. Tague’s were bigger print and gum on them, everyone I had in the 
package. 

Q. AVere the stickers he showed you—I will show you Exhibit 10; would you 
say whether or not they were like that [indicating] ?—-A. That’s the sticker 
he had. 

Q. The sticker he had just gotten?—A. Yes, sir. Smaller print, letters, and no 
gum on the back. 

Q. Exhibit 9 was the regular sticker used?—A. That’s the sticker that came 
from Tague headquarters. 

Q. That’s the sticker used by the Tague people?—A. Yes, sir. 

Mr. Callahan. That’s all. 


Cross-examination by Mr. Callahan : 

Q. How long have you been a tireman?—A. In the business a year ago last 
fall; member of the Boston Protective Department; we ain’t called firemen. 

Q. You’re not a real fireman?—A. No, sir. 

Q. AVhere do you work, Mr.-. A. Headquarters, 40 Purchase Street. 

Q. What are the hours of employment?—A. Same as Boston firemen, one day 
off in five, 24 hours a day. outside of meal hours, seven days a week. 

Q. One day off in five, and the other days you worked 24 hours, except when 
you go to meals?—A. Y^es, sir. 



216 


TAGUE VS. riTZGEKALD. 


Q. What hours do you go to meals?—A. An hour and a half. 

Q. Your particular hours?—A. I can not tell you. 

INIight be on the first hour, might be on the second hour, 

might be on the last. 

Q. Don t jou have regular hours each week?—A. No, sir; change around 
every day. 

Q. You change around every day?—A. Yes, sir. 

Q. Let’s take last week, what were the hours for breakfast?—A. My hours for 
breakfast, the last out. 

Q. Ihe last out; what do you mean by that?—A. I was the last out all this 
month and last month. 

Q. What do you mean by the last out?—A. Quarter past 9 until half-past 10. 

H’ quarter past 9 until quarter past 10?—A. Half-past 10 

Q. That s a pretty regular hour.—A. Yes, sir. 

Q. Your hour for dinner, what was that last week?—A. My hour 
had the privilege of taking that any time I wanted it. 

Q. What was your hour for last week?—A. My hour for dinner 
A\as pii\ileged to take from quarter-past 9 in the morning until 


for dinner, I 

last week, I 
9 o’clock at 


was from quarter past 


was 

past 

and 


night. 

Q. For dinner ? A. It didn’t make no difference. 

Q. For dinner?—A. Yes, sir. 

Q. I thought you told me your hour for breakfast 

9 until half past 10.—A. I did, but I told you- 

Q. foil told me a minute ago from quarter past 9 until half 
youi hour lor breakfast.'' A. I told you I had from half past 10 
J until half past 10. I have been out on ball tickets and take m 
breakfast together. 

ij. \ou get an hour for dinner?—A. An hour and a quarter 
Q. All right. For supper an hour?—A. Yes, sir. 

Q What time do you liuve tor suiipei-V—A. Lialde to eat siippei- at 9 o'clock 

Q. You are a i)rivate in that department?—A Yes sir 
captahi'” sli'i i ’Wt'iiiy Imui-.s from the 

g. Well, except for the fact you might he aelliug liall tickets, vou have 
regular hours for your meals?—A. Yes, sir. ’ • i 

Q. How long have you been out on ball tickets?—A. Siiic-e the Otli d-iv 
January. • 

li'i'B .vmi been selling?—A. I have been selling two weeks. 
-Lhe^^ aie behind and we have got to make our account. 

Q. When is that? A. The ball is to-morrow night. AVe've got to make our 
account some time next week. 

Q. Prior to January, when you were not selling tickets, what were voiir 
hours when you were not on meals?—A. I’m in quarters and I might be'sent 

out. I might be the rest of the day, and there might be two davs l\vas not in 
quarters. ■ 

Q. Can you tell us what your hours were on the 5th of November last veMr'>— 
A. ^o, sir; I can not. “ ' ' 

Q. Can you tell us about what time you had supper?—A. No sir - I (“in not 
Q. Can you tell us the last hour you had supper?—A. No, sir'; I can not 

• ^ ^ the station two days, one day 

in East Loston, and one day in Charlestown, and when I’m in East Boston 

or meal hours .lust as it suits me and notify 
take my meal hours any time, 
talked with Mr. Murray where 


and Charlestown I take my lioiii 
headquarters and it’s all right. I 
Q, All right. On this time you 
Boston. 

Q. Wdiere were you stationed? 
partment, I.adder 2. 

(y How long were you there?—A. 
o’clock the following morning. 


- A. East 

A. Paris Street House. Boston Fire De- 
Froni 9 o’clock that morning until 10 


Q. That is, 9 o’clock on the 6th of November until 10 o’clock on the 7th of 

November. A. It was 9 o’clock that morning and until 10 o’clock the follow¬ 
ing morning. 

Q. You were stationed at that house?—A. Yes sir 

Q. Where did you talk with Alurray?—A. I talked with him at Alaverick 
Square and down at quarters. 




TAGUE VS. FITZGERALD. 


217 


-A. I 


foiVi’talked with him at Maverick Square*>- 
to d joi between quarter of 11 and quarter past. -duaie. 

Ther.. Iw*;! I^n®«"t ='t H>-'t Hour?-A. I came l,ack fr„m a run. 

"vmnTis mu oft l‘a^ ^ Court, a 

*0 Do I I'lmler^fniwi* 1 ^ Cto.v bad any insurance. 

rV TJi stand anybody came to your house that night- A No 

firemen tcfserahmif-^.?n^^^^ lieadquarters and asked for one of your 

o 1 so—A. No, sir. Somebody went to Ladder 2. 

No^ ^ir ^ to Ladder 2 and Ladder 2 notified your department?—A. 

Q. How did it come that you went up there ?- 
in East Boston, if there’s a fire- 

I wiii^!-^ there?—A. If yon won’t interrupt me, 


-A. M hen I am at the station 


Q. Mont you go along, young man?—A. I will, I don’t want you to interrupt 
me every time I go to answer. When I am at the station at East Boston, when 
a message comes 111 there that there is a fire, and they come down and want 
a man to mvesngate, and the fire people send me up to the house, no matter 
Inch location it is. If it’s Maverick Street near the fire house, I have to go 
Any one that desires a man to go up there to see about the insurance 

Q. I siqipose your department keeps a record of them?—A No sir- tiiev 
<ion‘t; not of them. 


(J. You mean to tell me if your captain sent vou out——- A Mv captain 
don’t send me out. 

ii, Bleai^e wait before you answer the question. Have you a captain there 
A. Yes, sir. 

Q. He has charge of the hou.se?—A. Yes, sir. 

Q. He has charge of you, don’t he?—A. No, sir. In East Boston I have 
charge in East Boston. 

Q. You have charge in the East Boston district?—A. Yes, sir. 

Q. I understand you go over there without receiving any orders from the 
captain of the house, or a suggestion from the fire department—should a fire be 
reported you would go without consulting your captain and investigate it. Is 
that so?—A. No; I get my orders. We are detailed to go out and cover Charles¬ 
town and East Boston. 

Q. Do I understand, if there are fire investigations to be made, vou make 
them without talking to the captain about it?—A. I certainly do. 

Q. I'ou don’t keep any record of it?—A. No, sir. 

Q. Don’t you make any report to the department?—A. No, sir. If the appa¬ 
ratus goes out of the fire house, we have to. 

Q. You mean to say, if you go out of the fire house, you never make a report?—^ 
A. If the engine goes out of the house, I call up the Boston house and make a 
report. 

Q. AVhat’s the purpose of this investigation if you don’t make a report?_ 

A. If I go up, I go up there to see if she had any damage, if her fire was out 
I only ask if he had any damage, and if he said “ no,” why should I make a re¬ 
port of that if there was no damage. 

Q. I understand. You make a report if it is damaged?—A. Yes, sir. 

Q. IVas there a fire there that night?—A. Yes, sir. 

Q. And the engines came?—A. No, sir. 

Q. Did the chemicals go?—A. No, sir. 

Q. Did the wagon go?—A. No, sir. 

Q. Do you know who brought that report to you?—A. To me? 

Q. Y>s.—A. Didn’t bring it to me. I was on the floor and the man on patrol 
says they want a man to go up to Chelsea Court, and he says, “You go up 
there.” 


Q. AVho was the man who was sent up there to investigate?—A. Fireman 
Godbold, the chief’s son. 

Q. He was a fireman on the Boston fire department?—A. Y^es. sir. 

Q. And did you talk to him that night?—A. M'hen we went up there at the 
house? 

Q. Y^es.—A. Y^es, sir; and came back with him. 

Q. Talk with him at the fire?—A. No fire when we got there. 

Q. Dill you talk with him at the place where the fire was reported‘i'_A 

Yes, sir. 

Q. Met him at the fire?—A. Y^es, sir. 

Q. Came with him from the fire?—A. Yes, sir. 






218 


TAGUE VS. FITZGERALD. 


Q. Came back from the fire with him, did you?—A. Yes, sir. 

Q. And on the way, didn’t meet anybody?—A. No, sir. 

Q. So you didn’t have a talk with this man Murray at that time?—A. Not 
at that time. 

Q. No; all right. When did you have a talk with Murray?—A. Well, I turned 
round and told the man on patrol if anybody wanted me I was going to get 
a cup of coftee. So I started up to O’Toole’s restaurant for a cup of coffee, and 
I met Mr. Murray coming across Maverick Square. 

Q. I understand you left without giving notice to the captain.—A. Just as 
long as he knows where I’m going. 

Q. Who was the man you told that night?—A. I don’t know who was on the 
patrol that night. 

Q. Don’t you remember who was on the fioor that night? 

(Colloquy.) 

Q, Now, sir, you don’t mean to say, sir, you don’t know the man who was on 
the watch there that night?—A. I know the man, but I don’t know, just re¬ 
member which one was on; I know every man in the house there. 

Q. You recall telling this man you were going to get a cup of coffee?—A, I 
recall telling him if Boston called up that I was going up the street to get a 
cup of coffee. 

Q. You don’t know who that man was?—A. No, sir; I can’t just recall him. 

Q. Can you tell us any other person in the ward who saw you talking with 
this man Murray?—A. Not at Maverick Square. 

Q. Anywhere else?'—A. Chief Godl)old’s son at the fire house, Fred. 

Q. He’s not in your station ?—A, No, sir; not in Boston. 

Q. They’re stationed in East Boston and you’re stationed in Boston? You’re 
stationed in East Boston?—A. I was stationed here that day. 

Q. At the regular fire house?—A. At the regular fire house. 

Q. This man’s name is what?—A. Godbold. 

Q. Godbold?—A. Yes, sir. 

Q. Did Godbold see you and Murray together?—A. Yes, sir. 

Q. Did you show the stickers to Godbold?—A. I didn’t. 

Q. Did IMr. Murray show them to him?—A. I'don’t know, sir. 

Q. Godbold is friendly with you?—A. Yes, sir. 

Q. Didn’t he say it was curious this man should come in with you after 11 
o’clock?—A. No, sir. 

Q. Didn’t pay any attention to that?—A. No. sir. Mr. Murray went in until 1 
o’clock. 

Q, You didn’t call attention to anybody this man showed you the stickers?— 
A. No, sir. 

Q. And nobody in there, that is, you can’t remember any person in there 
hearing you and this man talk about the stickers in that station house, can 
you?—A. We brought in? 

Q. Yes.—A. No, sir, 

Q. Any relation of this man INIurray?—A. No, sir; just a friend, 

Q. Where do you live?—A, 160 Falcon Street. 

(}. AVhere do you vote?—A. Up in ward 1. 

(j. You were interested in INIr, Tague's campaign?—A. Yes, sir. 

Q. Very much interested in it?—A. Yes. sir. 

Q. Went out working for'him?—A. No. 

Q. What did you do to show your interest?—A. If I met any of my friends I 
asked them if they were working for Peter. 

Q. Working at the polls?—A. Working at house 1 on that day. 

Where’s that?—A. Forty Purchase Street, our own headquarters. 

Q. When you go to the headquarters of your house in the morning is there 
anything to indicate you are there?—A. No, sir. 

Q. Do you ring a clock?—A. No, sir. 

Q. Do you ring a clock when you leave?—A. No, sir. 

Q, Books are kept?—A. Yes, sir. 

Q. And those books show whether you are there or not?—A. Whenever they 
ring in an alarm of fire. 

Q. And those books will show whether you are there or not?—A, No, sir. 
Those books will not show whether I am there or not, because we- 

Q. We will see whether those books will or not. Young man, von were giving 
out stickers for Tague?—A. No, sir. 


[Adjourned until 2.30.] 


Euwaed J. O’Brien. 



TAGUE VS. FITZGERALD. 


219 


_ February 26, 1919—10.25 p. m. 

\ nn irTClearing will now be resumed. 

(Galling list of witnesses.) 

(Stenographers sworn.) 

DAVID STONE. 

Direct examination by Mr. Harrington: 

Q. Mliat is your name?—A. David Stone. 

(V Ami Barton Street, Boston. 

... ^ contest between Mr. Tague and Mr. 


Q. 

Q. 

Q. 


-A. Yes, sir. 


5, located 


Q. And were yon interested 
Fitzgerald?—A. Yes, sir. 

Q. And were yon at any precincts on election dav’- 
At the primary, rather?—A. Yes, sir. 

What precincts were you in?—A. At precinct 4 and precinct 7. 

\\ here is precinct 4; what ward and where located?—A Ward 
on Lowell Stre_et, corner of Minot. Precinct 7 is on Blossom Street 
tj. In ward 5?—A. Yes, sir. 

down there for any particular purpose to either one 
of tlwse precincts on primary dayV-A. I went down to look at tlie interests of 
^Ii. Tague and sent down with a check list. 

A mean by a check list, to check voters, or some other purpose?— 

A. Check list of voters for the city of Boston. ^ ^ ' 

(}. Sent down there for the purpose of checking lists of names that were 
challenged? A. In the check list some names were to be challenged 
(}. Challenged, that was the purpose you went there?—A. Yes sir 
Q. What happened when you got at the primary? By tiie wav, abiiut what 
time did you get there?—A. Nine o’clock in the morning 

Q. What happened after you got there?—A.. AVhen I arrived tliere I entered 
the booth, I inquired for the warden, and I was showed to him, I handed over a 
sticker to hiin, and he gave me a chair to sit down outside the railing while I 
was asking him the method of challenging and checking and speaking to him • 
my face being turned, two young men came over and grabbed the check list 
away from me and ran away, and I ran after them, and outside I got a police¬ 
man, and he also gave chase, and they went up in an alley in Camliridge Street, 
and I went afterwards to the station and reported it to the cai)tain, and he put 
special officers -Leonard and Boyle on the case. He wanted to know if I would 
push the case later on, and I said I had got to ask the, (’ongressman. I went 
over to Charlestown and met the Congressman at a church located on Main 
Stieet, thej ^\ele having mass for Hon. W^illiam Murray who was being 
bill led on that day. I met him there, told him of the affair, and after being 
told the affair I also told it to Mr, Gibbons, who I knew very well and I wanted 
to get his advice. That’s about all that happened on that (lay. 

Q. Did you go then and testify befoi*e the Ballot Law Connnission?—A. Yes, 


sir. 

c>. 

Q. 


Similar to what you have testified here?—A. Yes. sir. 

AVhat happened then after you had finished testifying at the Ballot Law 
Commission?—A. After I got through testifying there were nothing for me to 
stay for, and I thought I better beat it home, and while I was going through the 
corridor, the large corridor, I was accosted by two young men. One says to me, 
“You te.stitied? ■’ Before I answered yes I received seven or eight blows. 

Q. Where?—A. In the jaw and face. 

Q, In the mouth?—A. I got a half-inch cut in my lip; my both lips were 
swollen. I came running back into tbe Ballot Law Commission. I entered the 
room, and Mr. Tague looked at it, and many other more witnesses looked at it. 

Q. Yes; and did yon reiwrt to the Ballot liaw Commission?—A, Well, at the 
time there Mr. Tague—— 

(C Mr. O’Connell.—A. He started telling Mr. Cunningham, the chairman of 
the Ballot Law (Commission, he thought witnesses should be protected. 

Q. And what did Mr, Cunningham say?—A. And Mr. (Cunningham says he 
would take that'matter up afterwards. 

Q. Was anything ever done by the Ballot Law Commission, so far as you 
know?—A. In regard to the assault? 

Q, Yes, sir.—A. No. 

Q. Now, on election day, did you go to any of the precincts in ward 5?—A. 
On election day I was supposed to wake up at 6 o’clock in the morning to be 
present. 



220 


TAGUE VS. FITZGERALD. 


n’ wlln^ yow do?—A. I arrived at precinct 8, and after hearing-- 

Q. ;\\ hat time did you arrive there?—A. Little after 8 o’clock 

Ml? Gibbons—I avrixea tliere I heard 

Q. Is that precinct in the AVashington School?—A. Yes, sir. After I arrived 
there and heard Mr. Gibbons was thrown out, so I says “This"is no place for 
me. I’ve got one beating. I better get ont of here." So I ™,t back fo Ta^ue 

iieadqnaiteis and wlule I went out I .see one fellow come out of there- 

Gallahan. You were asked what happened there. 

Tague headquarters, what happened there?—A Well I 

't ««.'■» to me, " Whafs the matter, .Stone, you’re not on vour duty 

there.” I says, “ No; that’s no place for me-” on .,uai uury 

Mr. Callahan. Wait, I object. 

noted. Go ahead. Mr. Stone. 

^ I told them that was no place 

Gibbons, a taller fellow than myself, had got thrown out I 
says, I m not going down there and stay in there.” 

-oS OTi'ralso'’“Til«-eV™‘‘‘'t'~'^' f Boston, and he 

n Theies a story where he got ejected from precinct 7. 

Mr. Callahan. I object. 

Mr. Berman. Note Air. Callahan’s objections. 

Q. And what did he say?—A. He said, as near as I can remember telling me 
that while walking through Blossom Street— leinemoei telling me, 

A ^ wmsuppose, Mr. Harrington, you want this evidence in. 

A AAhile walking through Blossom Street to a stable on Garden Street_ 

Your wlSs™”' ^ question; we don’t want that. 

Cross-examination by Air. Callahan : 

Q. Where do you live?—A. 19 Barton Street, Boston. 

Q. A\ here’s that?—A. The AVest End 
Q. Are you a voter?—^A. No, sir. 

Q. How old are you?—A. Eighteen and three months. 

Q. You were less than 18 on election dav?—A. Primarv*^ 

Q. Primary day.—A. Yes, sir. 

Q. Who asked you to go to the polls?—A. I volunteered mvself 
to^o^dowi? go?—A. AVell, no one asked me, but I volunteered myself 

retfo^AB-lTe Kanr services ?-A. To Mr. Tague and his sec- 

Q. And yon did that for Air. Gibbons, did you?-A No sir I was Inokinc 
out for the interests of Air. Tague. ’ looking 

Q. You are very friendly with Air. Gibbons, aren’t you?-A Yes sir 
Q. On his account you volunteered your services?—A. No sir ’ ” ’ 

0. 8ure you didn’t get paid for your services?—A Y^es sir 

Q. Sure you didn’t?—A. Yes, sir. . 

Q. Didn’t get anything for the primary?—A. No sir 
Q. Didn’t get anything for election?—A. No, sir. 
sir^ Ever received any reward whatever for your work for Air. Tague?_A. No, 

day; yes. foi' you?—A. Previously to the primary 

Q. AAhat did he do? A. He offered to appoint me as midshipman to o-o fo 

ctown'physicalir 

ouSy to pitoarHay!'" *" That was previ- 

and\™n!ed7orhim?-I^f Sone 

Q. Because he appointed you to Annapolis, you felt you ought to o-o to tlm 
pohs and work for him?-A. AVell. I wasn’t appointed. " " 

pons?-r Not e’xacH^^^ appointment, isn’t that why you went to the 

Q. AA"hy did .vou go exactly? — A. AVhv I thoimht ATi- „ ,1-1 , ^ 

candidate. For all I knew I should be on his side" ' ^ 

Q. You were not particularly interested ; you weren’t a voter You didn’t 
know much about political conditions, did you?—A. No. ” phIii t 







TAGUE VS. FITZGERALD. 


221 


or^ir.^MtzgeivakP—qualifications of either Mr. Tagiie 
Q. You did?—A. Yes, sir.^ ‘ 

Q. Did you know Mr. Fitzgerald ?—A. Not to snenk to 

g: Of Vom"° 

knowledge?—A. Yes, sir. * l^nou anything about him of your own 

o' ®^P“'>ence with him?—A. No sir. 

I Shook hands 

Q. You M-ereu’t a voter?—A. No, sir. 

(}. Anybody in your family a voter?—A. Yes sir 

a- i'hey!.c^?t“;^Ln^-/o ■ 

Q.' SS he";Vte?-If Na ' 

1 doesn’t care to vote. 

or .00 .ears, 

""" ““ you etw for Mr. Tag„e7- 

Q. You didn’t even ask your father.?—A. No sir- 
Q. lou got there about 9 o’clock that morning*? 

Mr': C^^T'prilS.?;." “■ 

A. Yes, sir; about 9 o’clock. 

Q. Have a list of names to challenge?—A. Yes sir - insidp thp 

a cuinU^i^e^^^T ^ with names to challenge.—A. Maybf had 

a duplicate. I had one given me by the city of Boston ^ ^ 

in i' ®\se there besides you and Mr. Gibbons?—A Mr Gibbons wnmPi 

there with me at precinct 7. 'Tiuuons \\asnt 

n ™ V "r®’’® P^'ooinot 4, weren’t ,von?-A. Yon referrins to precinct 7’ 

<J. Didn t you say you were at two precincts that day?—A Yes sir - wliich 
one are you speaking about? ’ ^ ’ which 

Q. I want to find out which precinct you were at.—A. Precinct 4 in thp 
morning and precinct 7 after 9 o’clock. ^ 

Q. AVasn’t Mr. Gibbons there?—A. No, sir 
A^Ye^^si'r^" Pnmary day. You were at two precincts on primary day?— 

Q. How long did you stay there?—A. Little after 8. 

Q. Little after 8. Did you challenge any voters?—A. No, sir 

Q. Did you try to challenge any?—A. I wasn’t in that for that. There was 
men in there challenging voters. 

Q. What w^ere you doing there?—A. One of the cowokers; if he went out to 
get a bite, I was supposed to go in there. 

Q. Did he go out to get a bite?—A. No. 

Q. You didn’t have a chance to challenge voters?—A. No, sir. 

Q. You didn’t have any chance in precinct 4?—A. No, sir. 

Q. Everything wms orderly; you didn’t have any trouble.—A Not with me 
Q. Or anything you could see?—A. No, sir. 

Q. The voters there were coming in and placing their ballots in the boxes — 

A. I M'asn’t inside the booth. ' ' 

Q. There was no disturbance outside?—A. I don’t know. 

Q. You went to precinct 7?—A. Yes, sir. 

Q. AVhat happened at precinct 7?—A. The challenge list was snatched out 
of my hands. 

Q. What time did you go to precinct 7?—A. About 9 o’clock. 


222 


TAGUE VS. FITZGERALD. 


Q. This was on primary day?—A. Yes, sir. 

Q. Do you know who took that check list?—A. By sight. 

Q. Do you know any of the young men who took it? You say two young 
men took it.—A. I know by sight. I forget their names, too. 

Q. Any other Tague worker there that morning at that precinct?—A. Not 
that I noticed. 

Q. You were the only one?—^A. Yes, sir. 

Q. Was the check list returned to you?—A. No, sir. 

Q. You went right away from there after the check list was taken?—A. Sure, 
and then I went to the station house. 

Q. And these were two boys weren’t they- A. Well, over- 

Q. About your age?—A. One was 19 and* one about 21. 

Q. You didn’t have any words with them, did you?—A. No, sir. 

Q. You never had any grievance or fights with them?—A. No, sir. 

Q. And you didn’t know them very well ?—A. No, sir. 

Q. No. And there was no reason why they should do anything to you that you 
know of?—A. No, sir. 

Q. No. And you don’t say that anybody was told to take that check list away 
from you, do you?—A. Not that I heard of. 

Q. These two boys simply came up and took that check list away from you?— 
A. l^es, sir. 

Mr. Haerington. You wouldn’t characterize 19 and 21 as boys. 

Q. Did they say anything to you?—A. I was speaking to the warden at the 
time. 

Q. Did they say anything to you?—A. No. 

Q. Where did you get this list of names on which you were going to chal¬ 
lenge?—A. From my coworker, who was Mr. Lebosky. 

Q. Mr. Lebosky?—A. Yes, sir. 

Q. And what precinct was he at?—A. I.met him on Lowell Street. 

Q. You met him on Lowell Street?—A. Yes, sir. About 50 feet away from 
the booth, 

Q. Do you know him very well?—A. Yes, sir. 

Q. He is a friend of Gibbons also, isn’t he?—A. I’^es, sir. 

Q. Can you remember any of the names now you were to challenge for 
Mr.-A.’Just one name. 

Q. What?-—A. McCurdy, up on Caml)ridge Street. 

Q. What’s his first name?—A. Robert McCurdy, I think, I’m not sure it’s 
Robert. I know it’s McCurdy. I’m not sure if it’s Robert. 

Q. That was one name you were going to challenge?—A. Yes, sir. When I 
got in- 

Q. That’s one name you can remember?—A. Yes. sir. 

Q. On election day where did you go?—A. • Precinct eight. 

Q. Young man, you testified before the ballot law commission, didn't you?_ 

A, Yes, sir. 

Q. Didn’t you testify there that you didn’t know who gave you the list?_A. 

Yes. sir. 

Q. And you want to change that testimony now?—A. I’m sure of it at 
present. 

Q. Sure now?—A. Yes, sir. 

Q. But at that time you didn’t know who gave you the list?—A. No, sir. 

Q. And yet the hearing before the ballot law commission was only two weeks 
from the happening?—A. I can’t say. 

Q. I mean about two weeks after the primary?—A. Y^es, sir. 

Q. And at this hearing you described what occurred at the primary?_A. Yes, 

sir. 

Q. And at that time you testified, two weeks after, you didn’t remember 
who gave you the list?—A. No, sir. 

Q. But now you do remember?—A. Yes, sir. 

Q. Did anybody call.your attention to it?—A. Yes, sir; from facts in the 
newspapers. * 

Mr. Harrington. I pray your Honor’s judgment. 

Mr. Callahan. I want that answered “ Yes ” or “ No.” 

Mr. Berman, Answer the question in your own way, Mr. Stone. 

'•:Q. Who called your attention to the person who gave vou this list on pri¬ 
mary day ? 

Mr. Harrington. Is it withdrawn? 






TAGUE VS. FITZGERALD. 


223 


Mr. Callahan. I don’t object; go ahead. 

The Witness. You want me to proceed? 

(Question read by stenographer.) 

Mr. Callahan. I say you can answer it “ Yes ” or “ No 

von -'owrwaV ■ Callahan.' You ma.v answer In 

join o^^n wa>, if you wish [to witness]. 

printed in the Boston newspapers- 

Ml. Callahan. I object to this answer. 

name speaking with Mr. Lebosky and another man by the 

who 1 ^ “ It’s funny Stoney don’t remember 

was aftPv thP I remember I gave it to you?” This 

^^as <iirei the ballot law commission, after I testified. 

checkYist^'*£^\^t?—A^^^Yes^sh*^ I'emember Lebosky gave you the 

that after the hearing he came up to you and said, “ That’s 
unnj, Stonej , you don t remember I gave you the check list‘d” That’s the 
remember it, isn’t it?—A. From thinking it over, too 
Q. lhats the only way you remember it?—A. No, sir. 

in^iYover I'emember it?—A. After he told me I was think- 

Q. \Vhat other way do you remember that Lebosky gave you that check list*? 
:Mr. Berman. He s answered it. He said “ thinking it over.” 

Mr. Callahan. I don’t think we should be interrupted. 

Mr. Berman. I think he is entitled to be protected. 

tion’ iheasr^^'' ^ you?—A. Repeat that ques- 

Q. You know Lebosky told you he gave you the check list?—A Yes 

si«'denly i-ememberecl he did give you the 

check list?—A. Not suddenly. 

Q. Ho\v long did it take you to sink in?—A. Inside of three or four hours 
and then I thought I would ask a lot of others. 

Q. All right, then, and then you asked-A. No. 

Q. AVhat Tlo you mean, you pondered over it, and then you thought you would 
ask all the other fellows?—A. I asked Mr. Manovitz; I thought perhaps he was 
kidding me. • . 

Q. Mliat did you ask Mr. Manovitz?—A. I said, “ He isn’t kidding me is he*? ” 
Q All right. Then, when this man said he gave you the check list, you said 

to Manovitz, “ Did he give me the check list, you’re not kidding me ”*?_A Yes 

sir. , . • 


Q. And what did Manovitz say?—A. ‘‘Yes; he did give you the check list” 

Q. And you were satisfied then?—A. Yes, sir. ‘ ' 

Q. Didn’t you ask several other fellows*?—A. I asked Mr. Lebosky and yir 
Manovitz. 

Q. You asked Mr. Lebosky and Mr. Manovitz. and you Averen’t satisfied when 
Mr. Lebosky told you, but you were satisfied when Mr. Manovitz told vou is 
that right?—A. No. ‘ ’ 

Q. Well, did you ask anybody else?—A. After thinking it over a Mdiile I knew 
he. gave me it. ; , 

, Q. You weren’t satisfied when Manovitz told you, you had to think it over a 
little more?—A. Yes, sir. , 

Q. No\v, vdien was it, on that day or any other day, that it dawned on you 
that Manovitz or Lebosky gave you that li.st?—A. Couple of hours later. 

Q. And where did it da\vn on you on that day that he gave you the check list, 
were you at home?—A. Yes, sir. 

Q. And you were sitting down pondering over this thing?—A. Yes, sir. 

So that I understand now that you left Lebosky and left INIanovitz and 
went home and sat down to think the thing over—whether Lebosky gave you 
the check list?—A. No, sir. 

Q. Is that so?—A. No, sir. 

Q. From the time you left him until two hours afterwards, vdien you were 
finally convinced that he gave the check list to you, did you do any thinking on 
the matter vdiatever?—A. Yes, sir. ‘ i 

Q. ,And did you think for the whole tM’o hours? Were you thinking about it 
for the two hours?—A. No, sir. 

Q. How much of the two hours were you thinking about it?—A. I can’t give 
you the exact time I was on it. 




224 


TAGUE VS. FITZGERALD. 


Q. Well, were you tliinking about it for an hour?—A. No, sir. 

Q. \A'ere you tliiuking about it for three-quarters of an hour?—A. About that 
time. 

Q. About three-quarters of an hour. So that after you left INIanovitz, for 
three-quarters of an hour you were thinking whether or not Lebosky was kidding 
you, is that so?—A. No; not right after I left Lebosky; I went right home. 

Q. You went right home?—A. I didn’t go right horne. 

Q. You didn’t go right home after you talked with Manovitz?—A. l"es, sir. 

Q. And after that you kept thinking about it for three-quarters of an hour?— 
A. No, sir. 

Q. After that when did you have this steady tliinking of about three-quarters 
of an hour?—A. My supper hour. 

Q. The next day?—A. No. 

Q. The same day—your supper hour?—A. Yes, sir. 

Q. When did you have the talk with Lebosky?—A. On Sunday. 

Q. And on Sunday you were finally convinced that he did give you the check 
list?—A. Y^es, sir. 

Q. What time on Sunday did you have that talk with him?—A. About 12 
o’clock. 

Q. Now, let’s see if I’ve got this right. You had a talk with Leboskv at 12 
o’clock, then you had a talk with Manovitz-A. At the same time. 

Q. At the same time, and then at supper time that night, which was at what 
hour?—A. Half-past 7, 

Q. Half-past 7 at night, after thinking it over for three-quarters of an hour 
steadily you decided that Lebosky did give you the list, is that so?—A. Yes, sir. 

Q. You have a pretty good memory, haven’t you,.young man?—A. Yes, sir. 

Q. How old are you?—A. Eighteen and three months. 

Q. You never had a lapse of memory before, did you?—A. Yes, sir. 

(}. You did? Do you have frequent lapses of memory?—A. I did have one 
during the time I was up to the ballot law commission. 

Q. You forget things easily?—A. No, sir. 

Q. And what made you forget the fact that Lebosky gave you that list?—A. 
Well, I was running around on primary day; I was mixed up, and I ran over 
to Charlestown, and I didn’t know what to do. 

Q. As a matter of fact, there were only two men you were doing business 
with in ward 5—Lebosky and Gibbons?—A. No, sir. 

Q. Who else?—A. I was speaking to Mr. Tague and his secretary at head¬ 
quarters. 

Q. I am speaking of that ward—ward 5. 

Mr. O’Connell. That’s in that ward; you want to remember that. 

Q. There were only two men, young men, that you were doing business with 
that day. and they were Gibbons and Lebosky; isn’t that so? 

Mr. O’Connell. Wait; wait a minute, please. 

Q. Isn’t that so, young man? 

Mr. O’Connell. You need not answer. I want to call to Mr. Berman’s atten¬ 
tion the term “ business ” is offensive, and the young man need not answer a 
term of that kind. 


Q. I'oung man, do you know what business means?—A. l"es, sir. 

Q. All right. Now, then, I want you to tell me if there was any other person 
beside Lebosky and Gibbons that you were doing business with in ward 5 that 
day?—A. Not from a financial standpoint. 

Q. I am not talking about financial standpoint, young man, but were vou 
doing business with anybody in that ward besides those two men*?—A Sneak¬ 
ing to them? ' ■ ^ 


Q. Speaking to them; yes.—A. Yes, sir. 

Q. Who else?—A. Mr. Tague and his secretary. 

Q. In that ward?—A. Y"es, sir. 

Q. Besides Mr. Tague, his secretary, Lebosky and Gibbons, did vou speak to 
anybody else in that ward?—A. Yes, sir.- 
Q. Who else?—A. Mr. Friel. 


Q. Who is Mr. Friel?—A. Resides on Billerica Street. 

Q. What were you doing with him?—A. Speaking to him outside that he was 
LO feGt liclvGcl. 

Q. You were telling Friel that he was going to get licked?—A. That his can¬ 
didate was. “ 


Q. That his candidate was?—A. Yes, sir, 

Q. Were you telling that to everybody in the district?—A. No, sir, 



TAGUE VS. FITZGERALD. 


■A. Gazin" at the voters going in, noticing no illegal voters were go- 


Q. 

Q. 

Q. 

Q. 


225 

"-liat were you doing outside?—A. Out- 

Q. Yes.- 
ing in. 

Tague and vou'dWn’t‘’t,X toone yote™-r Ye?‘l^ “'■ 

Q; nmi'i't'sS'ra vo?^‘iir Yes 

A."^! spokfto “L“n oinside"’'' 

o' YoII fwf V"’* "'®™ liangiug around outside?—A. Yes, sir 

MnTaSle?-A. No"" ir. "* ™‘e 

Q. That’s what yon were there for?—A. No, sir. 

Q. Ion couldn’t challenge votes outside?—A.’ That I know 
notinterfere in anyway with the proceedings inside?—A. Could 

dimiinyT standing there like a dummy?—A. Standing' like a 

Q. Yes, sir.—A. No; I was speaking to the people around 
Q. Did you speak to the voters?—A. No, sir. 

Q. loii didn’t do much for Mr. Tague, did you?—A. Yes sir. 

Do you know any of the voters in that precinct?—A. Yes sir 
flu'w many do you know?—A. Quite a few 
Which precinct is that?—A. Precinct 4. 

told s^^I^woulT challenge a voter if you were inside?—A. I was 

Q. How would you do it? A. If I thought this man was an illegallv registered 
\oter, I would go over to the warden and yell, “I want this man challenged” 

fn" blue ^ so.” write my name 

I thouSt—anybody that you would have to write your name?—A. 

Q. No, no; were you told by anybody that you would have to write vour 
name?—A. Because I heard people say when they came up that was the uav 
a man would have to he challenged. ^ 

Gi^en'biltrartions^^^^ ‘«st>'«ctions?-A. 

Q. Yes, sir.—A. Given instructions when the men go in to vote? 

light, eren t you given any instructions how to challenge?_A I 

Knew tiiat. 

Q. You think you know?—A. I think I did know. 

Q. You knew you would have to put your name on the ballots'?_A As fqr 

as I know. ‘ - • 

Q. Did you put your name on the ballots there?—A. No. 

Q. AVhat did you mean, young man. when you said you went to the warden 
to hnd out how to challenge and mark off the votes?—A To make snrp 
Q. Didn’t you ask him that?—A. Yes, sir. ' 

Q. Didn’t you just tell us now that you knew how to challenge?_A. Yes sir 

(} There wasn’t any occasion to ask the warden, was there^_A Yes sir 

(Colloquy.) ‘ ' 

Mr. Berman. Proceed, Mr. Callahan. 

Q. Now, young man, on election day nobody bothered you at tho polls 
except the incident that you have described-that somebody took your check 
list?—A. That was on primary day. 

Q, On primary day?—A. Yes, sir. 

(}. Nobod.v took your check list on election day?—A. No, sir. 

Q. And you got around there late, I understand, on election da^’*? _\ Yps 

sir; 8 o’clock. ■ ■ . . . . 

Q. And somebody told you the story about Mr. Gibbons?—A. Yes sir 
Q. And you thought you better beat it?—A. Yes, sir. 

Q. And you mean by “ beat it ” you ran-A. Yes, sir; beat it. 

Q. By “beat it” you ran away?—A. Didn’t run; walked fast. 


122575—19- 


-15 





2^6 


TAGUE VS. FITZGERALD. 


Q. Walked fast; walked away from the imaginary affair, didn’t yon?—A. 
When I see Mr. Gibbons I knew he got thrown out. 

(}. Nobody said anything to you in a threatening way?—A. I wasn’t in there 
long enough. 

Q. Nobody threatened you, did they?—A. Inside the booth? 

Q. Inside or outside?—A. No. 

Q. And because somebody said Mr. Gibbons wasn’t there and >vas thrown out 
you decided to beat it, as you say?—A. Yes, sir. 

Q. And you didn’t go back that day?—A. No. 

Q. While you were there, young man, did you see any disturbance?—A. 
No, sir. 

Q. You didn’t see anybody interfering with anybody else?--A. There was no 
Tague men in there- 

Q. There were no Tague men in there, l^ou didn’t see an.vlxxly in there 
inrerfering with Tague men or otherwise- 

Mr. O’Connell. Wait a minute. Y^ou answer in the manner you want to. 
Don’t let Mr. Callahan stop you. 

Mr. Beeman. Mr. O’Connell, you will have the right under i-edirect examina¬ 
tion to call the witness. I have a right, sir, to have the witness answer the 
question. My learned brother has no right to interrupt him, and i want Ihe 
witness to be allowed to answer without being interrupted by my learned 
brother. 

(Colloquy.) 

IVIr Callahan. Now, young man. answer the question. 

A. Will you repeat it, please. 

Q. Then I will say, did you, sir. while you were in there, say you saw no 
interference with anyliody?—A. Inside? 

Q. Inside or outside.—A. I seen where a man had been stoi)ped up. 

Q. At that particular time?—A. During the time I was outside or inside. 

Q. What do you mean—a year ago?—A. On election day. 

Q. Some years ago?—A. No, sir. 

Q. On that particular election day?—A. Yes, sir. 

Q. At that particular time when you were there?—A. Yes, sir. 

Q. AVhat did you see?—A. When I entered the polls I goes around to see 
if I could find Mr. Gibbons, and they told me he was thrown our, and rvhile 
going outside I saw some man being stopped by some man and asked to vote 
for somebody. 

Q. Y^ou don’t know who he was asked to vote for?—A. Yes, sir. 

Q. Did you hear it?—A. No, sir. 

Q. If you didn’t hear it, how can you say who he was asked tf> vote for?—A. 
Because he wasn’t passing- 

Q. Is that the only reason?—A. Any stickers eiP. 

Q. Is that the only reason, young man?—A. Y^es, sir. 

Q. Are you willing to say—are you willing to say—sir, that when you si^e two 
men talking together, and you don’t hear what they say, that you caji tell what 
is said between them?—A. They weren’t talking together. I hairpened to notice 
where a man was coming down the street and he was stopped—— 

Q. Yes; and something was said?—A. Y"es. 

Q. Y"ou didn’t know what he said?—A. I knew what thev were speaking 
about. 

Q. All right. You knew what they were speaking about without hearing it? 
You answer that “ yes ” or “ No.”— A. Y'es. 

Q. Y^ou knew that he was asking for votes for INlr. Fitzgerald, and you 
didn’t hear it?—A. I didn’t hear when he asked him. 

Q. All right, sir, before the ballot law commission, young man, you went 
up there and testified, didn’t you?—A. Y"es, sir. 

Q. And you said you were struck- 

(Colloquy.) 

Q. You went and testified before the Ballot Law Commission?—A. Yes, sir. 

Q. And you testified substantially as you have testified here, with the ex¬ 
ception, of course, that you didn’t know who gave you the list?—A. Yes, sir. 

Q. And then as you were leaving the corridor—you were outside in the corri¬ 
dor—you say somebody struck you?—A. On my way home. 

Q. On you way home. By that you mean, on your way home?—A. After I 
got through testifying I thought I wouldn’t stay in much longer- 

Q. After you got through .testifying where did this alleged assault take 
place?—A. In the corridor. 








TAGUE VS. FITZGERALD. 


227 


Q. Of the statehouse?—A Yes sir 
Q Coiiniiisslon hearing?- 


was about 23. 
young men you say 

No, sir. 

^aw Com- 
aulted you?— 


-A. Yes, sir. 

Q. Two or three" hVinTran'r^ ^ ^}' hundred feet, 

struck you, young man?—A By sSu^ room. Do you know who 

Q. And is he a young fellow,‘too?—A. No. 

assaufted you?-T No, ‘'™ 

Q.' Wiir'von'’«n?‘'Id'’‘“ f’'® I->"' CoiimiisMlun?—A. N(! 

• • JO saj, sii, now, that when vou \Aent hack to thp Pniipf t 

" yX !Z “ pe-on Vou ^d asi=™ite, 

n A. I didn’t give a name, 

right hell'incHeato^f"'"'^'--^- «^® t‘udlcatlngl and one 

Q. Were you struck from behind?—A. Sideways 

I -"d-- 

I c^ou.d anl::^" g;\Lln tSv before 

Q. Nothing else was said?—A. Not that I remember. 

Q. Dont you know that man?—A By si«-ht 

the'^Ban'oTl-r SnniSom ^ ®-'® t® 

Let’s see. You say a young man came out and a«ikpfi von 

that so^^ without your saying a word he struck vou a blow • 

tliat so. A. As near as I can remember " ’ 

Conn4\lonLi.'T4®?^''war's^^^^ "■®"' ‘® “’® 

Q. After you were struck. All right. In your direct testimony vou said vou 
seven or“ghf'®" ®'® Vou?—A. About 

rlgM hoci?\‘If ’tVe "O"’ *'® ^0" you went 

right back to the Ballot Law Commission?—He struck me. There were two 


if 

is 


Q. 

Q. 

Q. 

Q. 

Q. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


I know 
-A. No. 


the men by sight. 


No, sir. 

you a blow?—A. 


The men. 


Do you know the man?—A. 

Did you know his name?— 

Know it now?—A. No. 

Ever try to find out his name?—A. 

Let’s see, you say the man struck ^ ___ . 

(Colloquy regarding holding witnesses in the court room.) 

Q. Young man, you say you were struck seven or eight blows‘i'_A l^es sir 

On the face and hea<l?-A. Not head, face; face and Jaw ' 

Jaw and face?—A. Yes, sir. 

Did you go and complain of these men ?—^A. No, sir. 

Go to the police and make any complaint?—A. No, sir. 

And for the reason that you didn’t know their names—A. Yes sir. 

You could identify them?—A. By seeing them in the street. 

Have you ever seen them before that day?—A. Had I ever seem them 


before that dav? 


Yes.—A. Yes. 

Where had you seen them?—A. In the street. 

Saw them in the street?—A. Yes, sir. 

Where; in what street?—A. Around Chambers Street. 
Chambers Street?—A. Yes, sir. 

O’Connell. Chambers Street is in ward 5, down near 


the Hendricks 


Q. 

Q. 

Q. 

Q. 

Q. 

Mr. 

Club. 

Mr. Callahan. No ; I don’t want you to answer that. 

IVIr. O’Connell. There are two, that’s all. I wanted to be sure which one_ 

Q. You don’t know those young men?—A. Not by name. 

Mr. Hakrington. I pray your honor’s judgment. That question has been 
asked about 27 times. 

Mr. Berman. And answered the same number of times. 



228 


TAGUE VS. FITZGERALD. 


]\Ir. Callahan. Want it stricken out? 

INIr. Berman. No ; it may stand. 

(}. I asked yon if yon knew either of these young men before the day of this 
assault?—A. Never spoke to them before. 

Q. How many times did yon ever see them l)efore that day?—A. Quite a 
number. 

Q. About how many times?—A. Nine or 10 times. 

Q. Ever see them after that day?—A. Yes, sir. 

Q. Do yon know where they live?—A. No, sir. 

Q. Do yon know if they went out?—A. No, sir. 

Q. Yon san identify them, can’t yon, if yon saw them?—A. Yes, sir. 

Q. And yet yon didn’t go to the police and make any complaint of this assault, 
did yon?—A. No, sir. 

Q. Yon were able to be around that day and the next day, weren’t yon?—A. 
Around where? 

Q. Around your regular work?—A. Yes, sir. 

Q. It didn’t interfere in any way with your employment or your work?—A. 
Interfered with my eating. 

Q. How much do you weigh, young fellow?—A. Two hundred. 

Q. You weigh 200 pounds?—A. Yes, sir. 

Mr. Callahan. That’s all. 

Redirect examination by Mr. Harrington : 

Q. Mr. Friel, you referred to, is that the gentleman who is so prominent in 
the Hendricks Club?—A. I don’t know how prominent he is; he’s a member. 

Q. You say you knew these boys?—A. Yes, sir. 

Q. And what crowd they belonged to?—A. Yes, sir. 

Q. What crowd they belonged to is the same crowd known as Mr. .Tohn I. 
Fitzgerald’s crowd?—A. I’ve seen them walking with him once or twice. 

Q. That’s the senator sitting at the end of the table?—A. I can't see him. 

Q. Can yon see him now?—A. If he stood up maybe I would know him. 

Q. Go over and look at him.—A. Yes, sir. 

Q. Do you wear glasses generally?—A. Yes, sir. 

Q. Were they broken during thi.s-A. No; weren’t broken. 

Q. Broken since?—A. Yes. 

Q. Were they disturbed in any way?—A. Bent a little, that piece righ tthere 
[indicating]. 

Q. At the time of the assault at the State house at the ballot law commis¬ 
sion?—A. Bent a little. 

Mr. Harrington. That’s all. 

David Stone. 

SARAH McKENNA. 

Direct examination by Mr. O’Connell: 

Q. AVhat is your full name, please?—A. Sarah McKenna. 

Q. And you live at 722 Commonwealth Avenue?—A. Yes, sir. 

Q. And that is the Commonwealth Hospital?—A. No; my private- 

Q. Your private home?—A. Yes. 

Q. What is your business?—A. Graduate nurse. 

Q. Do you know Irving P. Dodge?—A. I do. 

Q. Is he a doctor?—A. I do not know. 

Q. Where is his place of business?—A. I do not know, except it is in the 
west end, sir, somewhere. 

Q. In the west end. Do you know of somewhere else he holds, or did hold, 
his place of business?—A. He is interested in the Commonwealth Hospital. 

Q. Where is the Commonwealth Hosnital?—A. I think the number is 619 
Commonwealth Avenue. 

Q. Commonwealth Avenue?—A. Yes. 

Q. In the Back Bay?—A. Yes. 

Q. Do you work there?—A. I have worked there. 

Q. How long have you worked there?—A. Taking cases off and on. 

Q. During what period—one year. two. or three?—A. No; within the last 
three months. 

Q. Before that, did you ever do any work there?—A. No. 

Q. Did Mr. Dodge live there, or had he lived there at any time when you were 
at the hospital? 

Mr. Callahan. She has only been there three months. 




TAGUE VS. FITZGERALD. 


229 


O tloes not live at the Commonwealth Hospital. 

L>oes not?—A. Iso; he does not. 

A. I cUd’ *1 young man within the last tliree or four weeks?— 

“ucl he came home very 


I think 
I don’t 


nftpii • tn-if ,, i- - --fev. living iiipit; auu lie came no 
I nndonhtpV^v fnM coming home and in and out the place?—A. 

yi AVI f^ w'CV you are telling me. 

iiiP-in n!«^r come home? 

mean his condition.—A. What home? 

Q. At tlie hospital?—A. That is not his home. 

/!' mean?—A. Mr. Dodge’s home. 

Q. M here is that?—A. At my home. 

Q. Where is that?—A. 722. 

Q. ^ liat suite is that? A. He and his son occupy rooms in my home 

n nr’ there?—A. Since November 26. 

Q. Dt what year?—A. 1918. 

Q. Before he came to yoiir house where was he?—A. I do not know He was 
right on the street somewhere. 

Q. On the same street?—A. Yes, sir. 

Q. How do yon know that?—A. Because I since heard him speak of it—a 
feAA doois below but I do not know the number. 

Q. How long did he live there?—A. I do not know. 

Does his son live with him?—A. Son lives at my house 
How old is the son?—A. 16. 

IVife live there?—A. Not at my house. 

Does the son go to school?—A. He is attending some medical college. 
Attending some medical college? Do vou know where‘s—A No 
Q. In Boston?—A. I don’t know. 

Mr. O’Connell. That’s all. 

Mr. CA 1 .LAHAN. No questions. 

Saka MacKenna. 

Mrs. CONCETTA SCOTTI: 


Q. 

Q. 

Q. 

Q. 

Q. 


Direct examination by Mr. O’Connell ; 

Q. What is your full name, Mrs. Scotti?—A. Concetta Scotti 

Q. And where do you live, Mrs. Scotti?—A. 1875 Commonwealth Avenue 

Q. How long have you lived there?—A. Two years. 

Q. And where did you move from?—A. From Summit Avenue—69 Summit 
Avenue. 

Q. In Brookline?—A. In Brookline. 

Q. Do you know Marciano Di Pesa?—A. He is my father. 

Q. He is your father?—A. Yes, sir. 

Q. How old is your father?—A. 72. 

Q. He is the owner of the Hotel Napoli?—A. Yes. 

Q. That is on -?—A. Friend Street. 

Q. Friend Street, Boston, ward 5?—A. Y'^es. 

Q. And you live in what is known as the “ Chesterfield,” 1875 Commonwealth 
Avenue?—A. Yes. 

Q. Suite 4?—A. Yes. 

Q. And your father lives there with you?—A. No; my father does not live 
there with me. 

Q. Your father is there a great deal?—A. Not very much. 

Q. Tell us how much your father is there?—A. My father comes to dinner on 
Sunday. 

Q. Y^es.—A. And he stays in the afternoon, and that’s about all. 

Q. Haven t I seen your father going out of that house mornings with your 
brother in an automobile, Mrs. Scotti?—A. Hardly; my father’s health won’t 
allow bim to ride in an automobile. 

Q. What do you mean by “hardly?” I live right there, and I want to know 
if my own eyes deceive me.—A. Y^ou might see him once every two months 
or so. 

Q. MTiat is the occasion of his visiting you once every two months?_A 

That’s when he comes Saturday nights when he can’t come Sunday. * * ’ 

Q. What were the other occasions on which I have seen him, not referring 
to Sunday morning?—A. You have never seen him. 

Q. Have you told about your father to a young men who called at the house 
to ask you about him?—A. I don’t remember; no. 




230 


TAGUE VS. FITZGERALD. 


Q. Did anybody call and make any inquiries about Mr. Di Pesa, and you gave 
information about him?—A, I don’t remember. 

Q. I want to call your attention to it, because I don’t want to have any mis¬ 
understanding that would put you in a light that wasn’t fair. 

Mr. Kroona. I object to that. 

INIr. Berman. I think that is a i)ei’fectly fair comment, Mr. Brogna. 

Q. You won’t say, Mrs. Scotti, that somebody has not talked with you 
recently about your father out at your home, will you?—A. No, sir; a lot of 
people come to my home and talk to me about my father. 

Q. Where does your father live?—A. INIy father lives at the Hotel Napoli. 

Q. He stays there all the time?—A. Ail the time. 

Q. 1^011 r father stays at the Hotel Napoli and only comes to visit you occa¬ 
sionally?—A. On Sundays he always comes to dinner. 

Q. Although Sunday is su))posed to be the day the Hotel Napoli puts up the 
most attractive dinner?—A. Sunday night. 

Q. And isn’t it a fact he comes to your home on Saturday night?—A. Only 
when he can’t come Sunday. 

Q. As a matter of fact, Saturday night at the Hotel Napoli is the principal 
night, and it closes at 12 o’clock, and he stays until it closes at 12 o’clock?— 
A. No: he doesn’t close. He gets away about 8 o’clock. 

Q. You have talked with your father about being summoned here as a wit¬ 
ness?^—A. I did. 

Q. When?-—A. Talked with father four or five days ago, when the summons 
came. 

Q. Did he speak about voting at the Plotel Napoli?—A. No; he couldn’t 
understand why I should be called into it at all. 

Q. Did he make any talk about it?—A. He didn’t understand why I should 
be summoned to come into the Fitzgerald case. 

Q. Didn’t he tell you somebody had been there?—A. No. 

Q. What else did he say?—A. He said to come up and find out what they 
wanted. 

Q. What else did he say?—A. He said he couldn’t understand why they sum¬ 
moned me, “ unless you hiive discussed it with some one.” 

Q. “ Discussed it with some one,” that was his proposition. What did you 
say to that?^—A. I never discussed the case because I wasn’t interested in it. 

Q. What did he say, that he had discussed the case?—A. No; he said nothing. 

Q. Y’'our father used to live at Summit Avenue with you?—A. No; father 
never lived with us since he bought the hotel. 

Q. When was that?—A. In 1905. 

Q. Isn’t it a fact your father’s liquor license on the Hotel Napoli keeps his 
voting residence there, but he does stay at your home in a respectable neighbor¬ 
hood. and has attractive surroundings, and doesn’t stop at Hotel Napoli, which 
is in the center of the city, and is not near as attractive as your own home?— 
A. No; that is not so. 

Q. And haven’t you told the investigator that?—A. That is not so. 

Q. Haven’t you told that in substance to the investigator?—A. AYho is the 
investigator? 

Q. Don’t you know?—A. I don’t. 

Q. Don’t you recall talking to anybody?—A. I said I talked to a great 
many people about my father. 

Q. And don’t you remember talking to people because your father went down 
to the Napoli and there were not as good surroundings?—A, No. 

Q. What did you say to the investigator?—A. I haven’t spoken. 

Q. What did you say to the investigator about where your father votes?—A. 
I haven’t spoken to anybody about where father votes. 

Q. Who lives with you?—A. My mother. 

Q. And yourself?—A. Yes, sir. 

Q. xVnd you have no children?—A. No, sir. 

Q. Your mother and father do not live together?—A. No. 

Q. When did he first- A, In 1905. 

Q. Mrs. Scotti, haven’t I seen your father and mother- A. IMy mother 

is a very old lady. 

Q. Haven’t I seen your father and mother go out in an automobile?—A. You 
haven’t seen my mother go out in an automobile. 

Q. I am not talking about your mother. Then, I understand your father 
separated from your mother in 1905?—A. Not separated. He didn’t live with 
us, that’s all. 




TAGUE VS. FITZGERALD. 231 

Q. What do you mean by that?—A. I mean he assumes all the expense of 
our home, but doesn’t come and sleep with us. 

Q. I see. Your father assumes all the expenses of the home, everything but 
comes out there, do you think he is separated from you?—A He iV not 
separated. 

Q. He is on good terms with your mother and you ?—A. Absolutely. 

^ nd lives as husband and wife, does he, as far as relations are con¬ 
cerned?—A. No; he doesn’t. 

Q. There is friendly, kindly feeling?—A. Oh, yes. 

Q. No court separation?—A. None whatever.* 

Q. And no dissent between them?—A. None at all. 

Q. He pays all the bills for the apartment?—A. All of them. 

Q. All of them?—A. All of them. 

Q. For the furniture?—A. All of them. 

Q. Pays all the bills?—A. Everything. 

Q. Telephone bill?—A. Yes, sir. 

Q. House rent? Is he on the lease?—A. Yes. sir; everything. 

Q. Your father owns everything there—A.Yes, sir. 

Q. Furniture and all?—A. Yes. 

Q. Now, then, do you know .Joseph Di Pesa?—A. Yes, sir. 

Q. Who is he?—A. My uncle? 

Q. Your father’s brother?—A. Yes, sir. 

Q. Associated with him in the ownership of the Napoli?—A. Yes, sir. 

Q. He lives at 46 Summit Avenue, Brookline?—A. No; he lives at the Hotel 
Napoli. 

Q. Didn’t he live at Summit Avenue?—A. He never lived at Summit Avenue. 
He used to come to visit us, and also comes and visits us now we are living 
here. 

Q. Who lived at Summit Avenue?—A. My widowed sister and her children 
and my mother. 

Q. And where did your widowed sister, where did she go?—A. Strathmore 
Road. 

Q. Right around from where you are?—A. Yes, sir. 

(>. Your uncle, Joseph Di Pesa, lives with them?—A. No, he doesn’t. 

Q. Calls on them a great deal?—A. Calls and visits. 

Q. Doesn’t he hire the house at Strathmore Road?—A. The son, Mr. Leonardl, 
my sister’s son. 

Q. How old is he?—A. Twenty-five. He is across how. 

Q. The brother’s name is?—A. William. 

Q. But Joseph Di Pesa, your uncle, calls on the house at Strathmore Road 
very often?—A. No, not often. 

Q. What do you call often?—A. Two or three times a year, if you call that 
often. 

Q. Haven’t I seen him out there more than that this year? 

Mr. Brogna. If jNIrs.- 

Mr. O’Connell, l^ou are all getting excited. It is because we are getting in¬ 
formation. Try to contain yourself. I know it’s hard. 

Q. Now, who paid the rent at 56 Summit Avenue?—^A. Mr. Di Pesa, Hotel 
Napoli. I think the checks were made out “ Hotel Napoli.” 

Q. Hotel Napoli pays for it?—A. Yes. 

Q. Who went on the lease?—A. We owned that house. 

Q. You owned that house. Now, then, who owns the house at Strathmore 
Road?—A. Nobody owns it. 

Q. What number Strathmore Road is it?—A. That is 15. Are you referring 
to where my sister lives? 

Q. Yes.—A. 15. 

Q. That’s just around the corner?—A. Well, not far. 

Q. Only a short step, and your building, of course, is right near there; you 

are near the corner of Chestnut Hill Avenue, and that’s right up-A. Yes, sir. 

Q. And that’s kind of a triangle and the two streets come together. Chestnut 
Hill Avenue and Strathmore Road?—A. Yes, sir. 

Q. Isn’t this the situation, Mrs. Scotti, after leaving 56 Summit Avenue, 
your father hired the house 1875 Commonwealth Avenue, and into that apart¬ 
ment you and your mother have gone with all your father’s furniture, and 
that your brother, or rather your uncle, Joseph Di I’esa, went with the rest of 
the family; that is, your sister and her children, into Strathmore Road, which 




232 


TAGUE VS. FITZGEKALD. 


is right around the corner, and in the same neighborhood with you?—A. Yes, 
sir. 

Q. Nobody goes to 56 Summit Avenue now?—A. No; we have sold that 
house. 

(}. You know the two Di Peses, your father and your uncle, are a higher type 
m men and are a higher typed class of people than are accustomed to live at 
Hotel Napoli, don’t you?—A. Well, is that a reflection on the Napoli? 

Q. No; I’m just telling you, giving it to you right, isn’t that so?—A. If you 
will put that question again to me. 

Q. Isn’t that true?—A. Are you reflecting on the Hotel Napoli? 

Q. I am reflecting on nobody, madame. I am not casting a reflection on any¬ 
body. I am rather complimenting the Di Pesas, and rather have it a compliment 
than a reflection, because you are my neighbors in the first place and very 
pleasant acquaintances in the second. Isn’t it true that both your father and 
join iincle are gentlemen with refined tastes, and that you like to live in a 
nice place with nice surroundings?—A. Yes, sir. 

Q. And isn t it true that the residence where you and your mother live. 
^\heie your father’s property and furniture is, and where your uncle, Joseph, 
mes nght around the corner, is a much nicer place than where the Hotel 

apoli IS located? A. Wflere my mother and I live is much nicer than where 
the Hotel Napoli is, sir. 

Q. And there your father would naturally prefer to live?—A. He would 
prefer to live. 

Q. In these nicer surroundings than the Hotel Napoli?—A. He would prefer 
by mr if his business allowed it and his health allowed it. 

(Counsel for the petitioner hold a conference.) 

Mr Bekman. While counsel are conferring we will take a recess of live 
minutes. 

P Connell. No ; I’d rather not. I’d rather finish with this young lady. 

' have you talked with your uncle, .Toseph?—A. I have. 

About the summons, you mean? 

Q. Yes.—A. No. 

me^itimflt recently ?—A. Saw him Sunday, but I forgot to 

Q. You got your summons last Friday?—A. Yes 

Q. And didn’t your father and your uncle have a 
this thing?—A. They didn’t, didn’t at all; weren’t 
they knew I had done nothing out of the way. 

Q. Nobody ever_ accused you; don’t think I accused 
you were a little bit more willing to come my way. 

Mr. Beogna. I object. 

Mr. Beeman. Counsel and witness are getting 

Mr. Beogna. Getting along nicely, I agree. He 
court to ask questions. 

Mr. Beeman. Mr. O’Connell is going along perfectly all right. 

A. You ask all the questions you want and I will answer them. 

Q. Surely. I wish you would try to give the answers-A I will Mve 

truth. You can’t expect more than the truth. ^ 

Q. There’s two ways of telling the truth.—A. Only one wav of telling 
t)'uth, isn’t there? " ^ 

Q. No; there’s only one way- 

Mr. Beogna. I want to insist he conduct this examination 
tions. 


I believe Friday, 
consultation of war about 
at all frightened, because 


you, except I wish 


along nicely. 

should be instructed by the 


the 


the 


by asking ques- 


saying, is going 


Mr. Beeman. Anything Mr. O’Connell is saying, or you are 
in the record. 

Mr. Beogna. It’s going in the record. 

Mr Beeman. I don’t think anything Mr. O’Connell has said would be ren- 
resented,;^he would be represented that he didn’t act properly at this hearing. 

Ml. O Connell. I call your attention to my young brother. He is white 
With rage. wiiitc 

Mr. Beeman. Proceed, Mr. O’Connell. 

Q. Now, Mrs. Scotti, have you ever been in the Hotel Napoli in the last 
three years?—A. You mean to live? c aot 

Q. Yes.—A. Never, never lived there. 

(}. Your mother never lived there?—A. No. 

Q. Neither has your sister, with whom Joseph Di Pesa lives'?_4 To« 5 Pnli 

Di Pesa doesn’t live with my sister. -Joseph 




.TAGUE VS. FITZGERALD. 


283 


liome frequently?—A. Two or three times a year—Christ¬ 
mas, Easter, and in between. 

Q. Is that all?—A. Just about. 

<-1 H' about. What do you mean?—A. I wouldn’t say he calls outside of 
tnose two times. I wouldn’t say he called more than twice. 

Q. loii don’t live at the Hotel Napoli?—A. I don’t live there. I only stayed 
father was ill, and dangerously ill. I stayed over night then, 
ij. lhat was the time your sister was ill?—A. Yes, sir. 

Q. That was when?—A. Two years ago. 

Q. Neither does your sister live there?—A. She doesn’t live there. 

Q. Did I understand you to say your father doesn’t own an automobile?— 
A. No; not any. He can’t ride any distance. 

Q. AVho does own the automobile?—A. My brother has an automobile. 

Q. What is his name?—A. Alfred Di Pesa. 

Q. He lives with you?—A. No; he lives at the hotel. 

Q. At the hotel?—A. Yes, sir. 

Q. Is he married ?—Yes ; he is married. 

Q. Any children ?—A. No. 

Q. WTiere does his wife live?—A. In the winter she conies in town and takes 
a furnished apartment a short while, but their place is at Nantasket. 

Q. At the Villa Napoli, at Nantasket?—A. Yes, sir. 

Q. And she comes in town—where does your brother live?—A. He has to live 
has to have a place to live, and, where they are living now? ’ 

Q. Yes.—A. In the Fenway. 

Q. How long has he lived in the Fenway?—A. This winter. t 

Q. That is, when he came up from Nantasket he lived there?—A. Yes, sir. 

<1 WTiere did he live before he went to Nantasket?—A. Newbury Street. * 

Q. Newbury Street and the Fenway are both in the Back Bay section of the 
city, far from the Napoli?—A. AValking distance. 

Q. Three miles?—A. Yes. W^e are great walkers- 

Q. People usually take a car?—A. It runs in our family. 


Cross-examination by Mr. Bkogna : 

Q. Just one question. .Joseph Di Pesa is unmarried?—A. Yes, sir; unmarried. 

(Recess.) 

Mr. Berman. Call the next witness, Mr. O’Connell. 

Mr. O’Connell. Has Mrs. Scotti gone? I want to call attention to the fact 
that immediately on leaving the stand she had a conference with Senator John 
I. Fitzgerald. 

Mr. Brogna. Does my brother want to testify again? 

Mr. O’Connell. I am stating a fact. If you all agree we want the facts, we 
will put it in the record; it is a fact. 

Mr. Brogna. If you will take the stand, and be sworn in, and state a fact 
the same as other witnesses, I will submit. 

Mr. Berman. I rule it may go in the record and it will show of whatever 
value it is. 


HERBERT H. BOYNTON recalled: 

Redirect examination by Mr. O’Connell: 

Q. Your name is?—A. Herbert H. Boynton. 

Q. And you are?—A. Deputy Secretary of the Commonwealth. 

Q. You testified last week, Mr. Boynton, and were excused to get some fur¬ 
ther information. Have you l)rought down the list of the voters of Massachu¬ 
setts who were in the Army and Navy or National Guard, which lists were sub¬ 
mitted to the Boston Election Commission?—A. Pardon me, don’t you want to 
ask that question for the city of Boston, alone? There are 190,000 in the list. 

Q. I will state the election commissioners of the city of Boston—A. Yes; I 
have it. 

Q. Approximately, how many names are contained in this list?—^A. I am in¬ 
formed approximately 50,000. 

Q. Can you tell me when the first list was submitted to the election commis¬ 
sioners of the city of Boston?—A. July 5, 1918. 

Q. And can you tell me whether they were received?—A. Well, each lot was 
sent in a different time. I marked on each lot as an exhibit the date sent and 
date they were returned. That is one lot. That is draft No. 1. Each lot is 
marked separately as they came to us from the National Guard. 



234 


TAGUE VS. FITZGEEALD. 


Mr. Beeman. Can you pick out the names of those living in the tenth district? 

Mr. O’CoNNELu. Oh, yes; all districts. 

Mr. Beeman. I mean readily. 

Mr, Boynton. Yes, sure; readily. 

Q. The first list containing 1,52 pages of names was sent to the election board 
on .July 5, 1918, and received back by your office on July 12, 1918?—A. Yes. 

Q. The second list, containing 145 sheets of National Guard was sent on July 
12 and received back on August 19?—A. Yes. 

Mr. Hakrington. May I suggest how many are put in there, or how many are 
on a page? 

IMr. O’Connell. Well, there’s [counting theinl approximatelv 26 names on a 
page. 

INIr. Harrington. Verify that, Mr. Boynton. 

(Witness counts names on a page.) 

INIr. O Connell. That’s about right, Mr. Boynton, 26 names on a page. 

Q. Sheet No. ^3 being sheet of names in the Army, containing 106 sheets, was 
sent on .July 1,5 to the Boston board of election commissioners and received 
back in your office August 21, 1918?—A. August 21, 1918, is the date. 

Q. The next one?—A. Naval reserves. 

Q. Was the list of naval reserves, copies of 25 sheets, sent .Julv 1,5, 1918, and 
received back at your office .July 25, 1918, that’s true?—^A. Yes. 

Q. The next list which was sent was copies of 92 sheets of men in the Navy, 
which were sent on July 17 and received back August 13 at your office?—A. Yes. 

Q. The next list that was sent was copies of 136 sheets of men in the naval 
reserve No. 2, sent on .July 27, Boston election commissioners, and received 
back from them August 21?—A. Yes. 

Q. The next list sent was one of the Army, copies of 21 sheets of names sent 
on August 3, and received back, to the board of election, and received back by 
your office on August 20?—A. Yes, sir. 

Q. The next list was another of the Army, names of men in the Army, copies 
of 46 sheets, was sent by your office to the office of the election commissioners 
of the city of Boston, August 3 and returned on August 20?—A. Y^’es. 

Q. The next list seems to be that of IVIarine Corps, copies of 11 sheets of 
names in the Marine Corps, was sent by your office to the office of the election 
commissioners of the city of Boston on July 31 and received back by vou on 
August 13, that’s right? Or 31st, which is it? It’s either one or the other — 
A. Thirty-first. 

Q. The next one seems to be a list of names of men in the aviation, which list 
was sent by your office to the election commissioners of Boston July’31 and re¬ 
ceived back in your office on August 13, that’s right—A. Yes, sir. 

Q. The next seems to be a list of 42 sheets. How manv sheets in that avia¬ 
tion?—A. Ten. 

Q. The next seems to be a list of Army, 3 and 4, 42 sheets, sent by your 
office on July 31, 1918, to the Boston election commissioners and received back 
at the secretary of state’s office on August 13?—A. Y^es. 

Q. The next seems to be a list of names of men in the Fourteenth Engineers 
being a list, copies of nine sheets of names sent by your office on July 31 to the 
office of the election commission, city of Boston, and returned to you by them 
on August 13?—A. Yes, sir. 

Q. Now, what was the purpose of sending those names to the election com¬ 
missioners? 

Mr. Brogna. I object. 

^Ir. Berman. Note Mr. Brogna’s objection. Question is admitted. 

A. The purpose was to discover the number of registered voters, iri order that 
applications of registration as absent voters might be sent to thern. 

Q. Now, have you got the date on which the Boston board of election com¬ 
missioners sent you the return of the vote of the primaries of September ^4*?_ 

A. The envelope on which that date was placed has been destroyed and to 
the best of our recollection it was tiled on October 4 or 5. ’ 

Q. Now, what was the last day for filing objections to nominations’ 

Mr. Brogna. Now, this is a matter of law. It has been put in already. 

Mr. Berman. He is asking Mr. Boynton, deputy secretary of state whaVthat 
law is for the State. 

A. September 30, 5 p. m. 

Q. Did Mr. Henry \. Cunningham, of the election commissioners, ballot law 
commission, call your attention to the fact that it was decided that we should 
have here the date on which he filed his- A. Decree? 



TAGUE VS. FITZGERALD. 


235 


distri^ct ?— 
A.S to the 


Q. Decree?—A. He did not. 

present time what time that decree was filed —A I 
^^TVT J afternoon a certified copy of it. 

Ml. O Connell. Will that be satisfactory to you? 

Mr. Krogna. Satisfactory to me. ^ 

Mr. O’Connell. All rij^ht. 

The W^TNEss'^'l^es^ ^ 

n Yl^? charge of the printing of the ballots for State election?—A. I did 
A Vr!v. when were the ballots for the State election on November 5 printed?— 
A* J-Oii mean for the entire State? 

Q. Yes. : 

IMr. Berman. For this district. 

Mr. O’Connell. Wait a minute. 

A' completed the Saturday preceding the election or the primary. 

Q. That was November 2. ' 

Mr. Brogna. Election, not primaries. 

The Witness The election, November 5. That would be Saturday, preceding 
November 5, when our ballots were completed. 

Mr. Berman. The 2d of November. '■ 

Mr. O’Connell. That’s \vhat I said. That would be November 2. ' 

hen V ei e the ballots printed for the tenth congressional 
A. They were completed on the Saturday preceding the election, .n. 
detail, in detail I couldn’t give you that; that’s a matter for the printer. 

Q. When was the copy sent to the printer for that district?—A. The original 
copy was sent at least a week prior to the date on which the ballots were 
delivered. I might say, for your information, that we send the original copy, 
not holding it up for the recount. It is much cheaper for us to send that than 
hold up all the printing. 

Q. As I understand, the printing started without regarding the fact a hearing 
was going on before the Ballot Law Commission?—A. Yes, sir. 

Q. A hearing at the statehouse and they didn’t send down their decision until 
October 29?—A. Yes. 

]\Ir. Brogna. Those lists of names, Mr. Boynton, are prepared by whom?— 
A. Prepared in our office by my clerks. 

Q. And information from which those were compiled was received from 
whom? A. Taken from card indexes in the ad.iutant general’s department. 

Q. By somebody in your office?—A. Somebody in our department. 

Q. And were these prepared because you were compelled to do so, or ad¬ 
vised to do so, by any law?—A. No, sir. 

Q. So that- A. Pardon me. The names we were required by law to 

receive, but not the sending out of these lists, from 190,000 names we took off 
of those lists. 

Q. And the sending of those lists to the election, Boston election commis¬ 
sioners was a voluntary act on the part of the secretary of state?—A. Yes; in 
order to determine those persons out of the 190,000 who were voters. 

Q. Who, in your office, under the law, receives objections to jiominations 
of candidates?—A. Would it be better for you to specify this particular case, 
because it might be by mail and it might be other vvays. 

Q. In this particular case, who received it?—A. I received it., 

Q. If an objection was filed prior to the date of the return of the primaries 

by the election commissioners, would you hav^e received the objection?_A. Yes. 

' Q. If the State Ballot I.aw Commission’s decision had been such as to affect 
whose name would have gone on the ballot in the tenth congressional district, 
would your office have been in time to have other ballots printed by election 
day?—A. Yes. ' 

Q. Do you know whether the Ballot Law Commission knew what was goino" 
on in the office of the State printer or not?—A. I do not. 

Q. Do you recall that Mr. Cunningham kept in touch with your office from 
time to time as the hearing went on?—A. Yes. 

Mr. O’Connell. I think that’s all. ' 

Mr. Berman. That’s all. 

Mr. O’Connell. INIr. Boynton, there is one question I would like to ask you*. 
Q. Do I understand the original of these names was sent back to you by 
the election commission, and checks made against them, as requested by your 
office?—A. Yes. 

Q. These better be marked as an exhibit, Mr. Boynton. ‘ * 



236 


TAGUE VS. FITZGEKALD. 


I\Ir. Krogna. Those, ns I understand, are not the originals returned by the 
hoard of election connnissioners? 

The Witness. No, sir. 

Mr. BermxVN. Perhaps they better be marked for identification rather than an 
exhibit. 

Mr. O’Connell. We will have these marked as- 

Q. Do yon know how many of these names were checked off in the city of 
Boston?—A. No. 

Q. No tabulated copy of them?—A. No. 

Mr, Brogna. Mind having me hear what yon are saying, Mr. O’Connell? 

Mr. O’Connell. If yon want to know, I was conferring with mv associate, Mr. 
Harrington. 

Mr. Brogna. I thonght yon were talking with Mr. Boynton. 

Mr. O’Connell. No. He’s an official of the State. 

We better mark these anyway for identification. 

Mr. Brogna. Call these by names, call the exhibit. 

Mr. O’Connell. Mark this list of 50,000 names as an exhibit. 

Mr. Brogna. Note my objection to those being allowed admitted as an exhibit. 

Mr. O’Connell. In order that we may nnderstand what they are, these are 
lists of 50,000 names sent to the Boston election commissioners for them to check 
up the men in the Army, Navy, Marine Corps, aviation, and Engineers-- 

Mr. Brogna. Or National Guard. 

Mr. O’Connell, Or National Guard. 

Mr. O’Connell (to stenographer). You mark them. 

Mr. Berman. Marked for identification. 

Mr. O’Connell. Marked for identification. 

(List of names marked for identification 2/26/19, all marked as one group.) 

Herbert H. Boynton. 

ANGELO CARPINELLO: 

Direct examination by Mr. O’Connell : 

Q. Angelo, what is your full name?—A. Angelo Carpinello. 

Q. Where do you live?—A. 3 Wiggin Street. 

Q. Where do you vote?—A. North Bennett Street. 

Q. What precinct is that?—A. Precinct 3. 

Q. Do you know Ruggiero Di Pesa?—A. Yes. 

Q. How old is he?—A. Ruggerio, I think about 56, 55, or 57; not sure. 

Q. Widower is he?—A, Yes, sir. 

Q. His wife died three or four years ago?—A. Yes, sir. 

Q. Where does he live?—A. Well, he, sometime he live at my house. 

Q. 3 Wiggin Street?—A. Yes, sir, 

Q. By sometime ” you mean most of the time?—A. Well, no; sometime work 
in the hotel and he live there. 

Q. When he don’t work in the hotel he lives with you ?—A. Some time; not 
all the time. 

Q. How much of the time during the year does he live with you?—A. Month, 
two months^, then go to work in the hotel. He say going to work in the hotel. 

Q. What'business is he in? What’s his trade; isn’t he a tailor’^’—A Yes • 
tailor, yes. ' ’ 

Q. Wouldn’t have a tailor working in a hotel, would you?—A. No, sir. He 
told me he do floor work, 

Q. Now, as a matter of fact, his brother runs a liquor saloon on Hanover 
Street?—A. Yes,; Prank, yes. 

Q. Has Ruggiero got any children?—A. Yes, sir. 

Q. Where do they live?—A. Well, one’s dead in France in the Army; another 
is in the Army right here in Portsmouth. 

Q. They were drafted from 3 Wiggin Street?—A. No, no, no, Mr. O’Connell 

Q. Where were they ?—A. I don’t know. 

Q. Living at 3 Wiggin Street at the time they went in the Army or Navy*?_ 

A. Mean son? 

Q. Yes.—A. No. 

Q. Where does he live?—A. I don’t know. Got a sister, I’m not sure* o-ot a 
sister in Revere. ’ ^ 

Q. Ruggiero has got a sister in Revere?—A. No; daughter there. 

Q, Is she married?—A. Yes, sir. 

Q. You think the boy might live with the sister?—A. I think so; I don’t know 
I’m not sure. 




TAGUE VS. FITZGERALD. 


237 


Q* Aon don’t know?—A. Not suro. 

^ Wiggin Street with yon?—A. Nobody. 

-l^ut Rnggiero Di Pesa comes there when he is not working at the hoteP— 
A. Sometime ; yes. . 

Q* Dnring the last 10 years did he come there?—A. 10 years? 

Q. lake any time recently?—A. Three years or four years. 

Q. Didn’t he come there before that-^A. He’s a friend 

Q. To live?—A. No, no. 

Q. Since he was a widower he came down to live on Wiggin Street from time 
to time.^—A. No; because he work in the hotel. 

Q. He stays there sometimes, don’t he?—A. Yes. 

O’ConnelT years?—A. I can’t remember, Mr. 

Q. Give ns the best of yonr recollection?—A. Six months, see him in the 
hotel. 

Q. Before that wasn’t he there a good deal?—A. Some time. 

Q. For how long was he there before that—was he there'?—A. I won’t say 
there a week; pretty near every two months, every three months, there a week • 
I am not sure. ’ 

Q. YTni talked with somebody recently about Rnggiero, didn’t von’_A 

When? 

To the investigator within the last month?—A. Nobody talking to me. 

Q. Nobody talking to yon?—A. No, sir. I got the snmmons; I don’t know 
w^ho it’s from. 

Q. Have yon talked with anybody since yon got the snmmons?—A. Yes, sir. 

Q. Mho? A. To Mr. Brogna. I asked him wliy I got the snmmonk He 
says, “ I don’t know.” 

(}. Yon vote wliere Mr. Brogna does?—A. I don’t know^ wliether Mr Brogna 
I'ote in my precinct or other precinct. 

Q. Did yon see Mr. Brogna election day wlien yon go to vote?—A Well some¬ 
times ; yes. " ‘ ’ 

Q. He was there at that precinct yon vote in?—A. Yes. 

And what did Brogna tell yon wlien yon told him yon w’ere summonsed?— 
A. Mr. Brogna will tell me about anything I ask and I asked him to find ont 
wliat it was and if he know\s?. 

Q. AVhat made yon go to Brogna?—A. Yes; because I know him 
Q. Don’t yon know^ me, too?—A. I see Mr. Brogna first. 

Q. Yon have knowm me before yon know^ Brogna?—A. Yes, sir; before that. 

Q. And yon w^ent to Brogna, wlm represented Mr. Fitzgerald, as soon as von 

got the snmmons?—A. I don’t know^- 

Mr. Brogna. Wait, w^ait. 

Mr. Berman. No ;' let the witness testify. 

Q. As soon as yon got the snmmons Mr. Brogna went to see yon?_A He 

talked with me. 

Q. He talked with yon?—A. I says, “I got a*snmmons.” 

Q. And that wms right after Brogna got the list of voters that were snm- 
monsed ? 

Mr. Brogna. He can’t testify to that. 

Q. Did Brogna come to yon or did yon go to Brogna?—A. Well, I thought 
it w'as Brogna, I don’t see very w^ell. If I saw Brogna I wmnld ask him. 

Q. Angelo, yon know' how' to testify because you have been around the 
courts a great many years as interpreter? 

Mr. Brogna. I object to that. 

Q. Yon don’t object to that, do yon, Angelo?—A. No. 

Mr. Brogna. He may have been yonr rnnner. 

Mr. O’Connell. May have been wliat? 

Q. I have seen yon around the court as interpreter a great manv years 
haven’t I, Mr. Carpinello?—A. Y^es, sir. ’ . . > 

Q. Now', w'hen I asked yon if yon had seen Mr. Brogna, or Mr. Brogna had 
seen yon, yon understood w'hat I meant?—A. Yes, sir. 

Q. Which is it—He see me. He said, “ AVhat yon here for?” I says “I o-ot 
a summons; I don’t know^ why.” ’ 

Q. What else did he say?—A. That’s all. That’s all. I told him I got a 
summons. He saw' the snmmons, and he says, “You.got to go in there.” 

Q. Oh, yes. Do you know^ Francisco di Pesa?—A. Yes, sir. 

Q. Where does he live, Revere?—A. I don’t know, Mr. O’Connell I don’t 
know'. ’ 



23S 


TAGQE VS. FITZGERALD. 


Q. Where does he live, to your knowledge? 

Mr. Brogna. I oh.1ect. 

Mr. Bp:rman. He ma.y answer if he knows. 

A. What do you mean, he is no relation to me? 

Q. I know he is no relation to you. You know him, don’t you?—A. Yes. 

Q. When did you see him last?—A. This morning. 

Q. Where?—A. In barroom. 

Q. Where’s that?—A. Hanover Street. 

,Q. Whose barroom is it?—A. I saw him, saw another party with him, don’t 
know who it was. 

Q. W hose barroom was it ?—A. Di Pesa’s barroom. 

.Q. Is that his barroom?—A. I think so. 

Q. Or his brother’s?—A. I don’t know if it is his brother’s. 

(2. You saw him this morning?—A. See him there to-day. 

Q. You talked with him about this case?—A. How did I know, Mr. O’Connell. 

Q. I didn’t ask you how you knew.—A. Saw in the paper. 

Q. Did you speak to him about coming up here to testify?—A. Yes. 

.Q. He told you he was summoned?—A. Who; me? 

Q. Yes.—A. I told him, yes. 

Q. Did he tell you about living down in Revere?—A. No. 

■Q. What did he say about it?—A. Say come up to the post office. 

Q. And what did he say about where he lived?—A. Say nothing. 

Q. Did he say they have him in it, too?—A. No, sir; got to come ui) to the 
post office. 

Q. Any particular reason why you came to see Francisco?—A. Kea.son, be- 
cau e I can’t read the paper, and Mr. Francisco read the paper- 

Q. Can’t you read the paper?—A. Not very much. 

Q. You have been an interpreter around the courts a great manv vears’_A 

Not required in there. * * 

Q. Do you know .Joseph Di Pesa?—A. Yes. 

Q. Where does .Joe live?—A. I don’t know, Mr. O’Connell. 

Q. Can’t you tell where .Joe lives?—A. I saw him many times in the hotel 

Q. Where?—A. Hotel. 

Q. What hotel?—A. Hotel Napoli. 

Q. Ever been to his home?—A. I don’t know. 

Q. Ever been to his home?—A. No, no. 

Q. Did Joseph Di Pesa ever tell you where he lived?—A. No. 

Q. Didn’t he tell you about the lovely home on the hill in Brookline that 
overlooked the whole city?—A. No, Mr. O’Connell. If he told me, of cour-^e I’d 
tell you about that. 

Q. Didn’t tell you where he lived?—A. No; I saw him in the Napoli Hotel 
that’s all. ’ 

Mr. O’Connell. That’s all. 

Cross-examination by Mr. Brogna : 

Q. How long has Mr. Leonardo* Di Pesa been working at the hotel, do vou 
know?—A. He told me when he went there about a year ago. 

Q. How many years ago?—A. About a year ago, he told me he worked there. 

Q. About a yeai ago? A. Yes; he told me, before, I knew he worked there 
because I went there and saw him there. 

Q. Did you know him when he had a tailor shop?—A. Yes, .'•ir. 

Q. How long since you have known he had a tailor shop, how many years?_ 

A. Six, about six or seven or eight years. 

Q. And since six or seven years ago he has no longer worked as a tailor • 
isn’t that so?—A. He don’t work at tailor. 

Q. How long is it since he has been working as a tailor?—A I’m not ‘uire I 
don’t know. ‘ ’ 

Q. He told you over a year ago he worked as a tailor?—A. Yes, sir. 

Q. And he told you sometimes before that he worked at the hotel and didn’t 
work as a tailor? A. Yes; he told me years ago; I don’t remember where he 
had been. 

Q. Well, within one year, from February last year until this year how 
many weeks has he been in your house to live?—A. Inside six months'^ ’ 

Q No; Inside a year.—A. One year. Well, I don’t kno^Y. Two'or three 
months—don’t know for sure. 

(}. And the other 9 or 10 months where has he been living?—A. Well, Napoli 
Hotel. 

Q. Hotel Napoli?—A. Yes. 



TAGUE VS. EITZGEKALD. 


239 


What day did 


-A. This 


Q. When did you receive your suiuiuous to come into court? 
you receive it?—A. Last week. 

Q. What day?—A. Friday. 

morniu^^^^' 

Q. ^Yhere?—A. Iii the corridor there. 

Q. Ill the corridor here, outside the court room?—A. Yes. 

Q. And you talked to me in the corridor?—A. Yes. 

Q. In the presence of many people?—A. Yes, sir. 

Q. Did you see Mr. O’Couuell around at that time?—A. No, no. I had not 
recognized him at that time. ^ ^ xniu not 

If I was there you would have recognized me? 

The \\ iTNEss. Yes, sir; because I- 

O’Connell, you didn’t show up this morning until 11 
o clock, and I ask that go into the record. 


Commonwealth of Massachusetts, Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F 
Tague V . John F. Fitzgerald, having first been duly sworn by the notarv, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence ot the above witnesses within this book. 

T> HT T, ^ Nancy H. Haeris. 

Boston, Mass., May 5, 1919. 

Personally appeared above Nancy H. Harris and made oath that statement 
Signed was true to the best of her knowledge and belief. 


„ Abraham C. Berman. 

Commonwealth of Massachusetts, Suffolk, ss: 

I heieby certify that the foregoing in this volume, containing about 97 
pages, together with the notice of contest and answer, is a true and correct 
copy of the testimony taken before me, under oath, in the contested election 
of Peter F. Tague n. .Tohn P\ Fitzgerald, beginning February 19, 1919; ex¬ 
hibits herein referred to are marked as described and made part of this record. 


Boston, Mass., May 5, 1919. 


Abraham C. Berman, 

Notary Public. 


March 1, 1919—10 a. m. 

Counsel present as liefore. 

Notary Berman. The hearing will now be resumed. 

Mr. O’Connell. Will you call the list of witnesses and see who are present? 

List of witnesses summoned tor to-day read by Notary Berman, as follows : 

Mr. Harrington. I want to remonstrate against Mr. Brogna telling the \Ot- 
nesses that they don't have to testify, which he has just done. 

Mr. Brogna. This witness approached me and wanted to go away. His name 
apparently was not called by the judge, and I said it didn’t appear on the list 
given to us. I told him to ask you [Harrington] that you are the man who 
gave him the summons and in your presence I said “ You are not on my list.” 

Mr. Harrington. “ And didn’t have to testify.” 


Michael J. Fitzgerald called as a witness by Mr. O’Connell. 

Mr. O’Connell. Will you be good enough, Mr. Notary, to call the name of 
Michael J. Fitzgerald? 

Michael J. Fitzgerald called by the notary. 

Mr. O’Connell. I might state for the information of Mr. Callahan in order 
that he may understand the significance of this that Michael J. Fitzgerald is a 
brother of John F. Fitzgerald living in Winthrop, who has been summoned and 
does not appear. 

Next witness, Thomas F. Bose, called by Notary Berman and no response. 

Mr. John O. Moylen called by Notary Berman and no response. 

Mr. O’Connell. In the case of Bose, who has just been called, we will show 
that he voted from the Quincy House and that he lives in Dorchester, 

Mr. Callahan. I don’t think you have the right to read that into the record. 
Put him on the stand. 

Mr. O’Connell. John O. Moylen, we will show that be voted from the rear of 
14 Causeway Street and that he resides in Revere at 128 Walnut Street. 

William J. —^-, called by Notary Berman. No response. 




240 


TAGUE VS. FITZGERALD. 


JNIr. O’Connell. In this man’s case we will show that he voted from the 
Hotel Lucerne on Causeway Street and lie lived at 15 Claxton Street, 

(Mr. Callahan’s objection noted.) 

W. J. Malberhill called by Notary Berman. No response. 

Mr. O’Connell. We will show that he voted from 31 T.iynde Street, when he 
lives at 346 Broadway, Camliridge. 

Joseph J. Lovin, In this man’s case we will show that he voted from the 

Lincoln House, whereas as a matter of fact he lives at 28-. 

Moses Crovitz called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case we are going to show that he voted from 
the Hotel Lucerne on Causeway Street, whereas he lived at 72 Myrtle Street. 
Michael P. Durant called by Notary Berman, No response. 

Mr. O’Connell. In this man’s case we will show that he voted from 37 Bil¬ 
lerica Street, Boston, whereas he lived somewhere else than Boston. 

Philip J. O’Heru called by Notary Berman. No response. 

Mr. O’Connell. We will prove that this man voted from 76 Green Street, 
whereas he lieved at 130 Myrtle Street. 

(Mr. Callahan’s objection noted to this procedure.) 

Charles P. Gallagher called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case we will prove he voted from the Hotel Lu¬ 
cerne, whereas, as a matter of fact, he lived at 42 Beach Street, Winthrop. 
Charles M. Hollinder called by Notary Berman. No response. 

Mr. O’Connell. We will prove that be voted from 37 Leverett Street, 
whereas, as a matter of fact, he lived at Penway Street, Boston. 

Charles Hart called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case we will prove he voted from the Lincoln 
House, whereas, as a matter of fact, he lived at 23 Irving Street, Boston. 
John Lomasney called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case we will prove that he voted from the Bow- 
doin Hotel, Boston, whereas he lived somewhere else. 

John L. Smith called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case will prove that he voted from a hotel at 
19 Causeway Street, in this district, whereas, a matter of fact, he lived else¬ 
where. 

.Tames P, Brown called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case we will prove that he voted from the Hotel 
Lucerne, Boston, whereas, as a matter of fact, he lived elsewhere; Somerville, I 
believe. 

Philip S. Doherty called by Notary Berman. No response. 

Mr. O’Connell. In this man’s case we will prove that he voted from the Lin¬ 
coln House, in ward 5. whereas, as a matter of fact, he lived at 196 Main Street, 
Charlestown. 

Neal E. Callahan called by Notary Berman. No response. 

Mr. O’Connell. We will prove that he voted from 30 Causeway Street, Bos¬ 
ton, whereas, as a matter of fact, he lived elsewhere. 

Edward Clark called by Notary Berman. No response. 

Mr. O’Connell. We will prove that he voted from the Hotel Brewster, Bos¬ 
ton, whereas, as a matter of fact, he lived elsewhere. And we will also prove 
that Mr. Edward Clark is an associate and a companion of John P. Pitzegerald 
that has not responded to this summons. 

John R. Murray called by Notary Berman. No response. 

Mr. O’Connell. We wili prove that he voted from the United States Hotel, 
whereas, as a matter of fact, he lives elsewhere. In this man’s case, although 
summoned and although he is a court ofiicer working in our Suffolk County 
courthouse, he does not respond to the summons. 

I will now offer the returns made by the marshal for tlie summoning of these 
witnesses that have been called, and I also want to state that each and every 
one of these men who have been called all voted in ward 5. Each one of those 
places designated are in ward 5. 

(Mr. Callahan’s objection noted.) 

Notary Berman. In reference to the witnesses summoned here this morning, 
Mr. Charles M. Hollinder I know to be out of town. He is in New York, and 
I want to ask counsel to remember in asking for capias to remember that 
Charles M. Hollinder is employed wholly away from this jurisdiction. 

Mrs. Margaret E. McCarthy called, and considerable discussion between 
counsel as to her right to testify, Mr. Callahan not having received notice that 
she was summoned to appear here to-day. 



TAGUE VS. FITZGERALD. 


241 


Mrs. Do^veV^Ss'o'caUed^ Berman to stay until called, 

iission as to her right to testm^* Mr this morning, and considerable dis- 
Mi^. Dower orde^^d Iw ^ ^^en notified. 


ciission 

Mrs. Dower ordered hv Kot'^r haying been notified. 

Colloquy between counsel and called to testify, 

his ruling that a witness eouUl^not teSift” wHhn‘t 

to Mr. Callalian unless tlie witness annearen ns* having been given 

Mr. O’Connell stated n.m ti V **^1’®““^'! as a voluntary witness. 

was a matter of sreat com enienceTi”her'to LstTf” children, and it 

to be brought back again. ^ ^ ^ tes^tity now that she was here than 

Sa McclarHv l?fh‘ave"^ot‘’??matter? 
to-day, although I don’t know'’an.vthlu“‘^ ^ 

V r ; I appeared by a summons 

Notary Berman. You were called by a summons’ 
iMrs. McCarthy. Certainly 

TiSy *“ "P®-' to ‘-tity? 

tTOn^s),'^ Yes™"'*' *“***''' *”"’“5’ ®«’®r «“®? 

lasY we^ek!'*"'"^”' ^ "'“"* ’* youc decision of 

changed my decision of last week You mav nofP 
Mr. Cadahan’s objection and proceed. may note 

Mr. CallahaxN \Ve have not received any notice of this woman’s testifvinc- 
M e are entitled to a notice under the statute and we want to call attentiorfor 

M we^ 

changed his decision of last week and is 
fiiv •« parties, including the witness herself Mrs McCar- 

th.\ sigmhes her desire to testify now and will testify if she chooses ‘ ^ 

McCarthy, son of Mrs. Mcairthy to the 
^ that she does not have to testify unless she desires to ) 

Mr. Brogna. You don’t have to testify if you don’t want to. 

Mrs. IVIAKGARET IMcCARTHY sworn : 

Direct examination by Mr. O’Connell: 

Q. 'What is your full name?—A. Margaret McCarthy. 

(Mr. Callahan’s objection noted to this witness testifying because he had 
received no notice of it.) " uc'-uu&e ne naa 

(AVitness allowed to testify by Notary Berman ) 

Q. AVhere do you live?—A. 180 Mt. Vernon Street, Malden. 

O- And you are married and live there \vith your family’ —A Yes sir 
Q. How many are there in your family?—A. Eleven children^ ‘ 

Q. Mhat is your husband’s name?—A. David J. McCarthy 
Q. IVhat is his business?—A. A tile layer 

My^S(m"ea,?[eU yZ'. I know the name of the firm. 

Q. On Corn Flill, Boston?—A. Yes, sir. 

(,). How old is your husband?—A. Forty-five years old. 

Q. How large a man is he?—A. About 5*^feet 10 or 11 

months^''' Street?—A. About six 

Q. And before that where did you live?—A. 30 Gordon Street 
Q. 'VMiere?—A. In Malden. 

Q. And how long did you live there?—A. Two years. 

husbamr and family during those two 

Q. Do you rent the house?—A. Yes, sir. 

Q. Your husband rents the house?—A. Yes, sir. 

Q. Do you know where he votes?—A. Yes. 

Q. Where?—A. Yes; in Malden. 

Q. Do you know where he votes there?—A. He votes at ward 5, I believe in 
IMalden. I wouldn’t be sure about that though. 

122575—19-16 



242 


TAGUE VS. FITZGERALD. 


Q. Did you ever live at G1 Allen Street, Boston?—A. No, sir. 

Q. Ever know of your husband to live at 61 Allen Street, Boston?—A. No, 
sir. 

Q. He never told you he had lived at 61 Allen Street?—A. He never did 
live there. 

Q. And he was living in Malden on the 1st of April last year?—A. Yes, sir. 

Mr. O’Connell. That is all. ' 

Margaket E. McCarthy. 

Mrs. JULIA DOWER sworn: 

Objection to this witness testifying by Mr. Callahan because he has re¬ 
ceived no notice. 

Mr. Callahan. I want this marked as an exhibit. This is a summons to 
Julia Dower. This is a summons to Julia Dower, 43 Washington Street, 
Charlestown, to appear at room 443, Post Oitlce Building, March 1, 1919, at 9.30 
o’clock in the forenoon. It is signed by Mr. Berman, notary public, and served 
by Christopher Ghiloni. 

(Mr. Callahan’s objection noted.) 

Mr. O’Connell. Mr. Callahan has received notice that this witness would be 
examined on February 25. 

Said summons olfered in evidence and marked Ex. 29; letter. Ex. 30. 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Julia Dower. 

Q. Where do you live?^—A. Forty-three Washington Street, Charlestown. 

Q. How long have you lived there?—A. Eight years. 

Q. Do you know Eugene Doherty?—A. Yes, sir. 

Q. Do you know where he lives?—A. He lives with me at 43 Washington 
Street. 

Q. How long has he lived there?—A. Four years. 

Q. What is his business?—A. Laborer. 

Q. How old a man is he?—A. About 27 or 28 years of age. 

Q. And what does he do?—A. He works in the Boston & Maine Produce Co. 

Q. Did you ever know him to live at 152 Front Street, Boston?—A. No, sir. 

Q. During the last four years?—A. No, sir. 

Q. During the last four years he has always lived with you?—A. Yes. 

Mr. O’Connell. I think that is all. 

Cross-examination by Mr. Callahan : 

Q. You came here this morning because you were summoned?—A. Yes, sir. 

Q. You didn’t volunJ:eer to come here?—A. I knew I would have to come I 
suppose. 

Q. You didn't volunteer?—A. No. 

Q. If you didn’t receive this summons to come here this morning, you would 
not have come?—A. No; I would not. 

Q. You didn’t tell anybody you would be glad to come?—No, I did not. 

Q. You didn’t tell anybody you wanted to come?—A. No. 

(}. Tell Mr. O’Connell or any of his friends that you wanted to come?—A. 
No, sir. 

Q. And any evidence that you have given this morning is because you received 
this summons?—A. Yes, sir. 

Q. When did you receive a summons to come here this morning?—A. I think 
it was Tuesday or Wednesday. 

Q. Of this week?—A. Yes; Wednesday. 

Q. You received a summons Wednesday to appear here this morning? 
Now, you weren’t here before this week, were .vou?—A. No, sir. 

Q. And you weren’t summoned to come here before this week, were you?—A. 
No, sir. 

(). You didn’t receive any summons to come here before?—A. No. 

Q. And you didn’t volunteer to come here at any other time, did you?—A. 
No, sir. 

Q. Have you got your summons with you? 

(Witness produces summons.) 

By Mr. Harrington ; 

Q. When you came here to-day you were perfectly willing to testify, weren’t 
you, so that you wouldn’t have to come back again?—A. Yes; I was. 


TAGUE VS. FITZGERALD. 


243 


-A. No; lie didn’t say any- 


; I had to come, 
you want to save 

can’t come again. 


the incon- 


0 . 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


sir. 


your mother? 
there off and 


A,\elriXn-f wafu again? 

By Mr. Callahan ; 

diing.^”" "‘f'* Harrington? 

Q. You didn’t voiunteer to come iiere?—A No 

.’enieuf7of’'fo'''”- '‘ere 

♦ enience or coming again? 

Witness. Yes; I don’t want to come again. I 

THOMAS HENRY KEENAN, sworn: 

Direct examination by Mr. O’Connell: 

What is your full name?—A. Thomas Henry Keenan 
How old are you?—A. 33 years. Aveenan. 

your business?-.A. Mason inspector, 
vv iLit IS your mother s name?—A. Alice. 

And you liv? thei^' n^hler ?-W^ 

..i,e 

me 23,fof Marci,.' ■™“ I "ved ti.ere off an,l on before 

Q How iong iiad you ilved tliei'e before tiie 23d of Marcii witli 
g," ; I " ns i,ack and fortli 

Q. liie situation is tiiat on tiie 23d or 24tii of Maroli vou lived 
■on —aV.. Aes. 

Q. Where did you go?—A. To the Hotel Havniarket. 

Q. And stayed there until when?—A. The 6th of April 

the Hotel Havmarket for the piirnose 
residence tliere so you could vote in ward o?—A. Not wholly. ^ ' 

'West End leasons? A. I have always had my association with the 

Q. Mdiat part had you lived in?—A. McLean Street 
How many years?—A. Twenty-four years. 

And then your family moved to Brighton?—A. YTs, sir. 

Yoih father was prominent with Mr. Ivomasney in old ward 8?_A. Y"es 

In fact, he was the man who brought Lomasney out? Your'father was 
one ot the prominent men of ward 8, that is true, isn’t it*^—A Yes sir 

Brigirt;‘n?-A”Y«i Hianged ins iioiue to 

Q. And Brighton is in ward 25, another congressional district?—A Y"es 
Q. .And you went to live with your father at that time when he went to 
Brighton?—A. 'When he hrst went there, yes. 

Q. How many years had your father and mother lived in Brighton at the 
rime your father died?—A. Seven or eight years. 

Q. During those seven or eight years you didn’t vote in Brighton?_A. I 

have never voted in Brighton and never intend to. 

Q. Although your family lived in Brighton you took a residence on reMs- 
tration time in ward 5?—A. Not exactly at registration time. I have staved 
at this hotel on and off throughout the years. 

Q. Have you ever stopped at this hotel at other times except as a matter of 
convenience?—A. Yes, sir; I have. 

Q. M hen did ^ou stop at this hotel before?—A. I have been stopping there 
right along off and on. 

Q. When was the last time before last spring at this registration time did 
you stop there?—A. Do you mean the last time I stopped there now? 

Q. Yes.—A. My clothes have been in the Hotel Hayniarket as late as_ 

Q. Answer my question. When was the last time?—A. My clothes and mv 
room were at the Hotel Hayniarket as late as last October. 

Q. MTll you tell the last day on which you stopped at the Hotel Hayniarket’ 
A. I can not tell the exact date. 

Q. Give it to us for your best recollection?—A. Some time in October. 

Q. What was the purpose of your visit in October at the Hayniarket’ A 

For family reasons. ' ‘ ‘ 

Q. WJiat were the family reasons?—A. I refuse to tell. 


Q. 

Q. 

Q. 

Q. 



244 


TAGUE VS. FITZGERALD. 


Q. I was going to add unless you didn’t care to express them. Vou don t care 
to tell them?—A. No, sir. 

Q. How long had you been there that time?—A. I had been there a week. 

Q. What was that'week? What was the reason of your visit there at that 
time—A. I have just answered you. 

Q. Was it not as a matter of fact that you took up your residence then be¬ 
cause the controversy of the recount between Tag'ue and Fitzgerald had reached 
the ballot law commission and as a result of the notoriety that^ it then had 
you just went to the Haymarket and took up a residence at that time? Yes or 
no?—A. No, sir. 

Q. It was at the time of the controversy, was or wasn’t it?—A. It was near 
the time. I was there for other reasons. 

Q. But it was at that time, wasn’t it?—A. It was near it, yes. 

Q. Did you tell anybody that you were going to cover yourself up and that 
you were going to take a residence down there?—A. Not to my knowledge. 

Q. What do you mean “not to your knowledge”?—A. I don’t remember 
ever telling anybody I was going to cover myself up. 

Q. When before that did you ever live at the Haymarket?—A. I had been 
down there two or three times between that time and the 7th of April. 

Q. AVhen was it?—A. I haven’t got the dates down. 

( 5 . Give it to me as near as you can.—A. Saturday nights and Sundays, 
mostly. 

Q. How many times have you gone to the Hotel Haymarket at about registra¬ 
tion time? How many years have you been doing this?—A. I have voted from 
that residence for about five years. 

Q. During those five years your family, father, and mother, lived in Brighton 
until your father died?—A. Yes, sir. 

Q. And registration time is April 1 in Massachusetts, in Boston? 

]\Ir. Callahan. You can’t answer that, for it is not so, of course, Mr. Keenan. 

INIr. O’Connell. For a man to be able to vote on election day he must be regis¬ 
tered on April 1. 

Mr. C^ALLAHAN. He can not know that, for, of course, it is not so. 

Q. You receive your mail at 25 Henshaw Street, Brighton?—A. At the present 
time; yes. 

Q. And you have received it there ever since you went there, with the few 
intervals, possibly, of when you were not there?—A. When I was at 25 Henshaw 
Street my mail came there, and when I was not there it didn’t come there. 

Q. The summons served on you found you at 25 Henshaw Street, Brighton?— 
A. It did. 

Q. You came from there this morning to testify?—A. No, sir; I did not. 

Q. Where is your residence to-day?—A. 25 Henshaw Street. Brighton. 

Q. And up to the 23d or 24th of March it was your residence?—A. At that 
time; yes. 

Mr. O’Connell. That is all. 

Cross-examination by Mr. Callahan ; 

Q. Mr. Keenan, will you tell us why you went out to Henshaw Street on the 
7th of April or thereabouts?—A. On the 7th of April I had word that my father 
had had a shock, and I gave up—it was my intention of staying in the Hay¬ 
market. I went out owing to my brother being in the medical service for a year 
and a half, and I went for that reason to stay with my mother. 

Q. Directly after that your father died?—A. He lingered until the 10th of 
October. 

Q. And you stayed there all that time?—A. Yes; to the present time. 

Q. Living with your mother?—A. Mj mother and my two sisters. 

Q. Your mother was summoned here this morning?—A. Last IMonday. 

Q. How old is your mother?—A. GS years old. 

Q. And is she confined to the house?—A. She can not go outside. She can 
go around the yard, but no distance away. 

Q. How long has that been?—A. Ever since we went to Brighton and before 
that when we lived in the West End. 

Q. That is how long?—A. Twelve years. 

Q. Q’welve years confined to the house?—A. Yes. 

Q. Are you married or single?—A. Single. 

Q. From that time in March until the 7th of April you lived at the Hay- 
market?—A. Yes, sir. 


TAGUE VS. FITZGERALD. 


245 

niarte't"^' .™'«' Ko'ne at that time?-A. Hotel Hay- 

Mr. Callahan. That is all. 


Redirect examination by Mr. O’Gonnf.tt 



By Mr. Callahan : 

Q. How old are you?—A. 33 years. 

8, pi-ethK-t's!'™ district ;-A. I voteel lu ward 

Q. That is now ward 5?—A. Yes. 

Q. And you have voted there since you were 21?_A Yes 

Q. lou never voted anywhere else?—A. No, sir.* 

&YLA ESTPjR O. DE ROSEY, sworn; 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Sylvester O. De Rosev. 

Q. lou were summoned to appear here‘s—A Yes 

street I wS Hotel Lucerne, Causeway 

Q. What is your business?—A. Bar tender. 

H’ brother of Mrs. George Moonev?—A. Yes 

O. At <bl Broadway, Somerville?—A. Yes. 

Q. You are a single man?—A. Yes. 

n’ where?—A. From the Lucerne Hotel, 58 Causeway Street 

Q. What IS the number of your room there?—A. 333. 

Q. Do you have that room all the time?—A. No, sir.' 

Q. What part of the year do you have that room?—A. I ain’t particulor whni 
room I have. I voted from there; pay by the week. Particulai \Hiat 

Q. Can you remember what room you were living in at the Hotel T.npprnA nn 
the 1st day of April last April?—A. 333, to my knowledge 

I ptv by ti'f'weeir I don’t have to register; 

Q. Did you register at the Hotel Lucerne?—A. Yes. 

Q. When? Sometime in February?—A. March 

Q. What room (lid you get then?—A. I didn’t iiotlce the number 

y. When did you get room 333’?—A. I been there since the plac-e was built 
and never took any notice. ^ ouhc, 

Q. WTien did you get room 333 that you said you had on April I^—a some 
time last winter. ‘ 

Q. When?—A. In February. 

Q. WTiat was the occasion of your getting room 333 at that time?—A No 
occasion at all. It was the room they gave me. 

Q. W’^ho gave it to you?—A. Mr. Sullivan. 

Q. WTiat is Mr. Sullivan’s address and what is his full name*?_A I don’t 

know, sir. * '' 

Q. Wdiere does he live?—A. I don’t know. 

Q. WTien did you see him last?—A. Wednesra.y night. 

Q. WTiere?—A. At the Hotel Lucerne. 

Q. Did you have any talk with him when he gave you this room?—A. No sir 
Q. How did you know you were given that room?—A. I could see by the 
numbei, I went to the bathroom and on my way hack I went to look at my 
key. That is the only time I ever took any notice of that room number 
Q. Did you sleep in that room?—A. I guess I did. 

Q. When?—-A. Ever since I lived there. 

Q. When have you ever slept in that room?—A. Last Wednesday night. 


246 


TAGUE VS. FITZGERALD. 


Q. Did you sleep in it last niglit?—A. No, sir. 

Q. Or the night before?—A. No, sir. 

Yon didn’t sleep in it last Tuesday night?—A. Wednesday night. 

Q. Was that the day of the summons?—A. No. 

Q. When did you get the summons to appear here to-day?—A. Tuesday., I 
think. 

Q. You got the summons Tuesday night and you slept in this room on Wed¬ 
nesday night; that is right, isn’t it?—A. I don’t know when I got the summons. 

Q. But you think it was Tuesday?—A. Yes. 

Q. And on Wednesday night you went to sleep there?—A. Yes. 

Q. Didn’t you go to sleep there in order to be able to come in and say you 
were still living there?—A. No, sir. 

Q. When you got this summons what did you do?—A. What did I do? 

Q. Y'es.—A. I asked the fellow what authority he had to give me that sum¬ 
mons for. That is all I did. 

Q. And he showed it to you?—A. Showed me his badge. 

Q. And then did you go to the clerk of the hotel, Mr. Sullivan?—A. No, sir. 

Q. When did you see Mr. Sullivan?—A. I see Mr. Sullivan? Mr. Sullivan 
was not there. 

Q. When did you see him last week?—A. Thursday morning. 

Q. Didn’t you tell me a while ago that you saw him on Wednesday night? ^ 
A. I can go there without seeing him. Sometimes I didn’t look at the desk 
at all. 

Q. Didn’t you tell me a little while ago in your testimony here that you 
last saw Mr. Sullivan on Wednesday?—A. No; I didn’t say I had seen him. 

Q. When did you say you had seen him? Mr. Sullivan gave you a room? ■ 
A. Yes, sir. 

Q. What did you say as to when you last saw Mr. Sullivan?—A. I didn’t sa 5 ^ 
Thursday morning. 

Q. Where did you see him Thursday morning?—A. Down at the desk. 

Q. Who did you see after you got the summons between the time you got it 
and time you saw Mr. Sullivan?—A. Mr. Devlin. 

Q. Who is he?—A. He was at the Hotel Lucerne on an errand for his wife. 

(i. That has nothing to do with this case?—A. I am telling you. 

Q. Did it or did it not? I want to know if it did. Did Mrs. Devlin come 
to you in reference to this summons?—A. No, sir. 

Q. Did she come to you in reference to any summons?—A. No, sir . 

Q. Did you talk to her about it?—A. No, sir. 

Q. Did you talk with anybody in reference to this case?—A. No, sir. 

Q. Are you sure about that?—A. Positive. 

Q. Did you spend a great deal of your time in Somerville?—A. As soon as 
my sister’s hoy went away and on account of the heating business—I went 
there and piped her house for her and also made some repairs to her hot- 
water heater. If I slept very late I wouldn’t have time to go out there, so 
I would stay all night. I would go out to linisli ui> the work I was doing 
for her to save expense. 

Q. You have had a key to her house for a long time?—A. Yes. 

Q. And always have had it?—A. No, sir, 

Q. How long have you had the key?—A. .lust about two or three months, 
as I am doing the work out there for her. 

Q. When your sister tells us she gave you a key and that you have always 
had a key since she has lived in the house she must he mistaken?—A. She 
made a mistake, because I never had a key until I went out and did that work 
for her. That is what carries me out there. 

Q. You are registered at the Lucerne in order to be able to vote there?—■ 
A. I was always registered there. 

Q. And for the same purpose?—A. I ain’t lived in Somerville for 25 years. 
I have always lived in Boston—got to vote somewhei’e. 

(}. Do I understand you wanting to hold yourself out to the world as living 
permanently in the Hotel Lucerne?—A. If I feel like- 

Q. Do lunderstand you to say—this is under oath and a matter of per¬ 
manent record and I want to get this thing right. Bearing in mind all your 
business relations, the organizations that you belong to, the addresses that 
you have given sis yoiir residence, do you want now to state that your resi¬ 
dence is at the Hotel Lucerne in Boston?—A. Yes, sir. 

Mr. O’Connell. All right. 



TAGUE VS. FITZGERALD. 


247 


Cross-examination by Mr. Callahan : 

O 01* single?—^A. Single. 

Iast\ve"bA\!*y’ci;^exvarstJ'eer'"' 1st of April of 

Q. I''ixiiiV'hei**hIo”eb'^^^^ ‘'v' key to your sistei-'s house?—A. Yes, sir. 

She gave me a key so I coiik’l go out all the time and 

liedirect examination hy Mr. O’CMnnelt • 

Q.' DhiTor."™" uuv'oern.’C^ «l’Psn.tus; is that riKi,t?-A. Yes. 

to get any'pei-mit. ® Somerville?—A. You don’t have 

Q. An^T w^"qulTtlmr-?%"r'''“’'^- nocessary. 

wanttoonaI.eater,andyoudon’thavetolme\ta^^^^^ “““ 

M*ILLIAM R. GALLAGHER, sworn : 

Girect examination hy IMr. O’Connell : 

Q. What is yoiir full name?—A. Mdlliam R. Gallagher 

o w live?—A. No. 5 Bowdoin Square ‘ 

O- \\ nere does yonr family live'^'—A No -n i 

Chester. ^ A. No. llo Woodrow Avenue, Dor- 

Q. And you lived out in Dorchester with them?—A. Not for three venrs 
Q. lou were at home most of the time wifh vnnv ? t jeais. 

with the folks for three years ^ folks?—A. I have not lived 

m-L^Thra■ «t Bay State Road?-A. I sai<I my folks 

(>■ \vnlf'’!‘®« •'■'”1 registered?—A. No. 5 Bowdoin Square 

Q. uhat IS that?—A. Hotel St. James. 

o' “tnVwf tit tile Hotel St. .lames?—A. Tliree years 

Q. Is that your permanent residence?— A. Yes sir -Liuee jeais. 

Q. Your mail goes there?—A. Yes, sir ’ 

Q. Personal mail?—A. Yes. 

Q. Where did you receive this summons?—A. I received it af- thp hnCoi 

long have you been interested in this Hotel St. James*?—A I have 
ouned it .''ince November, 1917. • a. i na\e 

beneya°''' hundred and fifty-two rooms, I 

Q. Are there an.v permanent guests in it?—A. Ye’s. 

known as a transient hotel?—A. There have been o-nest^i 
there for 15 or 20 years; luit most of it is transient. ^ 

Q. That was in other days, wasn’t it?—A. No. There are still peonle that 
live there and have lived there for 20 years, 10 years, 12 years. ^ P ® 

Q. What room have .vou there, IMr. Gallagher?—A. Rooms 89 and 40. 

C>. isn t it true that you also jiass many nights on Bay State Road*?_4 Thev 

fatherthere and there is my mother and‘sister and 

A f lived with them up to the time you went to the St James*?_ 

A. W hen I came hack from the border I went into the hotel business 

number of your room at the Hotel St. James*?—A 
Nos. 89 and 40. * " * 

Cross-examination hy IMr. Callahan : 

Q. You are the owner and iiroprietor of this hotel?—A. Yes, I am. 


Q. And that is your hiisine' s?—A. Yes. 

Q. And you keep your rooms there permanently? 
Q. Are .vou married or single?—A. Single. 

IMr. Callahan. That is all. 


A. Yes, sir, 


FRANK J. GIBBONS, sworn: 

Direct examination by Mr. O’Connell: 

Q. WJiat is your full name—A. Frank J. Gibbons. 

Q. How old are you?—A. Forty-seven. 

Q. Your business is that of a dog fancier?—A. Yes, sir. 


248 


TAGUE VS. FITZGERALD. 


Q. And you voted from 102 Staniford Street?—Yes, sir, 

Q. That is where your dog kennel is?—A. No; 121 is the dog kennel. 

Q. Have you lived at Alhermahl Street?—A. Yes, sir; at times. 

Q. Where do you live now?—A. For the last week I am stopiiing in New 
York. 

Q. What do you call your home now?—A. I have no perniaijent home; any 
old place I hang my hat. 

Q, You are a married man?—A. No, sir. 

Q. Are you a widower; you were married?—A. I was. 

Q. Are you a widower?—A. Yes, sir. 

Q. Any children?—A. No, sir. 

Q. Where were you living on last January?—A. Last .Tanuary; this year, 
do you mean? 

Q. 1919?—A, I think I was stopping at Alhermahl Street. 

Q. How long have you lived there?—A. Off and on for a year and a half. I 
use that place for business. 

Q. No. 19 Alhermahl Street is in the reOdential section of the city?—A. Yes. 

Q. Up in the Back Bay section?—A. Yes, sir. 

Q. How many rooms have you there?—A. Five. 

Q. And, of course, you own all the furniture and fixings there?—A. Yes, sir. 

Q. And they are still there?—A. Yes, sir. 

Q. To tell the truth, you are living there?—A. No. 

Q. When were you last in those apartments?—A. Yesterday, 

Q. Slept there the night before that?—A. Yes. 

Q. And the night before that?—A. No; I didn’t. I stopped down on Cam¬ 
bridge Street. I was out of town and came in late. 

Q. You pay the rent up there?^—A. Yes. 

Q. Who is your landlord?—^A. Mr. Winslow, State Street, 

Q. How long have you paid rent to him?—A. A year and a half. 

Q. For that apartment?—A. Yes, sir. 

Q. Who lives there with you?—A. I got a lady who takes care of my dogs. 

Q. Who lives there with you?—A. Nobody lives with me; a lady takes care 
of the apartment and the dogs. 

Q. At 102 Staniford Street, you haven’t any furniture?—A. No, sir. 

Q. You don’t pay any rent?—A. Not at present. 

Q. When did you ever pay any rent at 102 Staniford Street?—A. Off and on 
different times up until last May; along there some time. 

Q. To whom?—A. INIr. Barr. 

Q. What is his name and address?—A, Harry Barr, 102 Staniford Street. 

Q. What room there did you occupy?—A. Up one flight, front. 

Q. How long were you there?—A. About six weeks all told. 

Q. Although you had your apartment at Alhermahl Street and Alhermahl 
Street isn’t more than 2 miles from where you are in the city of Boston—in 
other words, your home that you were paying rent for was Albermahl Street 
and in it was all your furniture? It is in a convenient place, so far as your 
business is concerned, and yet you give us to understand that you claim you 
lived at 102 Staniford Street at that time; yes or no? 

Mr. Callahan. If he can answer it yes or no. 

A, He is asking too much for me to answer. 

Q. Mr. Gibbons, when did you go to live on Staniford Street?—A. Some time 
in March. 

Q. What time in March?—A. I couldn’t tell you. 

Q. Give us the best of your recollection.—A. Say along somewhere in the 
middle of March. I can not give you the exact date. 

Q. That is what you say, the middle of INIarch?—A. Around there somewhere. 
Might have been the 15th or 20th or the 12th. 

Q. Do you know any occasion for your having gone there at that time?—A. 
Y’^es, sir. 

Q. What was it?—A. Sometimes I take a notion and I room in one place for 
a month or two and then I move and go somewhere else, and the reason is 
Xieople get to know me. I have lots of pedigrees and I move them around. 

Q. You took 102 Staniford Street for that reason?—A. Y"es. 

Q. And before that where were you?—A. 102 Staniford Street. 

Q. And where before that?—A. 12 Causeway Street. 

Q. That is near there?—A. I have been for 25 or 30 years around that corner. 

What you want to say, Mr. Gibbons, is this; Although living and having a 
peimianent residence on Albermahl Street-A. I don’t claim it as a residence. 



TAGUE VS. FITZGERALD. 


249 


Q. Altliongli having yonr apartment on Albermahl Street, von wanted to "et 

^ 

thm-e"V"ain^^ Tf pIpv wanted to vote there?—A. I expect to move back 

to live " ^ ^ money enough, I expect to go back to the West End 

sentiment of the past?—A. I like to vote there. 
It doesn t make any difference to me. 

Q. Yonr place of business is right handy?—A. Yes; 121 Staniford Street. 

''kennel is?—A. Yes. Sometimes I pay three or four hundred 
imiiars tor a dog and they are too valuable to keep in kennels where they get 

Q. Yon don’t keep them at Albermahl street?—A. My high-priced dogs I do. 

Q. Does the landlord know that?—A. Yes; I pay for the privilege. Some¬ 
times T pay three or four hundred dollars for dogs. 

Q. And yon wouldn’t dare to keep a dog like that dowm on Staniford Street’— 
A. Ao. sir; I wouldn’t for any length of time. 

Q. I think I asked yon, hut in order to clear it up, it is only a convenient 
M-alking distance from Albermahl Street to Staniford Street?—A. It costs me 
16 cents a day to go up and down when I ain’t got my auto. 

(J. I didn’t ask yon that.—A. It is a little more than walking distance. 

(}. Blit as a bird flies from Albermahl Street to Staniford Street, coming right 
down Huntington Avenue and across the Common and over the hill, it ifT not a 
distance of more than 2 miles?—A. It is a little more than I would want to 
walk wdien I am on my feet all day w’^alking around. If von consider 2 miles 
walking distance, it is up to yon. 

Q. It is a distance of 2 miles?—A. A good 2 miles. 

Q. In order to place Alaberniahl Street?—A. It is the first street back of 
IMassachnsetts Avenue, off St. Botolph Street. 

Q. And that is in another congressional district?—A. I don’t even kno\v that 
since they changed them. 

Q. Don’t yon know that George H. Tinkham is the Congressman?—A. I am 
not interested in politics. I never received that much from politics and don’t 
ever expect to. 

Q. Don't you kno\v Mr. Tinkham?—A. I have read about him. 

Q. Don’t you know that he is the Congressman from that district?—A. I 
don’t knoAv anything about him. 

Q. Albermahl Street isn’t ward 5?—A. I w^ouldn’t swear to it, since they 
changed the ward lines; I don’t kno\v. Y^ears ago I might have told you wdier'e 
w'ard 8 is. 


By Mr. Callahan ; 

Q. You expect nothing from politics and you get nothing from politics and 
you are not listed and registered down there for political reason?—A. Never 
received a favor in my life. A party who has not seen me for 15 or 20 years 
met me the other day and said, “ IVhere are you hanging out now?” and I said 
in the IVest End. I am in the IVest End in Boston 18 out of 24 hours. 

By Mr. O’Connell : 

Q. You sleep mostly at Albermahl Street?—A. At times. I have been on 
Columbus Avenue and I have been all over the city, I guess. 


PETER DUKELOW, sworn : 

Direct examination by Mr. O’Conneull: 

Q. What is your full name?—A. Peter Dukelow. 

Q. Yhm are registered as voting from 19 Causeway Street, Boston?—A. Yes. 

Q. Did you vote there?—A. I did, sir. 

Q. l^ou are a carpenter by trade?—A. Y'es, sir. 

Q. How old are you?—A. 63. 

Q. YWu know where Harding Street, Cambridge, is?—A. l>s, sir. 

Q. You have lived there?—A. Yes; I lived there some 15 or 16 years ago— 
not since. 

Q. You lived at 21 Prospect Street?—A. Yes, sir. 

Q. Ho\v long have you lived there?—A. I left Prospect Street about the 4th 
of July, 1917. 

Q. Dowm to the present time?—A. I lived in Causeway Street from that until 
last fall. 


250 


TAGUE VS. FITZGERALD. 


Q. Last fall you went to Causeway Street- 

(Interruption by Mr. Callalian, claiming Mr. O’Connell is mistating the wit¬ 
ness.) 

Q. Now, Mr. Dukelow, who is your landlord at 121 Prospect Street?—A. 
Thomas McNally. 

Q. Where does he live?—A. He lives there as much as I see. 

(Interruption by Mr. Callahan.) 

Q. Where does INIcNally live?—A. He lives at 19 Causeway Street. 

Q. Is he the landlord at 21 Prospect Street?—A. No, sir. 

Q. Who is?—A. Mrs. Donovan. 

Q. How long have you lived at Prospect Street?—A. I went to live there at 
19 Causeway Street in July, 1917, and I lived there until August, 1918. ^ 

jNIr. Callahan. That is what he said before and you misstated tbnt evidence. 

Q. You have been paying the rent at 19 Causeway Street for how long?—A, 
You mean this last time? 

Q. I am asking you how long you i)aid it at 19 Causeway Street?—A. This 
last time I have been there not over four or five weeks. 

Q. When did you go there this last time?—A. About four weeks ago. 

Q. Where had you been before that?—A. Mrs. Donovan’s. 

Q. Where?—A. 21 Prospect Street. 

Q. How long had you been there?—A. I had been there since about some¬ 
where in August until about four weeks ago. 

Q. And where had you been before that?—A. At McNally’s. 

Q. Did you have a rent receipt?—A. No, sir; I am only a lodger. 

Q. When did you last live in Cambridge?—A. I haven’t lived in Cambridge for 
13 or 14 years. 

Q. Do you know where your brother lives?—A. I have no brother. 

Q. You have no office?—A. No office; no. 

Cross-examination by Mr. Callahan : 

Q. What is your business?—A. Carpenter. 

Q. And last April you were living at 19 Causeway Street?—A. Yes, sir. 

Q. And what time did you leave Causeway Street, did you say?—A. About the 
last of August. 

Q. Now, before you went to live at 19 Causeway Street, you lived at 21 
Prospect Street, didn’t you?—A. Yes, sir. 

Q. And that is in the same district?—A. Yes. 

Q. The same ward?—A. It is just around the corner. 

Q. Are you married?—A. No, sir; my wife is dead. 

Q. You have no family?—A. No, sir. 

Q. You simply room out?—A. Yes. 

Q. And you might one year be rooming at 19 Causeway Street-A. I have 

lived between the two houses for over 13 years. 

Q. I understand that between 19 Causeway Street and 21 Prospect Street, 
which is around the cornev-, you have lived in one of those two houses for 
13 years, that is right?—A. Yes. 

Q. Y^ou are a roomer and lodger?—A. Yes, sir; I boarded in whichever 
house I lived in. 

Q. Mrs. Mahoney rents the house at 21 Prospect Street?—A. Mrs. Donovan. 

Q. And whose house is at 19 Causeway Street?—A. Thomas McNally. 

Mr. Caijlahan. That is all. 

LOUIS LOCKE sworn: 

Direct examination by Mr. O’Connell: 

Q. WTiat is your full name?—A. Louis Locke. 

Q. How old are you?—A. Sixty-five. 

Q. You live in Belmont?—A. No, sir; I live at the New England House on 
Blackstone Street. 

Q. Did you ever live in Belmont?—A. I did. 

Q. When?—A. Up to about 12 years ago. 

Q. And did you own a house in Belmont?—A. I did not. 

Q. In what part of Belmont did you live?—A. I was born and brought up 
on Pleasant Street, lived there several years after my marriage, and then 
moved to Cottage Street and from there to Waverly Street. 

Q. How much of your time do you pass in Belmont now?—A. None at all. 

Q. You vote from the New England House?—A. Yes. 




TAGUE VS. FITZGERALD. 


251 


liyed there how long?—A. I have lived there nractieallv l‘> 
" O I’egistered from there, I think, seven or eight vears. 

Fatun Hau Set ^oeke & Co., 101 

Roo’m'os.*** *’’® inimber of your room at the New England House?—A. 


THOIMAS McHUGH sworn 


Q. 

Q. 

Q. 

Q. 

Q. 

three 


Direct examination by Mr. O’Connell: 

What is yonr full name?—A. Thomas McHugh. 

Do yon know IMrs. Carrelzon?—A. Yes. 

Landlord at 148 Warren Avenue?—A Yes 
Yon live there?—A. Yes. 

How long?—A. I have lived at that particular address off 
years. Went there first about three j-ears ago, since that 


to that address. 


and on for 
lady moved 


^ Q. Did yon vote from 44 Cooper Street, ward 5?—A. Yes sir 
time at 148 Mhirren Avenue. ’ 

three ^wsTgo ^Varren Avenue?— A. I went there first abont 

O. Where is Cooper Street?—A. Corner of Endicott and Cooper Street 
Is It a boarding house?—A. A rooming house. 

That is where yon vote from?—A. Yes, sir. 

Anybody in that house that yon are related to?—A. No, sir. 

IVhat is yonr business?—A. Carpenter. 

lyhen was the last time yon were at 44 Cooper Street?—A. I left there 


Q. 

Q. 

Q. 

Q. 

O. 


At the present 


abont the 4th of May. 


Q. IVhen did yon go there?—A. Around the middle of March. 

Q, Pay yonr rent to Mrs, Carrelzon during that time?—A. No, sir 
Q. And if she said yon paid to her she is mistaken?—A. Mv brother hires 
the room. I do not rent the room from her. 

Q. Yon have arrangements with yonr brother?—A. Yes, sir. 

Q. Yonr brother's name is what?—A. Patrick. 

Q. And yon room with him?—A. Yes, sir. 

Q. Last year yon left there some time in March and went ont to 44 Cooner 
Street?—A. Yes, sir. 


^ Q. And that Avas for the purpose of acquiring a voting residence?_A, No 

sir: I am not interested at all in politics. ^ ’ 

Q. How many years have yon been doing this?—A. That is the first time 
I voted in Avard 5. 

Q. This last time?—A. Yes, sir. 

]Mr. O’Connell. That is all. 


Cross-examination by IMr. Callahan : 

Q. Are yon married or single?—A. A AvidoAver. 

Q. M'hat did yon consider yonr home on the 1st of April of last year?_A. I 

considered my honre at 44. Cooper Street. 

Q. Anybody connected with politics ask yon to get listed or register in that 
AA'ard?—A. No, sir; I don’t knoAV anybody living in the ward. 

By iNIr, O’Connell: 

Q. Where did yon vote the year before that?—A. I Amted from Avard 13. 

Q. And Avhere did yon vote the year before that? —A. Ward 13. 

Q. Hoav many years have yon voted from Avard 13?—A. Approximately, I 
think I AT)ted four .vears there. ‘ ’ 

Q. How did yon happen to go doAAm to 44 Cooper Street?—A. Because it Avas 
nearer to my work. 

Q. AVhere is yoni- Avork?—A. In CharlestoAvn. 

Q. And .Amn are back at Mrs. Carrelzon’s noAv?—A. Yes. I didn’t like the 
district after I had liA’ed there for a A^diile and decided to move back. 

Q. 44 Cooper Street is some distance away from 148 M'arren Avenue?—A. 
l>s; considerable distance. 

Q, And yon lived there last spring and AA^ent back?—A. Yes. 

Q. Hoav many times have yon left Mrs. Carrelzon’s house around the voting 
time or registering time?—A. No recollection of- 

Q. Yon Averen’t living at Mrs. Carrelzon’s year ago last April?—A. No. sir. 

Q. Or the year before that?—A. The year before I was. I lived on Northamp¬ 
ton Street. 



252 


TAGUE VS. FITZGERALD. 


By IMr. Callahan : 

(}. When you say you voted from ward 13, you didn’t vote fronr this Warren 
Avenue address?—A. Mrs, Carrelzon was living then in ward 13. 

Mr. Callahan. That is all. 

Thomas McHugh. 


:\Ii'S. ELLA WHITNEY, sworn: 

Direct examination by iNIr. O’Connell : 

Q, What is your full name?—A, Mrs. Ella Whitney, 

(}. Where do you live?—A, In Dorchestei*, 57 Mora Street. 

Q. Do you know James F. Bowes?—A. Yes, 

(}, How long have you known him?—A. For the last five years, 

Q. Does he live at your house?—A. Yes. 

i}. He is connected with the sewer department of the city of Boston?—A. I 
believe so. 

(}. And works at Squantum?—A. Mr. Bowes are referring to? 

Q. ]\Ir. Bowes?—A. He works for the sewer department. 

Q. And he is down at Squantum?—A. No; he is in Boston. 

Q. He is in the city hall?-—A. Yes, sir. He never worked at Squantum. 

Q. How long has he lived at your house?—A. Off and on during the last five 
years. 

Q, And before that where did he live?—A. I couldn’t tell you. 

Q. By “off and on,” what do you mean?—A. He spends ids winters at our 
home. 

Q. By that what do you mean?—A. I go to the beach every year and he leaves 
a day or so before I leave for the beach, and I leave for the beach the 1st of 
April every year. 

Q. Where do you go?—A. To the North Shore, Ipswich. 

Q. Where do you go?—A. Little Neck, Ipswich, Mass. 

Q. Does your husband go with you?—A. We take the boat out- 

Q. Where does he vote?—A. I couldn’t tell you. I don’t know. 

Q. Were you in Ipswich last year the 1st of April?—A. Yes, sir; every year 
since I have been married. 

Q. And how long is that?—A. Eight years. 

Q. Where does Mr. Bowes go?—A. I don’t know. He generally leaves a day 
or so before I do. He takes his trunk and goes away and I leave on the 1st 
day of April. 

Q. And when does he come back?—A. He comes back in the fall. 

Q. At what time?—A. About September or October. 

Q. Tell me where you go to in Ipswich.—A. Little Neck, Ipswich, :\Iass. 

Q. What part of Ipswich?—A. On the north shore. 

Q. Have you a home there?—A, A summer home. 

Q. On what street?—A. It is no street. It is a beach, a summer resort. There 
are no streets down there. 

Q, Can you give me the name of anybody who saw you on April 1 at Little 
Neck in Ipswich?—A. I went down ,there with my brother-in-law and my hus¬ 
band and children, 

Q. Give me the name of anybody outside of them—A, The people that live 
down at the beach. I don’t know where they live, but Fred Byron, the owner 
of the hotel at Little Neck, Ipswich. 

Q. Is that open during the year?—A. It is opened- 

Q. Did you give you husband’s name to the police?—A. No; I do not. 

Q. Does your husband vote in Boston or Ipswich?—A. I don’t know where 
he votes. 

Q. Where is this Fred Byron?—A. He is the owner of the hotel and store 
<lown to this summer place where I go, 

Q. Does he own the house you hire there?—A. No. 

Q, Who is the landlord?—A. My mother-in-law owns the house. 

Q. And it is such an unusual thing to leave for the north shore at that 

untimely season of the year——A. I told you that- 

Q. Wait until I get through. I know that you might well tell me, but you 
might like to know what I am going to ask you. Before you answer any ques¬ 
tion the question must be asked. Will you please tell me the name of the ex¬ 
pressman that moved your trunk the day before April 1 last year?—A. The 
Dorchester Express, I suppose you would call it. The Dorchester Auto Express. 
Q. Who gave the order to have the trunks taken out?—A. I did. 






TAGUE VS. FITZGERALD. 


253 


.- 

Q. Do joii have a telephone yourself ?—A. No 
Q. ;\\hen was it taken out?—A. When I moved. 

()’ month. 

O D Dll,-a n telephone in there for Mr. Bowes?—A. No. 

/V telephone in that house at all?—A. No. 

D. \Miat IS .voiir husliand’s full name?—A. Mr. George AYhitnev 
Q. Any initial?—A. George L. v^eoi^e >\nitne>. 

Q. Where was he born?—A. In Boston. 

Q. How old is he?—A. 29 vears. 

^^^Q.^What is l,is business?-A, I shouUl call him a shipflttei- at the Victory 

huSn“ IhuS otm «'« «-«•>> 

Q. \piere was he working the 1st of last Aprii?—A Snautiim 

Q. Do you mean to say that your husband went from the victory niant in 
Sqiiantiiui down to Ipswich every day?_A No plant m 

il What days?—A. Always week ends. 

Q. And by that you mean?—A. Friday night 

Q. You went down and lived at Ipswich last summer, and where did vour 
husband live?—A. I said I went down with my husband ‘ 

IT' working at the Victory plant then on April 1 of last 

^ n \\u^' ^ ^ went down to the beach with me 

Q. Mhere was he working?—A. At the Victory plant. 

• 9,’ 9^i linsband was working at the Victorv ulnnt- 

iS tl,at true? Let me iisk you this: Where was your husbam h g Ctt 
1st clay of April last year?-A. He was with me down to the beach Went 

o n?i*? ® 'Ve take our boat out every year at tlnft time 

Q. Did he work on April 1 of last year?—A. He did not 
O. Did he work on April 2?—A No 
Q. The 3d?—A. The 3d; yes. 

Q. Did he work on March 31? 

Mr. Callahan. If you can remember. 

A. I can’t remember. 

Q. M here was your husband working for the three or four da vs prior to the 
time when you went to Ipswich, if you can remember?—A. I don’t remember 
+ T"' lHi>‘^l>and go to work at the Victory plant at any time prior 

to March 31 or after April 1?-A. What do you mean; when he started to 
work at the \ ictory plant? 

O. Give us the nearest date.—A. He started a year ago this month 
Q. In March of last year he went to work for the Victory plant?—A. Yes. 

Q. And that is a plant working then for the Government under high speed as 
you know- » i . 

(Interruption by Mr. Callahan.) 

Q. I want to know from you, Mrs. IVhitney, if vou know when your husband 
went to work in April?—A. I can not tell you the exact date. 

Q. The nearest you can remember.—A. I don’t remember the exact date. 

Q. Did he work at all during the month of April last year?—A. Yes* he did 
work. ’ 

Q. Much of the month?—A. I can not say. I don’t remember. 

Q. Do you know what department your husband worked in?—A. The S T 
Q. Do you know the name of his boss?—A. No; I do not. 

Q- Do you know the name of any of his superior employees there?—A. No 

Q. Do you know the name of the superintendent?—A. No. 

(}. Do you know Mdio got him the position there?—A. No.' 

Q, AVhen did he cease working there?—A. He is working there still. 

Q. While you were living in Ipswich your husband was living where?_A. At 

57 Mora Street. 

Q. In other words, you didn’t close your house on the 1st of April, but you 
left it and went to Ipswich and your husband, who was working for tl/e Victory 

plant, not very far away from Mora Street, continued to live there?_A. No. 

Q. How long did he stay there?—A. He was with me the week ends. Always 
came down of a Friday night and stayed until Tuesday moi*ning, sometimes. 



254 


TAGUE VS. FITZGERALD. 


Q. Do you mean to say that any man working at the Victory plant, beginning 
in April, was taking week ends from Friday night until Tuesday morning? Do 
you mean to say that?—A. Yes. 

Q. How often did he do that?—A. Very often. 

Q. Give us the best of your recollection.—A. I know it is very often. 

Q. How often would you say?—A. I can not say. I don’t remember, but he 
always spent his week ends at Ipswich. 

Q. You don’t know how often that was done?—A. I would not say positively. 
Q. And when he was not stopping with you at Ipswich he was stopping at 57 
Mora Street?—A. Yes. 

Q. That is your home?—A. Yes. 

Q. When was your husband paid at the Victory plant?—A. Thursday. 

Q. How many hours a day was he working there?—A. I don’t know. 

Q. What did he tell you?—A. He never told me his hours. He went very 
early in the morning and returned late at night. 

Q. How do you know that if he was at Mora Street?—A. You are asking me 
how many hours he worked a day and I am telling you. 

Q. Why do you say he worked late?—A. I am only telling you what I know 
about. I don’t know what time he came home when I was at Ipswich. 

Q. Has he ever told you what S. T. meant?—A. No. 

Q. You still live at Mora Street?—A. Yes. 

Q. When did Mr. Bowes come back to you? (No answer l)y witness.) 

Q. What is the name of your mother-in-law?—A. Mrs. J. C. Whitney. 

Q. And she is the one who owns this house?—A. Yes. 

Q. Where*does she live?—A. 8 Evans Street, Dorchester. 

Witness suspended for the time being and asked to return again on INIonday 
morning, March 3, 1919. 

Objection by Mr. Callahan. 

Witness ordered to return for further examination on Monday morning by 
Notary Berman. 

THOMAS IHLEY sworn: 

Direct examination by Mr. O'Connell : 

(j. What is your full name?—A. Thomas Riley. 

(}. What is your address?—A. 21 Withington Street. 

Q. What is your business?—A. Laborer. 

0. Are you married?—A. Y’'es, sir. 

Q. Any children?—A. Y’^es, sir. 

(}. Were does your children live?—A. One in the Back Bay and three in 
I >orchester. 

Q. W’here abouts in Dorchester?—A. At St. Peter’s Church. 

Q. What street?—A. I can not tell you. sir; 1 don’t know the name of it. 

Q. Have you a boy named George Riley?—A. Y^es. 

Q. Goes to the Henry L. Pierce School?—A. Y^es. 

Q. That is close to Withington Street?—A. Yes, sir. 

Q. And that is where you live?—A. Yes. 

Q. Did you vote from 118 Bowdoin Street?—A. No, sir; from 28 Dedham 
SI reef. 

(j. How long have you voted from there?—A. Last year. 

(y How long have you lived at Withington Street?—A. I lived there going 
on a year and a half. 

Q. You own the house at Withington Street?—A. I have an interest in it. 

Q. By that you mean you have the ecpiity?—A. It is yours subject to the 
mortgage?—A. Yes, sir. 

Q. When did you first move to 21 Withington Street?—A. I don’t remembei. 
Q. It was about a year and half ago?—A. Yes, sir. 

Q. 28 Dedham Street is a different part of the city?—A. Yes. 

Q. And 28 Dedham Street is in the tenth congressional district?—A. Yes. 

Q. And you lived, as a matter of fact, in the district represented by Mr. 
Gallivan?—A. l^es, sir. 

Cross-examination by Mr, Callahan : 

Q. How old are you, IMr. Riley?—A. I am .58 years old. 

Q. How long have you been a voter?—A. About 40 years. 

(}. Where have you voted during all those 40 years?—A. In the south end. 

Q. And in the same district you now vote in?—A, In the same district. 


TAGUE VS. FITZGERALD. 


255 


Q. Have you ever voted anywhere else?—A. No, sir. 

connected with politics asked you to vote in that district?— 

Q. You did that of your own free will?—A Yes 

m^-eSter Lomasney'or Fitzgerald ask you to get 

Redirect examination by Mr. O’Connell : 

Q. You are a city employee?—A. Yes. 

Q. M ith the sanitary department?—A. Yes, sir. 

Q. M hose house is this. Dedham Street, where vou vote from?- 
Q. u hat initials?—A. JMartin Ryan. 

Q. Does he work for the citv?—A. No sir 

aud ut''w'lf'etd‘Si:v: •™"‘' 

clorte^” Det'liam Street?—A. Xothlng; only my 


A. Mr. Ryan. 


By Mr. Callahan : 

Q. Did you live there the 1st of April last vear?—A. Yes 

Q. And you work right at the foot of Dedham Street?—A. Yes, sir. 

Q. And your work is about 50 or 60 yards from there?—A. A little more 
Q, About 100 yards?—A. Yes. 


R.v Mr, O’Connell: 

Q. IVhat time in March did you go there?—A. I didn’t say March; I said 
April, 

Q. M hat time in April?—A. 1 couldn’t tell vou exactl.v 
tenVou^'^^^ April?—A. I don’t know; I couldn’t 

Q. Your father is at Withington Street?—A. Outside of this time when I 
had to be registered from this house with the privilege of voting in ward 8 
That is where I have voted all mj^ life. 


By IMr. Callahan : 

bt)d^ connected with Mr. Fitzgerald or ]\Ir. Lomasney have 
anything to do with getting you a position in the city?—A. No, sir; I wouldn’t 

know Mr. Lomasney if I met him there. I never spoke to the man and wouldn’t 
Icnow him. 


THOMAS RILEY, Je., sworn. 

Direct examination by Mr. O’Connell: 

Q. M'here do you live?—A, 21 IVithington Street, Dorchester. 
(}. That is ward 20?—A. IVard 21. 

Q. AVhere do you vote from?—A. 21 lYithiugton Street. 

^Ir. O’Connell. That is all. 


JOHN J. GRAHAM, sworn. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. John J. Graham. 

(). You received a summons to come here?—A. Yes, sir. 

Q. When did you receive it?—A. I think it was either Tuesday or Wednesday. 
Q. And where did you receive it?—A. 153 Princeton Street, East Boston. 

Q. Are you the John J. Graham who voted from 30 Causeway Street?—A. No 
sir, ‘ ’ 

Q. MJiere do you vote?—A. In East Boston. 

Q. What precinct?—-A. Precinct 1, ward 2. 

(>. How old are you, Mr. Graham?—A. 53 years. 

(J And your business?—A. Draw tender. 

Q. For the city of Boston?—A. Y>s. 

Q. How tall are you?—A. 5 foot 6. 

Q, And you weigh about how much?—A. 1.56; somewhere around there. 

Q. How long have you voted from this place in East Boston?—A. About 17 or 
18 years. 

Q. You never registered or voted from 30 Causeway Street?—A. No, sir. 

(John J. Graham’s summons offered in evidence and marked “ Exhibit 32.”) 


256 


TAGUE VS. FITZGERALD. 


EDWARD O. DWYER, sworn. 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Edward Dorsey O. Dwyer. 

Q. Where were you living when summoned to come here?—A. Anchor House. 
Q. When did you get the summons?—A. I.ast night. 

Q. Where did'you get it?—A. My cousin brought it to me. 

Q. Where did she get it from?—A. Got it there. 

Q. Did you learn whei-e that summons came from?—A. My young cousin came 
to me at my place of business where 1 ^^'as working last night. 

Q. Where was that?—A. IMunicipal Building, >Soulh Boston. 

Q. You are a city employee?—A. Yes, sir. 

Q. In what department?—A. Bath department. 

Q. And what was ihe name of the party that gave you the summons?—A. 
Helen Wilson. 

Q. And did she say where she got it?—A. At her home. ^ 

Q. And that is the place where you have been accustomed to living? A. Once 

in a while. ' . , x 

Q. By that tell us what you mean.—A. I go there sometimes and I live there. 

I go there as a single fellow. I might go there and stay three months and leave 
her in three months and then go hack again. 

Q. How long has that been your custom?—A. Since my parents died. 

Q. When was that?—A. IMy father died four years ago last Christmas. 

Where was he living?—A. .392 Commercial Street. 
i}. And since then you have lieen living with this cousin? A. Yes. 

(}. And your cousin lives at 25 Brook Avenue, that is in Roxhury? A. I 
believe so. 

Q. Mrs. Ellen Wilson is your aunt?—A. Y'es, sir. 

Q. And she is the lady who lives at 25 Brook Avenue?—A. Yes, sir. 

Q. And that is the house where you say you have lived off and on? Is this 
the story—that generally you lived there, hut that some time in March your 
aunt stated as follows; see if this is true: 

(Interruption by Mr. Callahan.) 

(}. Your cousin testilied in her testimony last Tuesday that Edward O. 
Dwyer, that is yourself?—A. Yes, sir, personally. 

Q She said that you were her nephew ; that you lived with her until March, 
hut that you then ik’t the house and told her if anybody wants you not to tell 
them where you were, and that you did then stay away for some time, and 
that you then came hack and lived with her until March again? A. I nevei 

snid it. . 1. , X 

Q. Is that substantially true?—A. Give me that question a little lighter. 

O. Mrs. Ellen Wilson is your aunt?—A. Yes, sir. 

Q. And that is the same 25 Brook Avenue you referred to as where you 
live?—A. Where I live occasionally. 

Q. We will let it go at that, and she testilied that you lived with her until 
sonVe time in March ; that you left her house in INIarch and told her when 
you were going away that if anybody wants you to tell them that you were 
not there, and that you stayed away until .lune, when you came hack again 
to live with her?— a! T told’her I am going to leave her in IMarch. I always 
do and I am leaving her this mouth. I am there since last Christmas. 

(). Isn’t it true what she said?—A. That I told her 

C) Is that testinionv substantially true?—A. That I said to her if anybody 
comes inquiring for iiie that I am not there? I tell her I am not living there? 
I don’t liave to tell her to tell anybody I am not there. She knows I am not 
there. 

C}. When you left there last March where did you go to?—A. To the North 
End. 

Q. Where?—A. Bay State House. . . x , 

Q. And what room did you have at the Bay State House?—A. I don t 

rememher the number. 

(} What day did you go there?—A. I think around a little after the l<th 
of Vlarch. I was in'South Boston and we stayed in the building and we had 
a little time to ourselves. 

() Can you give us anv nearer date?—A. Say the 20th then. 

Do y'ou know the name of the clerk who registered you?—A. Yes; Mr. Day. 
C). What is his first name?—A. Charlie Day. 

Q. Where does he live?—A. I don’t know where he lives. 



tague vs. eitzgerald. 


257 


-A. 382 Hanover 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


No. 

Bay State 
born and 


street^"'’ ■'"“''ei' is the Bay State House?- 

Q. And that is the place y(^i vote from?—A Yes sir 
loii took a room tliere?-A. Yes sir. 

And Boston?—A. Yes sir 

And paicl rent'tliere'aJ! thariime''^-\''^S 
Just room rent?—A. Yes. * ^ ’ 

Hid you get any bills or receipts?—A. No sir 

tliere?—A. No bills at all 

A. M, vKi.stnmon /f/.fthe Boti^ i" ‘he Bath Department?- 

Mhere I am working. ^ Beacon Street to the place 

you’is^ 25 ^lLa)ol?AveVum^Hn’nH^ your home address, to get 

A. I have got no home, Mr. O’Cmiimll your home address? 

Q. ^^ ill jou please wait until I ask you? You got no home?_A. 

Cross-examination by Mr. Callahan : 

ii. Are yon married or single?—A. Single. 

Honsp^'as-f iff,? ‘he ist'of April last year?—A. 

-House, oo_ Hano\er Street, Bo.ston. 

Q. Did you always live in that section of the citv'^’—A Yes- 
brought up in it. ‘ 

Q. How old are you?—A. 35 this month. 

(). Mhen you were 21 where did you vote?—A. Precinct 1 ward 6 

O before me 

/V Hithei died four years ago?—A. Four years ago last Christmas 

9 ' lived with him at 392 Commercial Street?—A. l^es. 

No,^sir haven t any furniture and don’t pay any rent on Brook Avenue?—A. 

Bedirect examination by Air. O’Connell: 

(}. You wanted to keep voting down there and that is the reason vou con- 

there after your father died and your home was broken up?_ 

because I am there 24 hours a day you might as well say. All iny 
leisurely time I am in the West End. ^ 

Q. But you lived at 25 Brook Avenue?—A. I don’t live there. I might room 
there. I never go into that house the same day I leave. 

Q. Are you a member of the Hendricks Club?—A. No, sir. 

Q. AAere you there on the Sunday prior to election?—A. No, sir 

1 *?. D- O- Dwyer, of 25 Brook Avenue, 

leaclies jou?—A. I don t receive any mail. 

Q. It reaches you doesn’t it?—A. No; it don’t reach me. 

Q. But the summons reached you?—A. The summons was addressed to two 

plclC0S. 

,• summons addressed to you and left at 25 Brook Avenue reached vou, 

didn t It?—A. I told you how that came. 

it reached ,vou, didn’t it?—A. It reached me at my place of business 
where I was working last Friday night. ’ ’ 

By Notary Berman : 

Q. You belong to a brotherhood or social organization?—A No sir 
Q. Not an organization ?—A. Not at all. I belong to the bath department 
union and the longshoremens’ union. 

By Air. O’Connell: 

Q. 111101 is your address in the bath department employee’s union’_A 39*'> 

Commercial Street when I joined. I am out of it now. 

Q. Do you belong to any of them now?—A. No, sir. 

ithoiit tiding to be facetius, do you belong to anv organization of anv 
kind now?—A. No, sir. " 

Q. Don”t you belong to the bath department employee’s union now’_A Not 

now, I am out of that three years. 


122575—19-17 



258 


TAGUE VS. FITZGERALD. 


Q. What is that insig:nia you have on you [referring to insignia on lapel of 
coatj?—A. A fellow gave me that. 

Q. Who was he?—A. His name was Murphy. 

Cy You are wearing his insignia?—A. He gave it to me to keep. It is only 
a sharpshooter’s button. It is only a sporting club. 

Q. It is a sharpshooter’s button and you are wearing it and not entitled to?— 
A. He gave it to me as a keepsake. 

Q. MTiat is his name and address?—A. He is dead. 

Q. AVhat was his name and address?—A. I don’t know. He was a long¬ 
shoreman and used to be on the water front there. I did a lot of favors for 
him. 

Q. When did he die?—A. He got drowned about 10 years ago^ 

Q. Would you be good enough to let me look at that?—A. Yes [hands over 
button to Mr. O’Connell]. 

Q. What did he get that for?—A. I dont’ know,‘Air. O’Connell. 

Q. It bears the United States coat of arms, doesn’t it?—A. Yes. 

Q. And says “ sharpshooter” on it?—A. Yes. 

Q. And wasn’t awarded to you?—A. No, sir. 

Q. It is the property of a dead man?—A. Yes, sir. 

Mr. O’Connell. I want to introduce this summons of Edward O. Dwyer 
showing the marshal’s return by leaving it at his last and usual place of abode 
at 25 Brook Avenue, Roxbury. 

Said summons marked “ Exhibit 31.” 

Air. O’Connell. That is all. 

Edward D. O. Dwyer. 

Commonwealth of AIassachhsetts, 

Stiff oik, ss: 

I, stenographer, appointed by Abraham C. Berman, to take and reduce to 
Multing the testimony of the witnesses in the contested election of Peter F. 
Tague V. .Tohn F. Fitzgerald, having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the, evidence of the above witnesses within this book. 

Dora H. Barnes. 

Boston, AIass., May 5, 1919. 

Personally appeared above Dora H. Barnes and made oath that statement 
signed was true to the best of her knowledge and belief. 

Abraham C. Berman. 


Commonwealth or Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 58 pages, 
together with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter 
F. Tague u. John F. Fitzgerald, beginning February 19, 1919; exhibits herein 
referred to remarked as described and made part of this record. 

Boston, Mass., May 5, 1919. 

Abraham C. Berman, 

Notary PuNic. 

AFTERNOON SESSION AT OFFICE OF ELECTION COMMISSION. 

Deposition of Chairman Burlen —Continued. 

Air. Farnhani acting for Mr. Burlen in opening the boxes and displaying the 
ballots. 

Notary Berman. I understand that all of these contested ballots which have 
been marked, either at this hearing or some other hearing, for identification, 
are now included in the record in such form so that when you M’ant them to 
send to Washington you will ask for these numbered ballots. 

Mr. O’Connell, Yes. 

Notary Berman. And you will offer them as exhibits? 

Air. O’Connell. Yes; that is what I have been doing. Of course, I have not 
said so to each one of them. That is what was understood. 

A. Ward 2, precinct 1, the seal is intact. Canvas envelope, sealed. Block 1, 
nothing; block 2, nothing; block 3, nothing; block 4, Exhibit 12. 

Air. O’Connell. Two crosses, one against Fitzgerald and one against Tague, 
so that the ballot should be counted for Tague, because the lower cross is 
heavier and undoubtedly intended for Tague. 


TAGUE VS. FITZGERALD. 


259 


'™‘'d 2, precinct 2, are intact. (Broken by 
Ah OT'onn xv! O" envelope are Intact. Block 1— ^ 

opposite Hie name of TagM. Fitzgerald, a cross being 

aIc fhTT having been cro.ssed out. 

.ir LALLAHAN. Note our objection to the remarks on these ballots 

A S.1 Callaban-s objection^ 

Ar block 3, nothing; block 4- 

Exhibit 72, because there was a cross a-ainst 
^ {'ll n A against Fitzgerald’s name. 

A 't)V objection to that, please. 

A. Block 4—block 5, nothing. The seals on ward 2 precinct 3 ore intoot 
iiw; Mock's! onl''"'"''''' 1, nothing; block 2, noth- 

obUterS«r'”’'“' Fitzgerald had been 

objection to comment of counsel. 

^ loathing. Ward 2, precinct 4, the seals are intact The seals on 

the^ canvas envelope are intact. Nothing in block 1, nothing in block 2 nothino- 
in 3, nothing in 4. The seals on ward 2, precinct 5, are intact The seals on tlm 
canvas envelope are intact. Block 1-— ® 

the^lina^^^^'^^^* Exhibit 95, counted for Fitzgerald, with a cross on it below 


A. Block 2, nothing; block 3, nothing; block 4, nothing; block 5, nothin<^ 
The seals on ward 2, precinct 6, are intact. The seals on the canvas envelone 
fn^ h n^Eiing; block 2, nothing; block 3, nothing; block 4, noth- 

g. ard 3, precinct <, the seals on this are intact. The seals on the canvas 
envelope are intact. Nothing in block 1, one in block 2. 

Mr. O’Connell Exhibit 106, counted for Fitzgerald. The mark against 
Tague s name had been obliterated. ci^cunst 

in^iifldoS 1, bloVv’ “’ P'-^cinct 8, the seals are intact. Noth- 

Mr. O’Connell. Exhibit 113, which was not counted, and a section of the 
cross being clearly in Tague’s square. 

A. Block 3, nothing; block 4, nothing; block 5, nothing. AVard 3, precinct 1 
the sea s on this are intact. The seals on the canvas envelope are intact 
A. Block 1, nothing; block 2, nothing; block 3, one. 

1 Exhibit 23, cross placed in the blank below Tague’s name, 

and that the only cross on the ballot that way. 

IMr. Callahan. That we object to, of course, as comment. 

• 5, nothing. AVard 3, precinct 2, the seals are 

intact. The seals are intact on the canvas envelope. Block 1_ 

Air. O’Connell. Exhibit 79, counted for Fitzgerald, there being no cross in the 
square and simply being one line, and all the other designations in the ballot 
have crosses. 


Air. Callahan. AA'e object to that description or comment. 

_ A. Block 2, nothing; blocks 3 and 4, nothing; block 5, nothing. AA’^ard 3, pre¬ 
cinct 3, the seals are intact and the seals on the canvas envelope are intact. 
Block 1, nothing; block 2, nothing; block 3, nothing; block 4, nothing AA^ard 4 
precinct 4, the seals are intact. The seal on the canvas envelope is intact 
Block 1, nothing; block 2, nothing; block 3, nothing; block 4, nothing. AAtard 3 
j)iecinct 5, the seals are intact. The seal on the canvas envelope is intact. 
Block 1, nothing; block 2, nothing; block 3, nothing; block 4, nothing. AVard 3 
j)iecinct 6, the seals are intact. The seal on the canvas envelope is intact 
Block I, nothing; block 2, nothing; block 3- 

All. O Connell. P^xhibit 110, block 3, the cross looks as if it were put on 
Fitzgerald’s square and obliterated or there was an attempt to obliterate it all 
the other crosses being clear. ’ 

Air. Callahan. Note my objection to this comment and description. 

A. AA’ard 3, precinct 7. The seals are intact. The seal on the canvas envelope 
is intact. Block 1- 

Air. O’Connell. Exhibit 122, the cross against Fitzgerald being very light 
and delicate'and faint and of a different type entirely from the crosses against 
the other candidates on that ballot. 

Air. Callahan. Note my objection, please. 

Notary Berman. I think it is understood. Air. Callahan, your objection is 
noted to all that line. AATll the stenographers make a memorandum to the 









230 


TAGUE VS. FITZGERALD. 


effect that Mr. Callahan's objection is made to comment and description of 

th^exhdHts^^ nothing; block 3, nothing; block 4. nothing; block 5, nothing. 
Ward 4, precinct 1, the seals are intact. The seal on the canvas ein elope is 

4, precinct 1 not 

or Fitzgerald, there being an additional cross against the name of I itz^eia 
wliiph we will contend \vas of a diffeient maikinj,. , . • o 

A. Block 3, nothing; block 4, nothing; block 5, nothing 
the seals are intact. The canvas envelope seal is intact. ^ Block 1, nothin^, 
block 2, nothing; block 3, nothing; block 4, nothing block o, nothing; block 6, 
nothing. AVar 4, precinct 3, the seals are intact. The canvas en^lope seal is 
intact Block 1, nothing; block 2, nothing; block 3, nothing; block 4, one. 

I^Ir. O’Connell. Exhibit 21, the intersection of the cross being below the line 

^^Mrl^cTLiVnAN^'^This is Exhibit 15, precinct 3, block 4. It is counted for 
Tagne, and I will make no comments or descriptions. 

Mr. O’Connell. You could not. . . ^ - 4 . a 

Mr. Callahan. It has gone in, and you are not going to say it is 
A Block 5 nothing. AVard 4, precinct 4, the seals are intact. The canvas 
eiHelope seal is intaft. Block 1, nothing; block 2, nothing; block 3, nothing; 
block 4, nothing; block 5, nothing; block 6, nothing; block i, nothin^. n^d 4» 
nrecinct 5, seals are intact. The canvas envelope seal is intact.^ ^^o^k 1, 
nothing • block 2, nothing; block 3, nothing; block 4, nothing; ^ook o, nothing, 
block 6,’nothing. AVard 4, precinct 6, the seals are intact. The seal on the 
canvas envelope is intact. Block 1, nothing; block 2, nothing; block 3, nothin,, , 

^^Mr. IS’CMnnelh^S 6, was not counted, although the inter¬ 

section of the cross was below the line and against the name of Mr. iagiie. ^ 

A. AA'ard 4, precinct 7, the seals are intact. The canvas envelope seal is in¬ 
tact Block 1, nothing; block 2- 

Mr. O’Connell. Exhibit 89, block 2. cross intersected on the line, or rather 
just below the line and against the name of Tague. 

A. Block 3, nothing. 

I^Ir. Callahan. Exhibit 88, counted for Peter F. 
block 3. 

A. Nothing in 4 and nothing in 5. , , . 

]Mr. O’Connell. Exhiliit 93, block 5, the cross started at Mr. 'Tague s name, 
was linished in the blank underneath, and evidently intended for Mr. T^gue. 

I^Ir. Callahan. AVard 4, precinct 7, block 6, Exhibit 92, counsel for Tague 
Mr. O’Connell. Have you the record book of ward 5, precinct 8, ot the 
primary of September 24, 1918? 

Mr. Burlen. Yes. -r i in 

Q. AVill you read what it says on the last page with reference to Joseph F. 

AValsh? 

Mr. Callahan. I object. n ^ ^ , t i m /-.-u 

A. .Toseph F. AATalsh, 13 Cambridge Street, was calculated by John T. Gib¬ 
bons, 107 Green Street. 

]\Ir. O’Connell. Isow, Mr, yon wniit to ngroo on tins, tlint it 

has been shown—you had better open precinct 5, ward 8, and get that ballot 

and have it marked. . -r n + 

]Mr. Callahan. You can find it here. This is the thing I call attention to, 

that you are asking the commissioners to commit a crime. Air. O’Connell is 
going to suggest something, and it probably will be a bright idea. 

Mr. O’Connell. I insist they open up precinct 8, ward 5. 

A. These have not been out here. 

Q. Isn’t it here?—A. No; that is in the vault. 

Q. Then Inive it opened up.—A. Can’t you leave it until later? 

O AA^ell, we will have it produced later. Now, Air. Burlen, will you- 

aYi’. Callahan. Now, isn't this true, that if there were any votes challenged 
that day, those challenged votes are in these boxes. 

Air. O’Connell. That is what he has read. 

Air. Callahan. That is all you want. 

Air. O’Connell. AA’e want the ballot showing the vote for Air. AA alsh. 

Air. C.ALLAHAN. A’Oil liave no right to show it before witnesses. 

Air! O’(’ 0 NNELL. AVe have a right to show It before the congressional committee. 
Air. Callahan. This is not the congressional committee. This is a committee 
by power of statute. 


Tague, ward 4, precinct 7, 




TAGUE VS. FITZGERALD. 


261 


]\rr. O’CONXELL. 
^Ir. Callahan. 
]\Ir. O’Connell. 
Callahan. 
O’Connell. 
Mr. Callahan. 
Mr. O’Connell. 
Mr. Callahan. 
]\rr. O’Connell. 
Mr. Calt.ahan- 


I want that ])allot, to show how it is marked. 
If INIr. liiirleii wants to commit a crime- 


Mr 

i\Ir. 


I am ()lfering' it for Congress; no other reason. 

Isn’t it true yon said yon wanted to show how he voted? 

I offer that ballot for the inspection of Congress. 

Isn’t it true yon said yon wanted it to show how he voted 
That is true. 

Do yon mean to say that is going to be a part of this record’ 
Absolutely a part of this record. 

1 71 ^ ^ commissioners that the instant they pro¬ 

duce that ballot we will swear out warrants against them. 

n« nm‘n''' I/”i^Jt'rstand Mr. O’Conneli simply wanted the exhibit marked 

am] John Smith, so that the vote can be identified 

and 1)1 ought hetore the congressional committee at Washington. 

and mmiher of things, and the secrecy 

CLO of the ballot is a thing that has to he maintained more than anv- 

invL 1 w’ the legislature has made it a penal offense for 

aiD body to di.sclose any intormation in regard to a challenged ballot. 

Aotaij t>p.KMAN. \oii misiinderstaiid my statement. 

Mr. Callahan. I do not misunderstand yoiir statement. 

Notary Bekhan. M e will mark it for identification. 

Mr. O’Connell. Let ns get them out of onr way, anyway. Pending that, Mr. 
Bnrlen, I ask yon to produce the record of the primarv of September 24 1918 in 
ward D precinct 4 and I ask yon to read for ns that part of the record beginning 
at the boBoin ot the page, after—or begin at that part of the page which states 
what took ])lace after the officers were sworn in 

A. Ward 5, precinct 4. The 24th day of September, 1918. The polls were 
opened at 6 a. in and closed 4 p. in. Key to ballot box was found 8.15. The 
whole number of ha lots having gone in being sorted and counted in the manner 
provided by lacv. The count cvas- 

Connell. I call your attention to the difference in ink, 4 p. in., and the 
difference in the rest of it. 

Callahan. I submit that has got to be put in as an exhibit. 

Mr. O Connell. Nmv, will you turn to the number of votes cast? The next 
thiee pages has nothing to do with what we have in mind. Will you read it’ 

A. At the opening of the polls and before any ballots \vere cast the ballot box 
registered 000 and at the close of the polls registered indicating . Officers 

in charge of the voting list counted the men’s wdiole number of names checked 
on said list to be Male voters, . Female voters, none. Ballot 

officers then removed the ballots from the box and cast them to be counted one 
b.\ one and announced the whole number of ballots cast to be—men’s ballots, 

; women’s, ballots, none; wdiole number cast and counted to be as recorded 
and tabulated, . Ballot box skipped 10. 

Q. Tliat was evident the ballot box had skipped 10. I now introduced that rec¬ 
ord and ask to have it marked as an exhibit. Exhibit —, primarv record ward 5 
preeliict 4, SepteniDer 24, 1918.—A. I don’t want tliis marked. 

Notary Kekm.\n. It i.« offered as an exhibit, and the iinder.?tandin£r is it is in 
as an exhibit and to be here if called for? 

A. Yes. 

Q. I ‘isk you to produce the record of w'ard 5, precinct 5, of the primarv of 
beptember 24, 1918, and ask you to read what the clerk records with reference ' 
to the ballot box.—A. The Slate ballot box registered before the polls wxre 
opened tXX). This is ward 5, precinct 5, record of the primaries of September 24. 

t the close of the polls it wus 21 1 . Number of names checked on the voting list 
and used on the ballot box was , and number of ballots used in ballot box 

v/as 236.^ I guess you will agree on that. 

Q. 236 blurred and 236 written out.—A. 236 blurred and 236 written out. The 
result of the vote was publicly announced to be . Hyman Devine clerk 

Mr. O’Connell. I ask to have it marked. 

Notary Beraian. The same is true of this one. 

Q. Have you the record of the primary of September 24, ward 6, precinct 5’_ 

A. Yes. 

Q. A\ ill joii pioduce it, please? -A. Do you mean the election or the 
recount ? 

Q. I W)int them of the primary. 

Mr. Callahan. That is, you want the primary and recount? 




262 


TAGUE VS. FITZGERALD. 


Mr. Harkington. I asked to have certified copies, and they said they would 

furnish them for me. ^ i 

:yir. O’Connell. When are they going to have them? Will you find out from 

Mr. Mahoney when they can have them? 

Chairman Blfelen. I can tell you. When do you want them. 

]\Ir. O’Connell. AVe want them now. 

Chairman Burlen. It is pretty hard. , , 

Mr. O’Connell. AVe want certified copies of the votes cast at the primaiy 
on September 24, both the original and the recount results, in the whole con- 
gressional district, being wards 1, 2, 3, 4, 5, and 6 . We also ^yant a certified 
copv of the votes cast on election day in that whole congressional distiict 
waixls 1 , 2 , 3 , 4 , 5 , and 6 —showing the result of the counting, precinct by 
lirecinct,' and certificate used in connection with that challenged vote of Joseph 
<11 Sll 

Q. Now, then, we want to get this election of ward 5, precincts 6 , 4, and 8 , 

^ Mr.^ Callahan. Now, before you go ahead with that, Air. O’Connell, I want 
to call your attention once more to the statute and to say that you or these 

commissioners or their employees have no right to look on the faces of those 

ballots that are challenged. If you do, you will make it incumbent upon us to 
go and secure warrants for you and the commissioners. 

Air. O’Connell. You go and get all the warrants you want on me. Any man 
in this town who can secure a warrant on me is welcome to do it. I am here 
for Air. Tague, and I am going to get this vote before the congressional com¬ 
mittee. , , ^ „ 

Air. Callahan. I know what you have done, but not what you are going 

to do. , „ ^ 

Air. O’Connell. AA> don’t want to look at the ballot. 

Notary Berman. I think. Air. O’Connell has made his position clear on these 

ballots. , , , ^ ^ ^ 4.1 • 

Air. Callahan. All I say is that they should not be brought out before this 

commission. ^ .u i 4.1 

Air. O’Connell, l^ou have said that at least five times, and I understood the 

first time as well as now. , n 4 . 

Air Callahan. I say you have no right to look at the face of these ballots. 
Notary Berman. I have ruled these ballots may be segregated and marked 
for identification purposes, to be produced before the congressional committee 
in Congress. 

Air. Callahan. I don’t object to that. 

Air. Notary. Why don’t you wait before you holler fire? 

Air. Callahan. I have been waiting all day. I know what Air. O’Connell 
means, and I know what he will do if he is given a chance, and I simply want 
to cali it to your attention and the congressional committee later. I want 
restriction put on him, and then I want to see if he is going beyond that 

restriction. , 

Chairman Burlen. Ward 5, precinct 4, the seals intact. This is the election. 
Q. There are two challenged votes, but there were many others that were 
challenged.—A. Look at the back of the ballot. Look them all over quickly. 

Air. O’Connell. And at the same time I want marked for identification the 
ballots in which assistance was given. 

Air. Callahan. I shall object to that, and I want my objection noted. 

Notary Berman. You may note Air. Callahan’s objection, and Air. O’Connell 
niav have the ballots produced if he desires them. 

Air. Callahan. Do I understand now that you are going to call attention to 
some special ballots here that you know are challenged? 

Air. O’Connell. Challenged or marked for identification or assisted by the 
warden. 

Air. Callahan. Do you mean you are asking for all ballots that are chal¬ 
lenged? 

Air. O’Connell. Yes, sir. 

Air. Callahan. Will you please note my objection to all these ballots that 
have been challenged? 

Notarv Berman. Note Air. Callahan’s objection. 

Air. Callahan. Do you say. Air. O’Connell—I don’t want to poke fun at you, 
but if you recall being here at the recount of the election, you know perfectly 
well all these challenged ballots are in these exhibits you took out the other 
day. These 1,300 exhibits included all the challenged votes of ward 5 on elec- 



TAGUE VS. FITZGERALD. 


263 


I don’t see that you are going to add 


tion day. These things are exhibits, and 
anything by going over it again. 

every box; six or eight. 

nrAH,;}./Burlen?—A. That is a ballot of ward 5, 

Street K* DiFatta, People’s Palace, Brookline 

Stieet, Boston, and then Michael Backer, 24 Allen Street, Boston.” 

Aotary Berman. It is marked. 

vote^’ l‘i^ve it marked for identitication as a challenged 


Mr. Callahan. It is marked. It is an exhibit. 

Mr. O’Connell. Now, look at him, violating the law. 

Mr. Harrington. What are you doing? Your statement 
the face of the ballot was against the law and you were 
body arrested. Now, you are the tirst one arrested 
tirst one. 


M’as that looking at 
going to have every- 
Now, you are the 


M ard 5, precinct 4, Exhibit 54, according to the tag that 


Chairman Burlen, 
is on the outside. 

Mr. O’Connell. Is this the one? Ward 5. iirecinct 4, block- 
Chairman Burlen. Ward .5, precinct 4, block 3. 
iNIr. O’Connell. AVhat is the name? 

^Ir. Callahan. I object. 


Notary Berman. Note INIr. Callahan’s objection. It may be admitted 
A. John Hurley, 8 I’ine Street, by Michael Backer, 24 Allen Street, Boston. 
Air. O’Connell. These votes are challenged, and are introduced as exhibits 
because the voter had no right to vote in that ward for Congress. 

iNIi. Callahan. Please note my objection at the end, that is comment with¬ 
out any evidence or supplementary evidence, as my brother says. 

Mr. O’Connell. That should not have been counted for Air. .John F Fitz¬ 
gerald. 


All. Callahan. I object to that comment. M e wish to hav’e some real 
evidence. 

A. AVard 5, precinct 6. The seals are intact. 

Air. O’Connell. I will now introduce this ballot and have it marked as an 
exhibit, and I ask to have it marked. Will you mark it, Br. Burlen, so it will 
have your stamp on it or the board’s stamp on it, or whoever does this thing? 
I am introducing this on the claim that the vote for John F. Fitzgerald should 
not be counted, Air. Alancovitz not being duly registered. 

Air. Callahan. I object to that because there is no evidence before this com¬ 
mission that man voted for John F. Fitzgerald. 

Air. O’Connell. Do you want us to show it? 

Air. Callahan. How can you show it? 

Air. O’Connell. Do you \vant us to show how he voted? 

Air. Callaha-'n. I suppose you wiU tell Congress what to do. 

Air. O’Connell. I will advise them, if necessary if they ask my advice. I will 
certainly tell them John F. Fitzgerald was not elected.' 

Air. Callahan. I guess you will, and then you will walk home. 

Exhibit Al. Ballot of Israel Alancovitz which was challenged by Alichael 
Backer across the front of it, on the ground Air. Alancovitz had* no right 
to vote. 

Air. Callahan. If you can’t make a better argument than that you won’t waste 
any time. 

A. AVard 5, precinct 8, the seats are intact. These are the challenged ballots 
all in ward 5, precinct 8. Why isn’t this number identitication enough without 
reading these names? 

Air. O’Connell. No; we have got to read the names. 

ChaiiTnan Burlen. This identities that ballot. 

Air. O’Connell. It does not for the purpose we are putting them in. 

No. 1208 is also in question because it was voted by Peter Duculo, who was 
challenged by Alichael Backer. 

No. 1209, Henry F. Alarks, 19 Causway Street, challenged by .John T. 
Gibbons. 

No. 1168 Henry F. Aloran, also introduced to have it not counted for John 
F. Fitzgerald. This ballot was challenged by John T. Gibbons on the ground 
of illegal registration. 

No. 1180, being the vote of Alartin Alanning, 19 Causeway Street, who was 
challenged by John T. Gibbons. 

No. 1216, Charles T. Alaynard, challenged by John T. Gibbons on the ground 
of illegal registration. 



284 


TAGUE VS. FITZGERALD. 


No. 1213, Jolin ]\EcGowan, challenged by John T. Gibbons, on the ground of 
illegal registration. 

No. 1212, being the vote of Edmund A. Plummer, 13 Cambridge Street, chal¬ 
lenged by John T. Gibbons on the ground of illegal registration. 

No. 1211, Frank .T. Dowd, 13 Cambridge Street, challenged by John T. Gib¬ 
bons, on the ground of illegal registration. 

No. 1214, David J. Dyer, 19 Causeway Street, challenged by John T. Gib¬ 
bons on the ground of illegal registration. 

No. 1210, being the vote of Charles H. Meadows, 39 Cambridge Street, chal¬ 
lenged by John T. Gibbons on the ground of illegal registration. 

No. 1217, being the vote of Richard Porter, 19 Causeway Street, challienged 
by John T. Gibbons on the ground of illegal registration. This ballot was 
marked with the assistance of Dominick Barl>era. 

No. 1203, ballot assisted by Dominick Barbera. 

No. 1202, assisted by Dominick Barbera. 

No. 1219, the ballot was marked by my assistance, John W. Manning. 

No. 1206. This ballot was marked with the assistance of Warden John W. 
IManning. 

No. 1201. This ballot was marked with my assistance, John W. Manning. 

No. 1207. This ballot was marked with my assistance, .John W. Manning. 

Chairman Burlen. Does the name of the person voting appear? 

IMr. O’Connell. No. 

No. 1204. Assisted by Dominick Barbera, 

No. 121^, Marked “This ballot was marked with my assi.stance. Warden 
John W. Manning.” 

No. 1220. IMarked “ This ballot was marked with my assistance, John W. 
Manning.” 

No. 1205, which is marked “ This ballot was marked with my assistance, 
John W. Manning.” 

No. 1215, Avhich is marked “ This ballot was marked with my assistance, 
John W. Manning.” 

No. 1221. Marked “Assisted by Dominick Barbera.” 

IMr, O’Connell. All these ballots being in precinct 8 of ward 5 and are all— 
with the name being omitted—and all introduced as showing conspiracy exist¬ 
ing in ward 5, precinct 8, on that date, reference being made particularly to the 
testimony of Mr. Gibbons. 

Q. Now, Mr, Burlen, I call your attention at this time to the records of 
ward 5, precinct 8, on that and ask you if there is any record of men being 
assisted?—A. That is the election November, 1918? 

Q. Yes.—A. I don’t find any record. 

Q. There is no record, then, made of it, and there is no way of telling, as 
the ballots stand, vdio these men voted for? 

Mr. Callahan. Of course, the law would prevent that. You have got to 
protect the secrecy of the ballot. 

IMr. O’Connell. I am introducing these ballots and ask that they be not 
counted for .Tohn F. Fitzgerald. 

IMr. Callahan. I object to that, because there is no evidence here they were 
counted for John F, Fitzgerald. 

Mr. O’Connell. On the ground that the voter’s name should be designated 
in accordance with the law of Massachusetts, I now introduce into the record 
the acts of 1914, chapter 435, amended by section of the acts of 1916. In 
section 294 of the acts of 1913, amended in 1916, it reads as follows: 

“ Sec. 294. A voter who declares on oath to the presiding officer that he had 
the right to vote on the 1st day of May, 1857, and can not read, or that from 
blindness or other physical disability he is unable to prepare his ballot or to 
register his vote upon a voting machine, shall be assisted in such marking or 
registration by any qualified voter whom the aforesaid voter shall designate. 

“ Second. This act shall take effect upon its passage, 1916, and being chapter 
807 of the acts of 1916.” 

And I call particular attention to the fact that none of the ballots which 
have been introduced have complied with that section, no oath having been 
taken by the voter and the records not having any statement to that effect. 

Now, section 281. In reference to the reading of the clerk’s record of pre¬ 
cinct 4, ward 5, primary day, which was read by Mr. Burlen a short time ago, 
I would introduce chapter 835 of the acts of 1913, section 281, which reads in 
part as follows: 

“ If it becomes impossible to use the State ballot box the voting shall pro¬ 
ceed in such manner as the presiding officer shall direct and in such case the 


TAGUE YS. FITZGERALD. 


265 


board as to the fact that 
1918, and at tlio oloction 
is snjro-ested by evervbod\ 


close an attested^ such ballot box M'as not used and shall in- 

The provisions as In tilsuch record in the envelope with the ballots cast, 
applicahir 1} custody of the State ballot box shall, so far as 

tention to tl e far*t that fi box substituted therefor.” Therefore I call at- 
it w^s so used. ^ ^ ^ ^ ^ i-ecorcl does not comply with the law if 

.a^r ns^tn’tiiVrlfl^””!^..! introduce the testimony of the election 

certain men voted on primary day, September 24, 
on November .5. Now, then, I understand that it 
.. , ' ; that the easiest way out of this will be to have 

off -ivin<!^'lisT^’^^ them 

deuce of Dia h^ certified copy which we will introduce into the record as evi- 

m inta^n w exhibit, showing that certain.men voted who we 

mainrain had no right to vote. 

Mr. (^\LLAHAN. Of course, you understand I don’t airree to that 

repmvi pe record of .1. Hyde White, which is in the 

timT ^ being so, I ^yould ask the hoard—we will offer the board at this 

Time Ttie names and would ask- 

Notary Rerwan. T think, Mr. Burlen, you might discharge your office force. 

nrl ^ ^^owiistuirs aiul open up the vault, and they 

me both locked. M hy wouldn t this be a good suggestion: Why not send over 
and have it come over, what you desire here? 

Mr. OT’oxxell. I am giving it to you now. I have the list right here. 

( hairman Bttrlen. The original list showing .T. Hyde White of those voters 
accoiding to that list, that voted at the primary on September 24, and election 
day. November 5. 


IMi. Harrington. M e want a certified copy of the check list containing the 
names of these voters. AVe request the name which is on them and whatever 
qualification authorizing the check list. 

Chairman Bttrlen. How many are there? 

Mr. Harrington. T should say about 2,50 or 300. 

Chairman Burlen. And you have got all through, except that? When you 
get that. Ml. O Connell, are you through with the services of this board? 

5Tr. C’Conatell. AVait a minute. I don’t know whether I am or not. Joseph 
Walsh was challenged. 

Notary Berman. Why can’t you assume it is in evidence? Why can’t you 
offer thay ballot in evidence at this time to he produced at a later date? 

Mr, O’Connell. We offer, then, at this time the challenged vote of Joseph T. 
M alsli, in ward 5, precinct 8, 13 Cambridge Street, vote challemred by John T. 
Gibbons, acting record clerk. 

Mr. Callahan. Over my objection. 

Notary Berman. Over the same objection you have been offering throughout 
the hearing to-day. That may he noted. 

Mr. O’Connell. 'When can we have these. Mr. Burlen? 

Chairman Burlen. When do you want them? 

Mr. O’Connell, I would like to have them to-morrow. 

Chairman Burlen. The day after to-morrow, 

IMr. O’Connell. All right. Let us have them at your earliest convenience, and 
when you do let us have them, some member of your board would better appear 
with them. 

Chairman Burlen. We shall make a certification. 

Mr. O’Connell. T don’t want a certification. I want one of the members of the 
board to state the lists have been gone over and you found them correct. That 
will save checking over. , 

Chairman Burlen. We will make the certification also. 

Notary Burlen. There being no further business here, the hearing is adjourned 
to the Federal building, room to be assigned to us, to-morrow morning at 10 
o’clock. 


IMarch 5, 2.30 p. M. 

IMr. BURLEN, recalled by IMr. O’Connell, 

Q. What is your name?—A. Melancthon W. Burlen, . 

Q. And you are chairman of the election commission?—A. I am. 

Q. You are called to the stand to furnish a list of those men who voted at the 
primary election in the tenth congressional district?—A, A list as made by ^Ir. 
Harrington, some of which are marked as not being on the voting list. 

Mr. O’Connell. Now, then, I offer this list. 

Notary Berman. That list may be identified and marked. 



266 


TAGUE VS. FITZGERALD. 


Mr. O’Connell. This list of names has this appended to it: “ Boston, March 5^ 
1919. M e certify that the foregoing names appear on the voting list of the city 
of Boston as registered in the tenth congressional district. In each case where 
oiir records show a name was checked as having been voted either at the State 
primary or State election, a star (*) appears against that name either in the 
State primary or State election, as given. Attest, board of commissioners, Mel- 
ancthon W. Burlen, chairman.” 

Exhibit 39. List of voters at State primary and State election. 

Exhibit 40. Certified copy of the votes cast in State election, together with 
copy of record of the recount. 

Exhibit 41. Certified copy of the votes cast in State primary, together with 
copy of record of the recount. 

Q. You have also brought down a certified copy of the returns of the primary 
and also of the election in the tenth congressional district?—A. I have. 

Q. With a certificate that the appended sheets are a true copy of the number 
of votes cast for Congressman in the tenth Massachusetts congressional district 
at the State election, November 5, 1918, together with a true copy of the record 
of the recount? 

Mr. Callahan. AVhich is it? 

Mr. O’Connell. That is the one. Seven sheets attached to it. I offer that 
as an exhibit and ask to have it marked. 

Mr. O Connell. ‘‘ March 5, 1919. We certify that the appended sheets con¬ 
tain a true copy of the record of the number of votes cast for Congressman in 
the tenth congressional district in the State election held November 5, 1918,, 
together with a true copy of -the record of the recount of the votes cast at 
said election. Attest, board of election commissioners, Melancthon W. Burlen, 
chairman.” 

Q. These are the official returns of what took place at both the primary 
and election last fall at which Peter F. Tague and John F. Fitzgerald were 
candidates for election?—A. They are. 

Q. This is a list of all who voted at the primary; describe how that list 
was made up.—A. We took the original lists, with three clerks in our office, 
and had the names read to the stenographer and the information conveyed 
to him by these three clerks, and after that list was made up three other clerks 
went through the list to see if it was correct. 

Q. You are obliged by law to keep the names of those who vote at our 
primary and election?—A. Yes, sir. 

Q. And this list is made up from the original?—A. From the original list. 

Q. Now, Mr. Harringon gave you this list—gave you these memorandums?— 
A. He did. 

INIr. O’Connell. Now, Mr. Burlen, we want to put the original into the rec¬ 
ord—the check lists used at the primary and State election. What is the most 
convenient way of having that done? 

Mr. Callahan. There is only one way ; the statute requires this, doesn’t it* 
Mr, Burlen? 

(]\Ir. Burlen makes a statement, not for the record.) 

Q. We want to have the original lists marked so that they can be impounded 
at the proper time to be sent to Washington, if the congressional committee 
decides they want them. We will go up there to-morrow?—A. Sure. 

Q. Because there will be a few other things that have got to be done that 

might as well be done in that office. What about 11 o’clock to-morrow?_A. I 

will be there if you wish it. 

(Discussion as to time.) 

Q. Suppose we make it 12 o’clock to-morrow'? 

(Mr. Burlen was here excused until 12 o’clock, Mar, 6.) 

March 6 , 1919, at 12 m. 

Notary Berman. Mr, Brogna, junior counsel for Mr. Fitzgerald, is here and 
we will proceed. ’ ’ 

Redirect examination by IMr. O’Connell —Continued : 

Q. IMr. Burlen, requesting you to resume your testimony of yesterday after¬ 
noon, which was interrupted in order to get these records, have you the letter 
sent you by corporation counsel of the city of Boston, IMr. Whiteside with 
relation to whether Mr. Tague should be permitted to see the unused Imllots 
of the primary on September 24 which had been withheld from him by the 
election board, concerning which a complaint was made to the mayor, and in 


TAGUE VS. FITZGERALD. 


267 


consequence of which this board was notified by the corporation counsel to 
show them to him?—A. I have a letter. 

Q- ill read that letter, please?—A. This letter was dated October 2, 
IJJ.S, and the hoard makes this notation on the top of the letter: “This infor¬ 
mation was asked for verbally. No request in writing was made.” 


City of Boston, Law Department. 

I>oARD OF Election Commissioners, 

Citij Hall, Boston. 

Gentlemen : I understand that you desire my opinion on the following 
pomts: (1) Can the voting list as provided for‘by statute of 1913, chapter 
S35, part 1, section 85, he opened, examined, and inspected by the board? (2) 
Are clerks’ records and official returns open to public inspection? (3) On a 
recount, has the board the right to open and examine ballots not cast? I should 
answer these questions as follows: 

“ I should answer question 1 in the affirmative. The voting lists might con¬ 
tain matter pertaining to the votes cast and material on the question of the 
recount; therefore I believe the board has the power to examine these lists. 
If it is to do so, I think in order to satisfy all parties that the recount is con¬ 
ducted with absolute fairness there is no objection to allowing the contesting 
parties to make such reasonable inspection as they may wish of these voting 
lists while the board itself or its agent is examining them. * 

“ 2, I should answer this question in the affirmative. 

“ 3. I am of the opinion that the ballots not cast, contained in sealed packages 
and certified as uncast ballots by the officers in charge of the polls, can be 
examined by the election commissioners at their pleasure so long as they legally 
have them in their possession. If, as I understand here, one party to a con¬ 
test has raised the question that ballots which should have been cast were 
through inadvertence or fraud placed among the uncast ballots, I believe the 
election commissioners have the power to open and examine uncast ballots to 
ascertain if this charge is true. If they are to do this, it would seem to me 
expedient that they should do it in the presence of both parties to the contest 
or their representatives so that the result of their examination would be known 
to both parties, 

“ Yours, very truly, 


“Alexander Whiteside, 

^‘Corporation Counsel.''^ 


i\Ir. O’Connell. I now introduce that as an exhibit and ask to have it 
marked. 

Exhibit 47. Letter of corporation counsel, Alexander Whiteside, Esq., to 
board of election commissioners, October 2, 1918. 

INIr. O’Connell. Now, Mr. Callahan, are you willing to permit the election 
commissioners to strike off a copy of that and certify to it as being authentic? 

Mr. Brogna. It is in the record all right. What do you want it for? 

yir, O’Connell. It is already read into the case. All right. 

Q. Now, have you the official call for the primarj^ that was held September 
24, 1918?—A. We are having it made for you. It is being copied from the 
press copy. 

]\Ir. O’Connell, I introduce at this time certified copy of the call of the pri¬ 
mary Septemlier 24. 

Q. Have you the precinct book and copies of the recount record?—A. We have 
those here. 

Q. Have you the petitions originally submitted by Mr. Tague for the recount 
of the primary? [Taking paper,] I offer that as an exhibit. 

Mr. Brogna. These, as I understand, are official papers belonging to the 
election board, not to be taken out. 

Notary Berman. The same rule—you don’t mean certified copies of these? 

INIr. O’Connell. No. 

Notary Berman. The same rule with reference to impounding the notices, 

Mr. O’Connell. Mark them as an exhibit. 

]Mr. Brogna. Of course, we don’t object to any certified copies. 

IMr. O’Connell, Why not put these in as originals? Mark each one as an 
exhibit? 

Chairman Bi'rlen. You can mark them as exhibits, if you want to. Which 
is it now, Mr. O’Connell? 

iMr, O’Connell. The primary. 


268 


TAGUE VS. FITZGEEALD. 


]Mr. Burlen. There is the primary. You can mark that. 

Exhibit 48. Petitions for recount of the primary in wards 1, 2, 3, 4, 5, and G. 

Mr. Burlen. Yon want the recount of the election with them? 

Mr. O’Connell. Yes; let them go in now. 

Exhibit 49. Petitions for recount of the election in wards 1, 2, 3, 4, 5, and 6. 

Q. Have yon the clerk’s report of the primary of ward 5, pecinct 8?—A. Yes. 
ill yon read the last page of that first report of the primary? 

Mr. Brogna. Now, just a moment, before this is in. If there is an exhibit 
going in. it ought to go in. 

l\Ir. O’Connell. It has all gone in except the last page. That was omitted 
the other day. 

Mr. Brogna. Is that so, Mr. Chairman? 

^ Mr. Burlen. I have read this rei^ort through before, the whole of it, some 
time ago. 


IMr. O Connell. You did not read tlie last page. We stopped when you got 
down^to Walsh’s name, and then there was some confusion. 

A. “ Assisted Arthur W. Pierce, 19 Causeway Street, eyesight bad; eye bad; 

'T- Crowley, 19 Causeway Street; bad eye; by warden. George 
M. Cornley, IGJ IMargin Street; assisted by warden. John A. Houghton, 19 
CausevGiy Street; liay eye; by warden. James J. Lavin. 

^ow, that is part of the clerk’s report of official action taken that day?— 
ber^ ^ P^ii't of the clerk’s returns at the primary held Tuesday, Septem- 


Q. Signed by him?—A. Signed, Morris Silverstein, clerk. 

Mr. O’Connell. I introduce that as an exhibit and ask to have it marked, 
^ii. Brogna. If it is in the record, what do you want of it as an exhibit? You 
fia\e read it into the record and it has become a part of the record. 

Aotary Berman. They may want to send it along. 

MrO’CoNNELL. May it be referred to as “ Exhibit 50,” lieing the clerk’s rec- 
proceedings at precinct 8, ward 5, on primary day, September 24, 

jyio : 

Exhibit 50 Clerk’s record of proceedings at ward 5, precinct 8, priniarv dav, 
September 24, 1918. . . ? 

Ml () Connell. Now, have you the clerk’s record for election dav on Novem¬ 
ber 4 of ward 5, precinct 4? 

Burlp:n. It says the 8th day of November. 

IMr. O’Connell. I guess that is the return for that day. ' 

Mr. Bitrlen. I guess it is the return for that day. 

Q. Will you read to me the clerk’s return of those who were chalenged in 
that precinct on election day?—A. I find the following record: 
lenged, Mr. John Hurley, G8 Causewav Street. Mr. Charles K 
Causeway Street.” 

Q. And that is all there is there?—A. That is all there is there. 

(}. No reason given for challenging or by whom it was challenged or anvthiim- 
else?—A. No. 


Votes chal- 
Di Fatta, G8 


Q. Will you read what is annexed about a defective ballot?—A. I find the 
words “ defective ballot. Through a misunderstanding a ballot was given 
Harris Rutsteiii by a mistake, which was defective, by the warden.” 

Mr. O’Connell. I introduce that record and ask to have it marked. 

Exhibit 51. Record of clerk on election day, November 4, 1918, at ward 5 
precinct 4. ’ 

Q. Now, have you got the record of precinct 8, ward 5, for election day*?—A I 
have. " ■ 


Q. Will you read that part which has reference to the challenged? Read 
me \\ hat it saj s. A. I find the following: “ The following-named persons’ 
votes were challenged on account of illegal registration: Henry S. Marks 19 
Causeway Street; Peter Dukelow, 19 Causewoy' Street; John T. Gibbons, 107 
Green Street; David J. Dyer, 19 Causeway Street; Martin Manning, 19 Cause¬ 
way Street; Ribhard Porter, 19 Causeway Street; John McGowan,’ 19 Cause¬ 
way Street; Francis J. Dowd, 13 Cambi-idge Street; Edmund A. p’lummer 13 
Cambridge Street; Charles H. Meadows, 39 Cambridge Street; Charles’ E. 
Maynard, 143 Court Street. Challenged by John T. Gibbons, 107 Green Street.” 

Q. Is that all the record says about the challenges?—A. Yes. 

Exhibit 52. Record of the clerk at ward 5, precinct 8, on election dav No¬ 
vember 4, 1918, last page. ’ 

Q. That is the last page of that record, containing what took place on that 
election day?—A. Yes. 


TAGUE VS. FITZGERALD. 


269 


Q. Now, Mr. Bnrlen, when yon are requested by the committee in Congress 
to piodnce papers, all these exhibits introduced are to be introduced at that 
time. That is understood, is it, Mr. Bnrlen?—A. Yes. 

Q. No\y, have yon the original lists of those who voted in the primary, Sep- 
' tember 24, in wards 5 and 6—A I have. 

Mr. O Connell. I now introduce them and offer them in evidence. 

Exhibit 53. Eleven envelopes containing check lists of the ward 4 primaries, 
September 24, 1918. 

Exhibit 54. Nine envelopes containing check lists of ward 6, State primarv, 
September 24, 1918. 

Q. Have yon the votes cast and the voting lists of those who voted on election 
day in wards 5 and 6 in Boston?—A. I have. 

Mr. O’Connell. I offer them and ask to have them marked as an exhibit. 
I am offering both of these lists at this time as a part of onr evidence to show 
by the original records that many of those names whom we have alleged to 
have voted illegally at both the primary and the election day did, as a matter 
of fact, vote, and that their votes should be thrown out. 

Exhibit 55. Eleven envelopes containing check lists used at the State elec¬ 
tion, November 4, 1918, ward 5. 

Exhibit 56. Nine envelopes containing clieck lists used at the State election, 
November 4, ward 6. 

Mr. O’Connell. Now I want to introduce all the votes. 

(}. Have yon, as election commissioner of the city of Boston, all the votes 
that were cast at the primary on September 24 in wards 1, 2, 3, 4, 5, and 6, 
which is the tenth congressional district, and also all the votes that were cast 
at the election, November 5, 1918, in wards 1, 2, 3, 4, 5, and 6?^—A. According 
to your request, these ballots have been retained here in the vaidt. 

Mr. O’Connell. I now offer all these ballots and ask to have them impounded. 
Mr. Notary, will yon order these ballots impounded? 

Notary Bekman. Mr. Bnrlen, the ballots are now ordered impounded and 
left in your custody until called for by such process as Congress or its com¬ 
mittee may issue. 

Mr. O’Connell. But subject to your orders. 

Notary Bekman. 'But subject to a request from me to send the papers and 
ballots to Washington. 

Mr. Bkogna. I question at this time whether his honor has any right to take 
the ballots from their proper place. 

Notary Berman. I am of the opinion that the papers necessary may be im¬ 
pounded and sent, and as that may be done at such time as may be necessary to 
have it done for the protection of myself and Mr. Mancovitz as I may decide 
necessary. 

INIr. Bkogna. As one of the counsel for Mr. Fitzgerald I want to say now that 
we object to the ballots being taken from the office of the board until we have 
authorities to show whether they can be taken from here without an order 
from Congress. 

Mr. Harrington. That is understood. 

]Mr. Burlen. I think the board will protect itself in this matter. Of course, 
it is thoroughly understood, Mr. Mancovitz as notary, has a right to examine 
these ballots. 

Mr. O’Connell. You started, Mr. Berman, to make a statement. 

Notary Berman. It was a statement with reference to all papers, books, and 
ballots, books, and stickers and other memorandum pertaining to the primary 
and to the election which are ordered impounded and to be sent to Washington 
at such time as may be ordered by Congress, its committee which hears the 
case and myself, and are left in the custody of the board. 

Mr. Burlen. You have no objection to sending the proper communication at 
that time? 

Notary Berman. At that time. 

]\Ir. Burlen. At any time. 

Notary Berman. Yes: at such time when we are ready to make the request. 
Mr. O’Connell. In order that you may have it as a matter of record? 

Ml*. Burlen. I think so. AVhat you want is the primary and election ballots 
rnd papers? 

Mr. O’Connell. Yes. 

Notary Berman. Now, does that finish the work here at the election com¬ 
mission? 

l\fr. O’CoNNEix. I think that is all, at the present time. 


270 


TAGUE VS. FITZGEKALD. 


Mr. Biirlen. Gentlemen, I shall be here until to-night at 5 o’clock. If there 
is anything you think of- 

Mr. Beogna. It is understood that the order to impound will not interfere 
with our going over the paraphernalia in this case. 

Notary Berman. We will ad.lourn to the Federal Building at 2 o’clock. 

Mr. Brogna. For what purpose? 

Notary Berman. This hearing is adjourned until 2 o’clock at the Federal 
Building, room 442. 


Commonwealth of Massachusetts, Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
MH-iting the testimony of the witnesses in the contested election of Peter F. 
Tague V. John F. Fitzgerald, having tirst been duly sworn by the notary, do 
hereh.v make affidavit that I Imve trul.v and correctly recorded and transscribed 
the evidence of the above witnesses Muthiii this book. 

Gertrude S. Cole. 

Boston, Mass., May 5, 1919. 


Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of her knowledge and belief. 

'Abraham C. Berman. 


Commonwealth of Massachusetts, Suffolk^ ss: 

I hereby certify that the foregoing in this volume, containing about 31 pages, 
together vith the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter F. 
Tague V. John F. Fitzgerald, beginning February 19, 1919; exhibits herein re¬ 
ferred to are marked as described and made part of this record. 


Boston, Mass., May 5, 1919. 


Abraham C. Berman, 

Notary Public. 


Boston, March 1919 — 10.20 a. m. 

CATHEltINE C. LEVERONI, sworn: 

Direct examination by Mr. O’Connell: 

Q. Mrs. Leveroni, your full name is what?—A. Catherine C. Leveroni 
Q. And where do you live?—A. No. 32 Carmel Street, Chelsea. ’ 

Q. How many years have you lived there?—A. Since the Chelsea fire, almost 
11 years ago. 

Q. You are the wife of James T. Leveroni?—A. Yes. 

Q. And his business is vhat?—A. Well, he works on Blackstone Street in a 
restaurant. 

Q. Wilfert’s restaurant?—A. Y^es. 

Q, That’s 69 Blackstone Street?—A. Y’^es, sir. 

Q. How many children have you?—A. Eight. 

Q. And their ages?—A. From 23 to 5. 

Q. And those children, the young children, go to school in Chelsea?_A Y^es 

Q. Does your husband vote in Chelsea?—A. Y^'es. 

Q. You don’t live at the New England House?—A. No; I don’t. 

Q. You didn’t live there the 1st of last April?—A. No, sir. 

Q. And you never lived there?—A. I never did; no. 

Q. And during all these- How many years were vou married, would vou 

say?—A. About 24. . ‘ * 

Q. And during this time you have always lived with Mr. Leveroni?_A. Yes 

Q. There was no separation, of course; of course not?—A. No. 

Q. He is home every night with you?—A. Well- 

Q. Except occasionally, when he is out?—A. Occasionally. 

Mr. O’Connell. I think that’s all. 

Katherine C. Leveroni. 

GEORGE W. I*OGGI, sworn: 


Direct examination by Mr. O’Connell: 

Q. IMr. I’oggi, you volunteered here as a witness to-dav, did you*^—\ I "ot a 
summons, as I said, but my name wasn’t called. " • ^ ^ 

Q. You have been summoned and are willing to testify voluntarily’_A. 

Y"es. sir. 

Q. Give us your first name?—A. George W. 





TAGUE VS. EITZGEKALD. 


271 


50 Pleasant Park Road, 


Q. And what is your business?—A. Liquor business. 

,,.9' your sister, Victoria A. Pog 2 :i, 

A\mthrop?—A. Yes, sir; board there. 

Q. You board there, you say?—A. Yes. 

Q. Have you been there recently?—A. Oh, yes. 

Q.^ How many years have you been going there?—A. I haven’t been there a 

A 0R 1 • 


SO there?—A. I broke up my home and took a room 

at the Rossmore. 

Q. AVhen did you go to live in Winthrop is my question, Mr. Poggi?_A. I 

went there, not there quite a year, since my brother died. 

Q. Not quite a year?—A. Yes. 

Q. So about a year ago this time you were there?—A. Yes; yes. 

Q. And before that you voted at Orient Heights, East Boston’—A Yes* 
Avard 1. ’ 


Q. For a number of years?—A. Yes; very near 10 years. 

Q. And you are now living at 50 Pleasant Park Road?—A. l^es. 

Q. And you didn’t want to vote in Winthrop?—A. I never did. 

0* You didn t want to?^ A. I always voted in Boston on account of my line 
of business. 

Q. What is your line of business?—A. Liquor. 

Q. So, in order to protect your liquor business, you voted in Boston?—A. 
Yes, sir, 

Mr, H’Coxnell. That's all, 

Q. Have you got anything to do with the hotel registration at the Ross¬ 
more?—A. I got a room there. 

iMr. INIancovitz. Got a room there permanently? 

The AVitxess. I had one right along, sir. 

Mr. IMancovitz. You consider that your home? 

iMr. Hajikington. We object to this. There is no examination to take place 
by the other side. 

Mr. Berman. This deposition is being taken by counsel for Congressman 
Tague. Your attorneys have withdrawn. 

Mr. ]Mancovitz. Why don’t you ask him where his home is? 

IMr. O’Connell. I have asked him that. 

iMr. Mancovitz (to deputy marshal). If this is your room, if you want your 
room, you can order us out of here. We have no right to be here. 

Deputy Marshal. How soon will you be out of here? 

Mr. O’Connell. Just as soon as we can, Mr. Tighe. It is all right for us to 
be here; I went to Judge Morton and he gave us permission to use this room. 

That’s all, Mr. Poggi. 

George W. Poggi. 


JOHN D. FEENEY, sworn. 

Direct examination by Mr. O’Connell: 

Q. What is your full name, please?—A. John D. Feeney, 

Q. And where do you live?-—A. No. 39 Elm Hill Park, Roxbury. 

Q. Your business is what. IMr, Feeney?—A. Insurance l)roker, 

Q. AVhei’e is your place of business?—A. No. 70 Kilby Street. 

Q. Boston?—A. Yes. 

Q. How long have you been living out on Elm Hill Park?—A. Oh, about 
10 years. 

Q. M'hat did you say your first name was?—A. John D. 

Q. Where did you get the summons to appear here?—A. It was left there. 
Q. You are a married man?—A. No. 

Q. Who do you live with there?—A. My mother and father. 

Q. How long have you lived with your mother and father?—A. Since I 
was born. 

Mr. O’Connell. That’s all. 


THOMAS W. LUCAS, sworn. 

Direct examination by Mr. O’Connell: 

Q. Your full name, IMr. Lucas?—A. Thomas AV. Lucas. 
Q. You received a summons to come here?—A. l"es, sir. 
Q. AAMiere did you receive it?—A, Rossmore Hotel. 


272 


TAGUE VS. FITZGEEALD. 


Q. Yon have been living in Beachmont for how long?—A. Beachmont? I 
don’t live in Beachmont. 

Q. Ever stopped in Beachmont—I beg yonr pardon, Revere?—A. I stayed 
some years ago in Beachmont; I have a room in Revere. 

(h How long have yon had a room in Revere?—A. On and off there sninmers. 

Q. Have yon got that i-oorn in Revere now?—A. Yes, sir. 

Q. Do yon go there?—A. Sometimes. 

Q. How often do yon go there?—A. Whenever I feel like it. I have a room 
there and a room in the Rossmore Hotel. 

Q. How often do yon go there?—A. No particnlar time. 

Q. Are yon married?—A. No, sir. 

(J. Who occupies that house, 575 Beach Street, Revere?—A. I don’t know 
now. I nsed to live there. I think Herbert Watson. 

Q. Who?-—^A. I don’t know who lives there, whether Herbert Watson or 
who lives there. 

(h Do yon know Miss Wallace there?—A. No. 

Q. Are yon the same Thomas F. Lucas that is in the Revere directory at 
575 Beach Street?—A. Not Thomas F.; Thomas W. 

Q. I beg yonr pardon.—A. I have a room there; yes, sir. 

Q. I suppose yonr principal reason in rooming at the Rossmore Hotel is on 
account of the liqnor business there?—A. Not particularly. 

Q. That’s one reason, isn’t it?—A, One reason; yes, sir. 

Q. Isn’t it, Mr. Lncas, the real, the principal reason?—A. I can’t say so. 
I haven’t got my mind set that strong to say so. 

Q. Well, I suppose it’s about the fact, isn’t it?~A. I haven’t got my mind 
set so strong on it; possibly, I’m a little interested in the liqnor business, as 
you say. 

(}. You are interested a good deal in the liquor business, to the extent of 
living in Boston in order to get a license?—A. I’ve been in the business for 
21 years. I ought to have a little interest in it. 

Q. To carry out that interest, you want the right to vote in Boston?— 
A. Certainly. I have voted——- 

Mr. O’Connell. I think that’s all. Put in the record Mr. Callahan comes 
back. Do you want to cross-examine this witness? 

Mr. Callahan. I don’t want to cross-examine. Simply, you want to say 
what you started. I don’t want to cross-examine; I don’t want to hurt your 
feelings; you started to tell Mr. O’Connell that you voted in other wards in 
the city ; is that true? 

The Witness. In previous years. I got my tax bills- 

Mr. Callahan. Yes; you regard Boston as your home? 

The Witness. I vote and pay taxes. 

Mr. Callahan. You regard it as your home, don’t you? 

The Witness. Pay taxes. 

Q- (By Mr. O’Connell.) What taxes do you pay?—A. Single man’s tax; 
I'll show it to you. 

Q. How much is it?—A. $2. 

(). Didn’t you know how much it was?—A. Why, sure. 

Mr. Callahan. You want to offer that as an exhibit [indicating paper]? 

The Witness. No ; I don’t want to exhibit anything. 

]Mr. O’Connell. That’s all. 

PATRICK A. IMcDONALD, sworn ; 

Direct examination by IMr. O’Connell: 

Q. What’s your name?—A. Patrick A. IMcDonald. 

Q. AVhere do you live?—A. No. 205 Bay State Road, Boston, Mass. 

(). Do you vote there?—-A. Y’^es, sir. 

Q. What’s your business?—A. Hotel, wholesale liquor business, retail liquor 
business. 

Q. Where?—A. I’ve got live or six places, you want me to give the ad¬ 
dresses? 

Q. Among them is the Ketterer Hotel?—A. Yes, sir. 

(). Where is that located?—A. Nos. 170 and 168 Canal Street—172 and 168. 

Q. You were summoned to bring here the records of that house, were you?— 
A. Y>s, sir. 

Q. Have you got the register showing those who were at your house on the 
1st of last April?—A. No, sir. 




TAGUE VS. FITZGERALD. 


273 


tli^lst of l-isf An,- I f, slioxving who were at your house'the week before 
o wi?nt f i * o>- H'f iveek after?-A. I wasn’t asked to bring them. 

April 7 mo”’' To bring the records of my liotel from March 

Have you got any record.s at all of 1918, you mean?—A. 1919 
Have you got any records of 1918?—A. No sir. 

AVhere are they?—A. Destroyed. 

Who destroyed them?—A. Either the manager, my clerks, or 


24 to 
Q. 
Q. 
Q. 
Q. 
Q. 
Hr 
A. 


destroy them?—A. After the true name went into effect- 

1 ( ONNELL. John I, Fitzgerald is making a disturbance, 
r tter the true-name hill went into effect in August, it was necessary to 


destroy the records of the old. 

Q. ^yhen did >mu destroy these records?—A. August 2 or 3, along the early 
pait of August, I don’t know the exact dates. 

Q. Have you no records at all of your hotel concerning last May*^—A No sir 
Or April?—A. No, sir. ’ ' ^ ’ 

Have you got your cashbooks?—A. No, sir. 

Where are they?—A. Destroyed. 

Your ledger destroyed?—A. Under those date; yes, sir. The dates vou 
summoned me on I haven’t got, anyway. 

Q. So you destroyed the cash hook and ledger and everything on that time?_ 

A. H'e audit our hooks. I employed an auditor the year round, and I’ve got 
seven stores, and by so doing I know where I am. 

Q. Do I understand you had destroyed them as the result of the true-name 
hill?—A. No, sir. 


Q. 

(F 

Q. 

Q. 


Q. There’s nothing in the true-name bill that required you to destroy any 
books?—A. No. 

Q. Your answer is “No,” so they can get it down there?—A. No. 

Mr. O’Connell. That’s all. 


Cross-examination by Mr. Callahan: 

Q. Now, Mr. McDonald, I’ll ask you a few questions. You say just prior, or 
just after this new law went into effect, you audited your books?—A. We al¬ 
ways audit them. I keep an auditor the year round. 

Q. That was the final audit for last year?—A. Yes, sir. 

Q. AVill you show your summons, Mr. McDonald? 

(Witness produces summons.) 

A. I want this summons returned to me. 

Q. This is a summons to IVIr. Patrick A. McDonald, Ketterer Hotel. It sum¬ 
mons him to appear before the notary in room 395, Post (Jflice Building, the 
4th of March, and requested him-to bring with him the register of Ketterer’s 
Hotel for the days from IMarch 24 to April 7, 1919. 

(Summons returned to witness.) 

Redirect examination by Mr. O’Connell: 

• 

Q. Tell me this, how do you make out your income tax, both for the State 
an(l Nation, if you don’t keep your books?—A. I have an auditor, and he makes 
them out and he takes transcripts from our hooks. 

Q. And if, by any inspection of the transcripts, your income could not be ascer¬ 
tained, how could he find out, if yoiir books were destroyed?—A. He has some 
transcripts. Oui* register would not have anything to do with the income- 

Q. I am talking about the cashbook and the ledger showing your particular 
income: where are they?—A. AVe don’t have any books. 

Q. How could you make any income-tax return of either State or Nation 
without your books? I am talking about last April.—A. Our books are audited 
every month and he takes transcripts. 

Q. Then, do I understand you destroy your books?—A. Not every month; 
every six months or four months or a year. AYhen the hotel clerk fills the 
ledger, instead of filing it away we destroy them. AA"e don’t keep that ledger; 
we keej) a transcript. 

Mr. O’Connell. That’s all. 

IMr. Harrington. This man refuses to come back and sign for his testimony. 
He is going out. 

IMr. Kerman. AA’e will issue another summons. 

]Mr. Harrington. He said he wouldn’t, your honor. 

122573—19-18 






274 


TAGUE VS. FITZGEKALD. 


JOHN B. PISCOPO sworn. 

Direct examiimtion by Mr. O’Connell: 

(i. What is your full name?—A. John B. Piscopo. 

(}. \Miere is your residence?—A. No. 4.52 Audubon Road. 

(}. Your business?—A. No. 06 Causeway Street. 

Q. What is that business?—A. Hotel Lucerne. 

Q. You have been sunmioned to bring here records of your register last April 
1?—A. Y^es, sir. 

Q. Have you got the records?—A. No, sir. 

Q. Where are they?—A. We destroyed them. 

Q. You destroyed them?—A. In the hotel. 

Q. You are the owner, the only proprietor of it?—A. Yes, sir. 

Q. Did you give orders to destroy them?—A. Y^es, sir. 

Q. Have you got your book showing how much money you took in that hotel 
last year?—A. Got books showing the money; haven’t the names. It’s a cash¬ 
book. 

Q. How does it come you have a cashbook without having the names?—A. 
Names go on the register, and we have to take them from the register. 

Q. Have you cashbooks showing the situation, as far as your income was con¬ 
cerned, on the 1st of last April?—A. Just the amount? 

Q. Have you got them?—A. I presume I have in the hotel; I haven’t here 
with me. 

Q. You were asked to bring all books?—A. IVell, you says register; didn’t 
say books. 

Q. What books do you keep down there, in connection-A. We had a loose- 

leaf register. Now we have a regular book. 

Q. Can you tell from your cashbook the number of people who stayed at your 
hotel on tiiat night?-—A. No, sir. 

Q. Y^ou could not?—A. No. 

Q. Have you any records, books of any kind, showing the number of people 
who stopped at your hotel the 1st of April, 1918?—A. No. 

Q. All bookstand records were destroyed last August?—A. Yes, sir; all 
previous records. 

Q. And all l)Ooks of accounts?—A. There’s no accounts; everything is cash. 

Q. You run a cash house; everything paid by the night?—A. Yes, sir. 

Q. Is the liquor also in connection-A. Everything is cash. 

Q. Is the liquor also in connection with the Hotel Lucerne?—A. Yes. 

Q. You wouldn’t know who your guests were on the 1st of last April?—A. No, 
sir. 

Q. Is there anybody who would know?—A.-Well, I don’t know. 

Q. Who was the clerk there at that time?—A. Well, the fellow who was there 
isn’t there now. 

Q. Isn’t there now? Who was it?—A. Who was it? 

Q. What’sTiis name?—A. I think his name was Clory—C-l-o-r-y. 

Q. What’s his first name—A. Dregani—D-r-e-g-a-n-i. 

Q. How long had he worked for you?—A. Well, he was with me 10 or 12 
years. 

(}. And yon don’t know his full name?—A. I gave it. 

Q. What’s his address?—A. Couldn't say; 

Q. Any idea where he is or could be obtained?—A. I presume he can. 

Q. M'here?—A. In town. 

Q. Whereabouts in town?—A. I couldn’t say. 

Q. When did you last see him?—A. I saw him quite often. He used to be 
away and now he’s come back. 

Q. When did you discharge him, or when did he leave you?—A. He left in 
war time and went to work for the Government in Portsmouth. 

Q. When?—A. Some time last summer. 

cj. Just prior to the ballot-law hearing, wasn’t it?—A. Yes, sir. 

Mr. O’Connell. I think that’s all. 

Mr. BefvMAN. Mr. Piscopo, it’s necessary for you to sign your testimony that 
you gave here this morning. When is it convenient for you to return? 

Idle Witness. Have I got to return again? 

Mr. O’Connell. Just to read you testimony and sign it. Do you want to 
inquire of Mr. Piscopo any questions? 

INIr. Callahan. No. • 

John B. Piscopo. 




TAGUE VS. FITZGERALD. 


275 


PATRICK DALY, sworn ; 

Direct exuinination by ]\[r. O’Connell: 

Q. What is your full name?—A. Patrick Daly. 

Q. Your full name, Mr. Daly?—A. Patrick Daly. 

Mr. Beeman. Speak up loud enough, Mr. Daly, so the stenographers will 
hear you. 

Q. Mliere do you live?—A. No. 14 Devens Street, Charlestown. 

Q. How long have you lived there?—A. Four years. 

Q. And your business?—A. Laborer, Hour warehouse. 

Q. IVhere?—A. Sands, Taylor. 

Q. Are you the same I’atrick Daly, registered from 76 Green Street?—A. No, 
sir. 

Q. Do you vote from there?—A. No, sir. 

Q. IVhere do you vote from?—A. Don’t vote at all. 

JOHN JOSEPH LARKIN, sworn: 

Direct examination by Mr. O’Connell : 

Q. M'hat is your full name, IMr. Larkin—A. John Joseph Larkin. 

Q. You reside at No. 11 Paisley Park, Dorchester?—A. Yes, sir. 

Q. How long have you been living there, Mr. Larkin?—A. About six years. 

Q. Your business is what?—A. Work for Filene, fur business. You may 
have me listed at my working address as the Boston Storage Warehouse. I 
work for Filene, but we have a place out there. I don’t know as it’s there or 
at Filene’s. Iv’e been at Filene’s six years. 

Q. How old are you, Mr. Larkin?—A. Thirty-four. 

Q. Your landlady is Mrs. Ryan?—A. Yes, sir. 

Q. IMrs. Mary Ryan?—A. Yes, sir. 

Q. Where do you vote?—A. Haven’t voted at all. 

Q. Are you registered from Hotel Bowdoin?—A. I don’t know where it is. 

Q. IVhen did you last vote?—A. I never voted. 

Q. On the back of this will you write your name [handing witness paper]? 
Mr. O’Connell. I introduce this as an exhibit. 

Q. This is your signature?—A. Yes; my signature. You can get me at any 
time at either No. 11 Paisley Park or Filene’s. 

(Summons marked “Exhibit 35.”) 

John J. Larkin. 

JOSEPH F. RAE, sworn: 

Direct examination by INIr. O’CMnnelL: 

Q. Your full name?—A. Joseph F. Rae. 

(F IVhere do you live?—A. Crawford House. 

Q. Are you the proprietor of the Crawford House?—A. I am. 

Q. And where did you live before you went there?—A. Dorchester. 

Q. Whereabouts?—A. Ill Ocean Street. 

Q. Does your wife live tbei-e now?—A. No ; my wife lives in Brookline. ■ 

Q. IVhereabouts?—A. No. 157 Naples Road. 

(,). How long has she been living there?—A. She lives there occasionally. 

Q. How long?—A. Oh, I guess four years, perhaps; since we owned the house. 
Q. You own the house and bought that house?—A. She owns it. 

Q. And you live there?—A. Occasionally. 

Q. You own the furniture in the house?—A. No ; she owns it. 

Q. Your clothing in the house?—A. Sometimes. 

Q. Isn’t it there now?—A. Some of it. 

Q. You pay the bills for that house, of coui-se?—A. Some of them. 

Q. And, as a matter of fact, IMr. Rae, there is no separation between you and 
your wife?—A. No, sir. 

Q. You and she get along just as well as when I first knew you, and you and 
she had just got married?—A. Sure; get along nicely. 

Q. As a matter of fact, she never lived at the Crawford tiouse?—A. She did. 

Q. M’hen?—A. I can’t tell you exactly when; whenever she sees fit. 

Q. When she can’t get a girl at home or something like that, she comes down 
to the Crawford House?—A. She don’t live down at the Crawford House or 
Naples Road, either. She lives where she sees fit. 

Q. As a matter of fact, she lives anywhere she pleases?—A. She does; Mdier- 
ever she pleases. 

Q. Of course, Naples Road is her home?—A. Not always. 

Q. But where her furniture is?—A. At the present time; yes, sir. 


276 


TAGUE VS. FITZGERALD. 


Q. AMiere your furniture is?—A. Yes. 

Q. Sure; and you pay all the hills of the home—the l)uteher and the-baker-- 

A. Oh, no ; I don’t pay all of them. She pays some of them. 

Q. You pay some of them, the household bills?—A. Anything she asks me to 
pay, I pay for. 

Q. I suppose the furniture is insured?—A. Yes; I believe it is. 

Q. Do you know whose name it was in?—A. In her name. 

Q. Sure of that?—A. Yes. 

Q. Have you got the register of the Crawford House with you?—A. No, sir. 

Q. \Miere is it?—A. Burnt up. 

Q. When was it burnt up?—A. The 3d of February, 1919. 

Q. Third of February, 1919?—A. Yes. 

Q. That’s this year?—A. Yes, sir. 

Q. Three weeks ago?—A. Yes, sii*. 

Q. How did the register get burnt up?—A. Well, in the storeroom downstairs 
we had a lire there and it burnt up everything. 

Q. So that you can’t inform us about who was registered at the Crawford 
House around the 1st of April of 1918?—A. Well, I could tell some by my recol¬ 
lection. 

Q. Who can you tell us of?—A. The two Grants; one lives there permanently. 

Q. Who else?—A. Mr. Wilde registered there last year, and I don’t recollect 
whether Mr. Hefferman registered there or not. A man by the name of Norton 
and another by the name of Fletcher; quite a number of guests. 

Q. Can you give us the names of any guests living there on the 15th of last 
February—that is, a year ago this last month?—A. Most all those people I men¬ 
tioned were there; all the people I’ve spoken of, I think, registered last year. 
Do you mean a year ago? 

Q. Yes.—A. Well, I would say registered a year ago; yes. 

Q. You are interested in the liquor license, of course, in the city of Boston.— 
A. Yes, sir; I am. 

Q. If you said on your application for a liquor license that you were living in 
Brookline, you couldn’t get a license in Boston?—A. I don’t know about that. 

Q. Isn’t it necessary, on a liquor license in Boston—you have got to be a resi¬ 
dent in Boston?—A. I think one party must live in Boston; not necessary for 
both. 

Cy You are the principal party in this house?—A. Y^es, sir. 

Q. And naturally want to protect your interests as much as you can?—A. 
l^es, sir. 

Q. And isn’t it the real, fact that the whole story about your residence at the 
Crawford House is to avoid any question to granting a liquor license to you?— 
A. I wouldn’t say that; of course it helps it. 

Q. You calculate on that fact?—A. Yes. 

Q. Yes. 

Mr. O’Connell. That’s all, Mr. Rae. 

Cross-examination by Mr. Callahan : 

Q. ]Mr. Rae, just a minute. You say you resided there the 1st of April last 
year?—A. Yes, sir. 

Q. You have a permanent residence in the hotel, haven’t you?—A. Yes; a 
permanent one. 

Q. You have a summer home?—A. Yes, sir. 

Q. So your wife sometimes lives in the summer home sometimes in Brookline, 
and sometimes in the hotel?—A. She goes away in the winter a lot, and she's 
away all summer. 

(}. So you regard that your domicile?—A. I practically live there six months 
of the year. 

IMr. D’Connell. Where’s your summer home? 

The Witness. Nantasket. 

Mr. Callahan. Is it Mr. Gladwin that lives at your hotel?—A. Yes. 

Q. He’s president of a bank?—A. Yes. 

(>. President of the National Security Bank? A. Yes. 

Mr. Callahan. That’s all. 

ALFRED DI PESA sworn : 

Direct examinalion by Mr. O’Connell: 

Mr. Beeman. Have you l)een sworn. IMr. Di Pesa? 

The AVitness. Yes, sir. 



TAGUE VS. FITZGERALD. 


277 


Q. What is your fn’l name?—A. Alfred Di Pesa 
Q. You are connected with Hotel Napoli?—A. Ves, sir. 

Q. AVhat’s the number ?—A. No. 84 Friend Street. 

• where 26 Fenway Street is?—A. No. 26 Evansway Street 

(-F ion have been livin.c: there since the fall of 1917?—A. Yes sir 
Q. Where do you vote?—A. From 84 Friend Street. 

Q. That is ward 5?—A. Ward 5; yes, sir. 

Q. Eyansway is in ward what?—A. I don’t know. 

Q. AVliere does it lead from?—A. End of the Fenway, Poxhury. 

Q. Near the art museum?—A, Yes, sir; telephone is Koxbury. 

Q. What’s the telephone number?—A. Roxhury. 

Q. AVhat’s the telephone number?—A. 1142 Roxhury. 

Q. That’s Congressman Tinkham’s district?—A. Yes. 

Mr. O’Connell. That’s all. 

Cross examination by Mr. Callahan : 

Q. Where’s you home?—A. I have several homes, 3Ir. Callahan. 

Q. Several homes; exactly. Y'^ou have a. summer home?—A. Summer home* 
I live eight months of the year. ’ 

(}. Your summer home you live eight months of the year, and how long do 
you live in Roxhury?—A. I live about two or three months. 

(^. And at the hotel, how long do you live?—A. About a month this year-- 

Q. April last year you were a resident of the Hotel Napoli?—A. Yes. 

Q. Y'ou consider that as your domicile?—A. I do. 

Q. And out of the three places that is the one you choose to live on the 1st 
of April?—A. Y^s, sir. 

Mr. O’CoNNEi.L. Are you married? 

The AATtness. Y^es, sir. 

Mr. O’Connell. And live out on Evansway Street? 

Tlie AVitness. Yes, sir. 

Mr. O’Connell. And furnish the house, of course, and pay the bills? 

The AATtness. Y^es, sir. 

Mr. O’Connell. Any children there? 

The AATtness. No children. 

Mr. O’Connell. How long have you been mar^ried? 

The AATtness. Eleven years. 

Mr. O’Connell. You are connected with the Hotel Napoli? 

The AATtness. Y^es, sir. 

Mr. O’Connell. Have you got the register of it with you? 

The AATtness. I Avasn’t asked to bring it up. 

Mr. Callahan. I submit this little circle ought to be disbanded and let the 
witness look at you. 

Mr. O’Connell. AVho has charge of the register in your hotel? 

The AATtness. The clerks, of course. 

IMr. O’Connell. AVho’s the man who has charge of them? 

The AATtness. I have. 

Mr. Callahan. Now, I submit this is a divSturbing proceeding, stepping in 
between counsel and witness. 

Mr. O’Connell. If my associate wants to stoop over my shoulder, I have the 
right to complain, and I have not, and I am the only man to complain, and not 
you. 

Mr. Callahan. AATien you are at your summer home your M’ife is there, too? 
The AA' iTNEss. Yes, sir. 

Mr. Callahan. The time you are in Roxhury your wife is there? 

The AATtness. Yes. sir. 

Mr. Callahan. You pay all the bills for all the homes? 

The AVitness. I try to pa,y them. 

Q. Your wife doesn’t live at the Napoli?—A. She does when I stop there. 

Q. I see; that’s all. AA'ould the register say the dates on Avhich you are there 
with your wife?—^A. No. I sleep at the Napoli about this time of year for a 
month and close our apartment and go down to the beach for about eight months, 
and on and off we sleep there in the summer. 

Q. About this time you close the apartment?—A. About this time. 

Q. And go down to the Napoli April 1, being the time of registration?—A. 
Yes, sir. 

Q. You are interested in the liquor business at the Hotel Napoli?—A. Yes, sir. 
Q. And are on the license, Mr. Di Pesa?—A. Y"es, sir. ’ • 



278 


TAGUE VS. FITZGERALD. 


Q. Of course you know to get a license in the city of Boston a man has got 
to be a resident of the city of Boston?—A. Yes, sir. 

Q. Who else is on the license there with you?—A. My father. 

Q. At that time your father lived in Brookline?—A. My father alwajs lived . 
at the Hotel Napoli. 

Q. His home is Summit Avenue, Brookline?—A. No; my mother lived theie. 

Q. But your married sister lived there?—A. Yes, sir. ^ ^ ^ 

Q. So there might be a question about your father living out in Brooklnie, 
and in order to prevent that you have your residence there anyway? A. "ies, 
sir. 

Q. Do you know anything about your uncle, .Joseph di Pesa?—A. Yes, sir. 

Q. Lives at Strathmore Road?—A. No; lives at Hotel Napoli. 

Q. How long ago was he out there?—A. I don’t know. I guess he wasn’t out 
there at all to sleep. 

Q. I didn’t ask you anything about sleeping. Why do you inject that? How 
long ago was he out at Strathmore Iload, was my question.—A. I don’t know. 

Q. A"ery frequently, doesn’t he? Who lives at Strathmore Road?—A. One of 
my sisters. 

Q. And doesn’t he look after your sister?—A. Goes out to see her. 

Q. She’s a widow?—A. She’s a widow. 

Q. Has a family?—A. Oh, yes. 

Q. She is the particular care of your Uncle Joseph?—A. Yes, sir. 

Q. So that being the case, there is no doubt of his going out there frequently 
to see how things are going along?—A. I imagine he does. 

Q. As a matter of fact, doesn’t he live out there with her?—A. No. 

Q, He poys the bills, doesn’t he?^—A. No; my father does. 

Q. (By Mr. Callahan.) To clear up one thing, as a matter of fact, your only 
interest is to secure a liquor license, whether you could secure it from your 
Roxhury home instead of the Hotel Napoli?—A. I always registered from the 
Hotel Nh'ipoli, even when we lived on Hanover Street. 

Mr. Berman. Could you secure a liquor license if your father was on the 
license and lived in Brookline, assuming you gave your residence in Roxbpry 
and your father gave his residence Summit Avenue, Brookline; would you be 
entitled to a license or would the licensing board issue a license to you? 

The Witness. I don’t know. 

Mr. Berman. You do know in order to get a license in the city of Boston 
you’ve got to be a resident there? 

The Witness. Yes, sir. 

Mr. O’Connell. That’s all. 

CHARLES W. PARKER, sworn; 

Direct examination by Mr. O’Connell ; 

Q. What is your full name?—A. Charles W. Parker. 

Q. What’s your place of business?—A. New England House. 

Q. And that is your residence?—A, Y'es, sir. 

Q. What’s the number?—A. Nos. 24, 25, 28. The numbers are all mixed up 
down there. 

Q. Blackstone Street?—A. Blackstone Street. 

Q. Have you record of the guests of your hotel who were registered on the 
1st of last April?—A. Yes, sir. 

Q. Will you please turn to it? 

(Counsel examines register.) 

Q. Have you got a man by the name of Earl O. Barney registered there?— 
A. Not on the 1st of April. 

IMr. Callahan. Is this all the 1st of April? 

Mr. O’Connell. Yes. 

Q. March 31?—A. No, sir; don’t think so. Registered two or three years ago. 

Q. What do you mean “registered,” city election?—A. No; room. 

IMr. Callahan. You’re talking about registration and reading from the listing 
book- 

]\Ir. O’Connell. I’m reading nothing. 

IMr. Callahan. Yes; you are. 

IMr. O’Connell. What do you mean to tell me—that I am reading? 

IMr. Callahan. Yes; you are. 

IMr. O’Connell. I’m reading nothing. 

Mr. Callahan. Yes; you do. 



TAGUE VS. EITZGEEALD. 


279 


Q. Have you jjot a rejrular room list here?—A. What do you mean? 

Q. Have you jjot a list of any regular roomers?—A. Might be some of these. 
No; we don’t register regular roomers. They don’t register—only when they 
first come in. If they are regular, they don’t register. 

Q. Has Earl O. Barney got a room in your hotel?—A. I don’t think he has at 
the present time, sir. 

Q. Did he have on the 1st of April, 1918?—A. I couldn’t tell that. 

Q. Would that book show that, being the register of 1918?—A. Yes, sir. 

Q. Do you find the name of Earl O. Barney?—A. People that register regu¬ 
larly, people that don’t register every month or every year- 

^ Q. That’s not the question. The question is, Have you got any record of Mr. 
Earl O. Barney being at your hotel on that day?—A. No, sir. 

Q. Have you got any record of Albert Bullard being registered on that day, 
April 1?—A. I don’t think so. 

Q. Have you got any record of John W. Busted being registered on that 
day?—A. Not on the book. 

Q. William Carroll?—A. No. 

Q. Anthony Castiliano?—A. No. 

Q. William Copeland?—A. No. 

Q. .Tames Coster?—A. No. 

Q. .Toseph Curran?—A. No. 

Q. James J. Donovan?—A. No. 

Q. Gilbert Gallant?—A. No; he’s one of the help. 

Q. Where does he live?—A. New England House. 

Q. All the year?—A. He was in the service, but back now. 

Q. Aside from the being in the service, is lie always there?—A. Yes. 

Q. Married man?—A. I don’t know. 

Q. How old a man is he?—A. I should say about 30. By the way, a lot of 
these people you mentioned are still in the house and rooming there. 

Q. I’m asking you if you have any record?—A. I haven’t got any record here. 

Q. Anybody got any record?—A. On the books, if you want them brought up. 

Q. I’ll excuse you, and you can bring those books back here. I want those 
books, too. That’s the only way to do. I don’t want to waste your time and 
mine. 

Mr. O’Connell. I want to summons this witness and ask him to return here 
and bring with him all the books showing people who were in that hotel on the 
1st of April, 1918. Of course, this book I might merely introduce for the pur- 
]iose of this hearing—the names, if registered, as of that date. Will you read 
those names off? 

April 1, 1918, J. H. Power; no address. No; that’s J. H. Berry; no ad¬ 
dress. The next one. Charles Gross! and wife, no address; Philip W. Brandon 
and wife, Philadelphia; E. W. Locke, Plymouth; Donato Dacetro and wife; 
.1. H. Toohey, Rutland, Vt.; A. Rosso and wife; Salvatore and wife, Mescuri; 
Thomas Conboy and wife. Providence; A. McKinnon, Waltham; C. H. Thomp¬ 
son, Portland; E. W. Hutchinson, I.exington; M. L. Moody, Brooklyn, N. Y.; 
M. Joseph Levine, city. 

Q. AV’'ill you bring l)ack foi* this afternoon whatever records you have down 
there?—A. I can’t bring back. I will try and bring back what’s jirepared. 
If a man registered there and then returned, we don’t reregister him. 

Q. You must have some record as to when that man checks out.—A. We 
liave a book. 

Q. Don’t you keep- 

Mr. O’Connell. Mr. Mancovitz, please do be quiet and not keep interrupting 
the proceedings. 

Q. ]Mr. Parker, haven’t you any books showing what a man pays you?—A. 
Yes, sir. 

Q. And when he pays you?—A. Yes. 

Q. Can’t you bring them?—A. I can't say. I’ll try, because it’s simply a 
cashbook ; transient’s book. 

Q. I don’t want any transient books; I want permanent books. I want books 
of permanent guests, records of permanent guests.—A. A man might come and 
stay a week or two weeks, six weeks, two months, or three months and then 
go on our regular book—go on our cashbook. 

Q. Have you got any James J. Leveroni registered on that time? 

Mr. Callahan. You haven’t got the register book there; you’ve got the 
police book. It is absolutely unfair for you to ask if a man is registered- 





280 


TAGUE VS. EITZGEEALD. 


Q. Have yon on tlie register of the New England House the name of .Tames 
J. Leveroni?—A. We have not on tliose dates; might have some years back. 

Q. How long back have yon any around that time?—A. Not that I recall; no. 

Have yon any registered at or around that time, .Tames T. lieveroni?—A. 
Not that I know. 

Q. That is, if those men were registered at yonr house some time in the past 
yon wonld have a record of it?—A. Might and might not. 

Q. And that is-A. If they were there regnlarly for a year or so, we 

M’onld naturally have them on onr hooks if they were there a month or so; 
something of that kind. 

Q. Neither of those we’ve spoken of not there permanently?—A. No, sir. 

Q- h)o yon know either of those men?—A. I don’t know that I ever did. 

Q. Do yon know one was a bartender across the street at Wilfert’s?—A. I 
think I do. 

Q. He didn’t live at yonr house?—A. He didn’t; no. 

Q. Have y(m got .Tohn I). Volenti on or around that date?—A. Not that date. 

Q. On or around that date?—A. Not that date; used to l)e there permanently. 

Q. When?—A. Two or three years ago. He married one of the table girls. 
He stays there now once in a while. 

. Q. Anthony Volenti?—A. Yes, sir. 

Q. He nsed to be there years ago?—A. He registered and always registered. 

Q. What do yon mean, “ registered ” ?—A. Their names have gone in every 
year. i 

Q. Who gives those names?—A. The clerk. 

Q. A standing order; that is, what is to be done with them?—A. They want 
ns to_continue their names. 

Q. Who are they given to?—A. The man in the office. 

Q. Did any of these men give yon their names that way to give him?—A. I 
don’t recall any. 

Q. ^^Tlo else did they give the names to besides yon, Mr. Parker?—A. Three 
or four different ones—clerks. 

Q. In other words, if a man has ever been to yonr house and wants to 
continue on the voting list, all he has got to do is to tell yon so and yon give 
the name, is that right?—A. Do it that way and do it the reverse. We have got 
two clerks that have been thei’e 15 years. One holds it in New Ipswich and 
the other Athol, and they hold the voting list that way. And I personally 
know there are some rooming there at the present time, just the same as my 
clerks that have held their residence that way. 

Q. You’re glad to help them out?—A. I’m not helping them ont; I’m—yes; 
helping them ont. If they want to register in Athol, I let him; also in New 
Ipswich. I don’t dictate to the clerk; if he wants to register from the New 
Eiigland House, if he’s been there 15 years, I don’t care. 

Q. And in the reciprocity, of course, that is reversed?—A. Yes. 

Q. A man registering in Boston here wonld be carried along just the same as 
yonr clerks?—A. Well, yes; if yon were present there from week to week; we 
don’t scratch them off. 

Q. Y'ou don’t scratch them off?—A. No, 

IMr. O’Connell. I think that’s all. 

Cross-examination by Mr. Callahan : 

Q. I understand, Mr. Parker, that there are some men who live at yonr house 
for months and years who are not on yonr register there?—A. AVhy, we don’t 
ask a man to register if he comes there. We’ve got men there that have been 
coming there; you’ve got a witness ont here that told me to-day he’d been there 
18 years ago. 

Q. Yes; the hotel is right in the heart of the market district?—A. Market 
district. 

(}. INIarket district, where the farmers come in there and register and live for 
months at a time?—A. Sure; and there are vsome that register every night. 
They are market gardeners and come from Arlington. 

Q. Mr, O’Connell mentioned ‘certain names to yon and yon said yon remem¬ 
bered well those names there for long periods, but didn’t register on that book.— 
A. Not on that book. 

Q. Not on that book, but there is not any doubt they have been there and lived 
there during the past year?—A. I wouldn’t say past year, 

Q. You donT recall?—A. Might be two years ago—three years ago. 



TAGUE VS. FITZGERALD. 


281 


re^stereVL^ ^ or longer, and be 

20Veai-s ^ t>ook?—A. Some names in there have been there 15, 16, 12, or 

anv iTmTin^nol/tm« arrangement with 

VeVer ^ district to give names to the police in the spring?—A. 

edge illegal registration?—A. Not to my knowl- 

to?!!!!?"" Lomasney?-A. Not personally; by sight; never spoke 

by^sig-ht^'' I liaven’t spoken to INIr. Fitzgerald; I know him 

Q. Ion have no political relations with those men?—A. No sir 
Q. No interest in politics wlmtever?—A. No • - • , - • 

clowi/Tharwav 1 H'at «“.vone knows how I vote 

O Connell. .Tu.st one question. Yon do know it is customarv for any of 
these men who have lived in yonr liotel in the past, if tliey have gone away and 

would like to liave you carry them on the list, you do it’ 
Ihe IViTNEss. Yes, sir. 

Mr. O’Connell. Yes; that’s all. 

Mr. Callahan. That is, they consider that their home? 

The iTNESs. Well, I don’t know what they consider. They come there to 
make it their home, and as I say about my clerks, they have been with me 15 
years and they claim it home enough to register in Boston. 

Mr. Callahan. They choose that as their domicile? 

The MTtness. They choose and they vote in Boston on account of the license 
business. 

Mr. Callahan. How many rooms have vou? 

The IViTNESs. About 90. 


Mr. O’Connell. And on account of some license questions, you are pleased 
to have as many vote from there as you can? 

The MTtness. I never ask them. 

Mr. O Connell. I didn’t ask you that; but you sav you’d be pleased. 

The IViTNESS. Exactly. 

INIr. Callahan. Yaju don’t go so far as to ask your clerks to register for a 
license, do you? 

The IViTNESs. No; I have not. 

Mr. O’Connell. I wish you would bring the book up and we will see what w’e 
can find out, and then I will tell you what I will do with you. 

The Witness. Come down to lunch with me this noon on me. 

Mr. O’Connell. That’s the best thing. [To Mr. Callahan.] You ought to go 
too. ’ 


Mr. Callahan. I have been there and had hundreds of lunches in the place 
and I have enjoyed them. 

JNIr. O’Connell. That’s all. 

Charles W. Parker. 

GEOBGE .T. LOW, sworn: 


Direct examination by Mr. O’Connell: 

Q. Wliat is your full name?—A. George .1. Low. 

Q. Where do you live?—A. Hotel Central, 21 Green Street. 

Q. You got your summons from where?—A. My summons was brought to me 
by the boy who lives in Charlestown. 

Q. IVhereabouts in Charlestown?—A. No. 15 Harvard Street. 

Q. How old is your boy?^—^A. Going on 19. 

Q. Lives with Mrs. Low?—A. l^es, sir. 

Q. The rest of the family live over in Charlestown?—A. I’m the rest of them. 
1 moved over here for business purposes. 

Q. What business purposes?—A. Well, I’m in the wire-screen business; night 
watchman. 

Q. Where’s your place of business?—A. No. 39 Court Street. 

Q. Hotel Central is what number Court?^—A. No. 21 Green Street. 

Q. And that’s right below there?—A. Right up close by. 

(). CharlestovTi is away from your place of business; what part of Charles¬ 
town did you say?—A. No. 15 Harvard Street. I left there two years ago, a 
little over. 


282 


TAGUE YS. EITZGEEALD. 


Q. Wlipre do yon vote?—A. I A’ote on Norman Street, I think it is; the pre¬ 
cinct jnst below the liotel there; a minnte-or-two walk. 

Q. How often do yon go over to Charlestown?—A. I don’t go over. I haven’t 
been in that honse for two years. 

Q. Do yon own any property there?—A. I have no property there? 

Q. Yonr wife and boy live there?—A. Rnn a small lodging house. 

Q. Over in Charlestown?—A. Yes; they rnn it; yes. 

Q. Who is the proprietor of the Hotel Central?—A. Mr. William Walley. 

(). Where does he live?—A. He lives in the hotel. 

(>. Do yon know Cyrns N. Campbell ?—A. Yes; he comes around there. He’s 
pro]»rietor, too. They’re in partnership, I guess. I’ve known him 25 years. I 
understand he owns part, if not all. 

Q. What’s the number of your room?—A. No. 72. The same I have occupied 
foi‘ over two years. 

Mr. O’Connell. All right; that’s all, Mr. Low. 

RAYMOND I. REYNOLDS, sworn: 

Direct examination by Mr. O’Connell: 

Q. What is yonr full name?—A. Raymond I. Reynolds. 

Q. And your residence is 83 Court Street?—A. The Crawford House. 

Q. Y^our business?—A. Liquor dealer. 

Q. How many years have you been a liquor dealer?—A. Myself, personally? 

Q. Yes.—A. About 10 years. 

Q. Prior to going to the Crawford House, where did you live?—A. No. 38 
Cambridge Street. 

Q. How long did you live there?—A. Two or three years. 

Q. Do you know w*here 52 Powder House Boulevard, Somerville, is?—A.I cer¬ 
tainly do. 

Q. Who lives there?—A. Mother. 

Q. And your sister?—A. Y"es. sir; certainly. 

Q. You stop with her?—A. Occasionally. 

Q. IVhat do you mean by occasionally?—A. Once in a while. 

Q. lYhat do you mean by once in a while?—A. When I feel like it. 

Q. Were you there last night?—A. No. 

Q. Night before?—A. l^es, sir. 

Q. Night before that?—A. Would the night before that be— 

Q. Sunday.—A. Yes, sir. 

Q. How many nights out of last week?—A. I think three nights. 

Q. The week before that, how many nights were you there?—A. I can’t tell 
you how many nights. I go out occasionally. 

Q. Who lives with your mother?—A. Sister. 

Q. Anybody else?—A. Brother-in-law. 

Q. Who else?—A. Brother. 

Q. Anybody else?—A. No. 

Q. What’s your mother-in-law’s name?—A. Mother-in-law? 

Q. I thought you said mother-in-law.—A. Brother-in-law. Mother, sisteiv 
brother, brother-in-law. 

Q. Are you interested in the license of the Crawford House?—A. No; not that 
I know of. 

Q. Do I understand that you are interested in the Crawford House?—A. No; 
I never said so. 

Q. AVhere do you work?—A. I run a liquor store, 6 Green Street. 

Q. If you were living in Somerville, you couldn’t get a license in Boston, could 
you?—A. I don’t think so. 

Q. How many years has your mother lived in Somerville?—A. Twenty odd 
years. 

Q. Were you born out there?—A. No. 

Q. Where were you born?—A. Stoneham. 

Q. And moved from Stoneham to Somerville?—A. Yes, sir. 

Q. How many years since you moved to Somerville?—A. About 23 years. 

Q. And been in Somerville ever since?—A. Yes, sir. 

Q. As a matter of fact, IMr. Reynolds, in order to protect your license in 
Boston, you took up your voting residence in Boston?—A. I always have. 

Q. And for that purpose you always have done it?—A. It is much handier. I 
open up in the morning, and I want to be near the work and want a room 
handy. 



TAGUE VS. FITZGERALD. 283 

Q. And that s your reason for voting here; has to do a good deal with the 
license question?—A. A man has to be a citizen of Boston. 

Q. ho owns the house in which your mother lives?—A. My sister. 

Cross-examination by INIr. Callahan : 

Q. You say you have a room there all the time?—A. Yes, sir. 

Q. And you open up your business in the morning?—A. I do occasionally; 
yes, sir. 

Q. You regard your home the Crawford House?—A. Yes, sir; my mail comes 
there, and been in Boston the last 10 years. 

Q. You’re not married?—A. No. 

Q. Clothes are there?—A. Yes, sir. 

Mr. Bekman. Do you contribute in the payment of bills in the Somerville 
home for your mother? 

The M iTNESs. Why, some bills, and some bills I don’t. I allow my mother so 
much money; that’s all, 

Mr. O’Connell. Some of your clothes are in Somerville, of course? 

Tlie Witness. I have a few out there. 

IMr. O’Connell. Your trunks are out there? 

The Witness. I don’t think I have got a trunk; I don’t travel much. 

Raymond I. Reynolds. 

STEPHEN G. WAGNER, sworn : 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Stephen G. Wagner. 

Q. Where do you live?—A. No. 175 Rutherford Avenue, Charlestown. 

Q. How long have you lived there?—A. About a year and a half. 

Q. You formerly lived at 46 Nashua Street?—A. Yes, sir. 

Q. When did you leave Nashua Street?—A. I left Nashua Street this last 
year. 

Q. How long ago?—A. I think it was when the first registration; about the 
21-31 draft left; around that time. 

Q. That was in 1917?—A. Yes, 

Mr. Bekman. Speak up so counsel can hear. 

Mr. O’Connell, I asked him if this was in 1917, and he answered “ Yes.” 

Q. How old are you?—A. 30 years. 

Mr. Harrington. 1918. 

The Witness. Whenever the first 21-30 registration; around that time. 

]Mr. Berman. That was in 1918—1917 is right. 

Q. How old?—A. Thirty. 

Q. Married?—A. Single. ' 

Q. Live with your mother?—A. At present. 

Q. What’s your mother’s name?—A. Mary 

Q. Did you vote at 46 Nashua Street last year?—A. No, sir. 

Q. Sure of that?—A. Positive. 

Q. Did you the year before that?—A. Yes, sir. 

Q. And positive you didn’t vote this year?—A. No, sir. 

Q. If your name was checked o'ff it was voted by somebody else?—A. I voted 
in Charlestown. I don’t know if anything was done down there it was done by 
anybody else. 

Q. Give us your signature, please. 

(Witness writes signature on summons.) 

Q. That is your signature on this summons?—A. Yes, sir. 

Q. Give it to me. 

Mr. O’Connell. I introduce that as an exhibit. 

(Marked “Exhibit 36.”) . 

IMr. Harrington. Did you say you voted in Charlestown? 

The Witness. I voted in Charlestown. 

Q. What ward and precinct?—A. Off Rutherford Avenue, about three or four 
blocks down from Austin Street. 

Mr. Callahan. Did you say you voted on Nashua Street previous to that? 
The Witness. Year previous. 

Mr. Callahan, Nashua Street, where? 

The Witness. West End. 

Mr. Callahan. Ever vote there before? 

The Witness. Yes, sir. 

IMr. Callahan. Live there? 


284 


TAGUE VS. FTTZGEKALD. 


The Witness. Yes, sir, 

Mr. Berman. What number Na.shmi Street? 

Tlie Witness. No. 46. 

Mr. O’Connell. That’s all. 

Stephen G. Wagner. 


CHARLES L. GARVEY, sworn : 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Charles L. Garvey. 

Q. What is yonr business?—A. Horseshoer. 

Q. You live in Dorchester? 

Mr. Callahan. Wait; I submit you ask the question. 

Q. Do you live in Dorchester?—A. Yes; sometimes. 

Q. You have lived in Dorchester as long as I have known you, haven’t 
you?—A. How long have you known me? 

Q. How long have you lived in Dorchester?—A. I have lived off and on 
there the last two or three years. 

Q. And before that, where did you live?—A. West End. 

Q. How long?—A. About 15 years. 

Q, Where did you live before you lived in the West End 15 years ago?— 
A. I’m only in the country 15 years altogether; practically all that time in 
the West End. 

Q. But the last three or four years you have been in Dorchester?—A, Off 
and on. 

Q. Where in Dorchester?—A. On Danube Street. 

Q. Y"ou live with your folks?—A. Some friends of mine. 

(h Who are those you have lived with?—A. People I know. 

Q, For instance?—A, IMr. O’Brien and Mrs. O’Brien. Lived with my brother 
awhile. 

Q. Where does your brother live?—A. Acacia Street, Roxbury. 

Q, How long did you live with him?—A. About a year and a half. 

Q. You go back and forth to Dorcliester on the cai-s?—A. Y^es. 

IMr. Callahan. He says off and on he does. 

Mr. O’Connell. Now, JMr. Callahan, please let him testify, and not inter¬ 
rupt him. 

Q. What is your business?—A, IMy business is horseshoeing. 

Q. Where is your place of business?—A. Pitts Street. 

Q, Y"ou get some patronage from the city of Boston?—A. I do. 

Q. And got it through the Hendricks Club?—A. No. 

Q. Ever a member of the Hendricks Club?—A. No, 

Q. You know many of the men in the Hendricks Club?—A. Know the mem¬ 
bers; yes. 

Q. Ph'iendly with them?—A. I? No, 

Q. Friendly with them?—A. Y"es, sir. 

Mr. Callahan. t\diy don’t you ask the questions? 

Mr. O’Connell. Now, Mr. Garvey and myself understand each other. Don’t 
we, Mr. Garvy? 

The Witness. Very well, indeed. 

Q. It is in order to protect the business you get fi-oni the city of Boston 
and blacksmith business that you keep your residence down in the West End, 
isn’t it?—A, No. 

Q. Isn’t that one reason?—A. No. 

Q. You vote there in the AVest End?—A. I vote at 33 Lynde Street. 

Q. AAdio owns that house?—A. Mr. Sullivan, I l)elieve, run.s it. 

(}. AAdiat Sullivan is that?—A. I couldn’t be sure what his tirst name is— 
Patrick Sullivan, 

Q. Y"ou are not married?—A. No. 

Q. And did you tell Mr. and IMrs. O’Brien not to give your name to the 
police officer when he called the first of last April?—A. No; I didn’t. 

(}. What did you tell them?—A. I didn’t tell them anything; not'a thing, 
because I weren’t there at the time. 

Q. How long did you live at Lynde Street-A. Lived off and on for the 

last 15 months, 

Q. I’m not asking you that. I asked you how long you lived there last 
spring?—A. I couldn’t tell you exact about it, because I staved there another 
occasion. 



TAGUE VS. EITZGEEALD. 


285 


last year?—A. I 
off and on there 


Q. \\ hen did yon g^o into that house prior to April 1st 
would not be positive what time I did go there, hnt I went 
the last 15 years. 

. Q. You said that several times. Give ns your best recollection when vou 

A, I couldn’t tell you exactly 
INIr, O Connell. » 

Q. as it a day or two days?—A. I believe it was more than that 

Q. How much more tlian that?—A. I couldn't tell you. I know I was there 
some time, probably a week or two. 

Q. Exactly, for a week or two, and you came there from Dorchester‘S Y Yes * 

I go back and forth occasionally. . - . , 

(J. No^^', please just answer the question. 

Mr. O’Connell. Now, Mr. Callahan, please stop interfering with the witness. 
I’lease remember you have certain proprieties that you might live up to. 

INIr. Callahan. I wish you \vould observe them. 

Mr. O’Connell. Mr. Callahan, please be good. 

Q. When, after the 1st of April last year, did you leave 33 Lynde Street Mr 
Garvey?—A. Positively, I couldn’t tell you. Was there three or four weeks at 
that time. I judge. 

Q. Three or four weeks; a few weeks?—A. I should judge; wouldn’t be posi¬ 
tive about that, either. 

Q. Did you stay at that place, 33 Lynde Street, more than a week?—^A I have 
already said so. 

Q. You were; how much more than a week were you there?—A. I’m not posi¬ 
tive about it. I couldn’t tell you exactly. 


Q. And when you left there you went back to Dorchester?—A. When I o-o 
back and forth occasionally. ’ 

Q. Pardon me. When you left there you went back to Dorchester?—A Go 
back and forth occasionally. 

Q. Don’t you want to answer my question?—A. Yes. 


Q. IVell, you did go back to Dorchester, and at that time to the same house 
you lived in before you went to Lynde Street?—A. l"es, sir. 

Q. And you stayed out in Dorchester for some time?—A. Itide back and 
forth. ]\Iy business is in the West End, and in order to ju-otect my business I 
go back and forth ; in fact, I got to stay in the West End-— 

Q. To protect your business?—A. Yes. I do work in the park department, 
and if the park department calls for me I’ve got to be on the job day and night, 
and I stay in the West End a good deal. It is necessarv that I stav in the 
West End. 

Q. You rathei- stay in Dorchester, is that right? 

INIr. Callahan. It is necessary, he says. 

Mr. O’Connell, Now, Mr. Caliahan, wait; be good. 

Q. Y"ou left IMr. O’Brien’s house some time before the 1st of April, you don’t 
know just when, whether a few days or not, and then you went to 33 Lynde 
Street, and then you, at which place you slopped, whether it be a week or a 
little longer, and then you went back to live again, at IMr. O’Brien’s house in 
Dorchester, that’s true, isn’t it’.^—A. I stayed on and off the whole 15 years at 
iNIr. O’Brien’s. 


Q. Please answer the question. 

IMr. Callahan. I submit you ought to ask the question. 

Q. Is that the situation?—A. No. 

Q. Did you leave Mr. O’Brien’s house to go to Lynde Street?—A. Yes. 

Q, And came back from some house on Lynde Street?—A. Yes, sir. 

Q. And came back to Mr, O’Brien’s house then?—A. Yes. 

0. Your clothes are out there?—A. No. 

Q. You’ve got the same room?—A, l"es, 

Q. Have the room right along?—A. Y^es. 

Q. And that room is your right?—A. Yes; when I stay there. 

Q. And Mr. and Mrs. O’Brien consider that room as your room?—A. I sup¬ 
pose so. 

Q. You can go into that room anytime?—A. I pay for it; yes. 

Q. Y'ou go into it anytime at all, don’t yon?—A. l>s. 

Q. And have for thi-ee or four years?—A, I have been off and on. 

(j. How long have you been able to go out to your room in O’Brien’s house?— 
A. I know those people; I believe I could go there any time. 

Q. Don’t be afraid of telling the truth,—A. Do you want me to lie to you? 

Q. Would you want to say under oath- 




286 


TAGUE VS. FITZGERALD. 


Mr. Callahan. He’s telling the truth. The man is under oath. 

Mr. O’Connell. Please, Mr. Callahan; please, Mr. Callahan 

Q. Now, then, you lived at 33 Lynde Street the year before and voted at 
that same address?—A. Yes. 

Q. And you came in that year a week or so beforehand? A. M hy, no. I 
stav there occasionally. I stay there now at times, 

Q. By “occasionally” what do you mean?—A. I will say when business de¬ 
mands it. Thei-e is a time, I shoe the park department horses, and it is neces¬ 
sary if I am called out at night, I have to have a place in that section of the 
city where I live. 

Mr. O'Connell. I guess that’s all. 

Want to ask any questions. Mr. Callahan? 

Cross-examination by Mr. Callahan : 

Q. Now, let me understand, there are certain times in the year when you 
stay down to this residence, and that is because of your business?—A. On 
account of my business. 

Q. And that is because you are liable to be called out at any time?—A. Yes. 

Q. And then when you are called out, if it is at night, you go right back 

■f V_A 

Q. in the West End?—A. Yes. 

Q. On Lynde Street?—A. Yes. 

Mr. Berman. How long have you been there? 

The Witness. I have been oif and on in other sections with my friends in 
the West End. I stayed with Mrs. O’Neal about 10 years; Mrs. Brown about 
2 or 3 years; stayed on West Cedar Street with another lady; stayed on 
Lynde Street; spent the greatest part of my time in the West End since I 
came to the country. 

]\Ir. Berman. And your place of business is there? 

The Witness. Simply on account of my business. 

Mr. Callahan. That’s all. 

Charles L. Garvey. 

FRANCIS J. DOWD, sworn. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Francis J. Dowd. 

Q. Your wife testified here the other day?—^A. Sure. 

Q. Her name was-A. Mary E. 

Q. You are an employee of the city of Boston?—A. Yes, sir. 

Q. What department?—A, Public works. 

Q. And you are living out on .Josephine-A. 6 Leroy Street, Dorchester. 

(}. How long have you been living there?—A. Four years. 

Q. And you live there with your family—your wife and children?—A. 
Yes, sir. 

Q. Your young children go to the Marshall School, which is right in the 
neighborhood?—A. Yes. 

Q. *Of course the furniture in the house is yours?—A. Yes. 

Q. And that is your home?—A. Yes. 

Q. Where do you vote?—A. Robinson School. 

Q. What street?—A. Robinson Street. 

Q. What ward?—A. Ward 18. 

Q. Are you the Francis .1. Dowd who is registered at 13 Cambridge Street?— 
A. I don’t know. 

Q. What do you mean by you don’t know? Have you authorized anybody 
to register you from 13 Cambridge Street?—A. I did not. 

Q. Have you voted from any other place except the Robinson School in 
Dorchester?—A. Any other year? 

Q. Y^es.—A. Yes. 

Q. Did you ever vote from the West End?—A. Yes, sir. 

Q. Where?—A. 1,57 Leverett Street. 

Q. Any other place?—A. Chambers Street. 

Q. Any other place?—A. That’s all. 

Q. When was that, Mr. Dowd?—A. Oh, five years ago. 

Q. And the last five years you haven’t lived in the West End or haven’t 
voted there?—A. No, sir. 

Q. How old are you?—A. Forty-two. 

Q. AVhat business were you in before you went to work for the city?—A. Any 
business? 





TAGUE VS. FITZGERALD. 


287 


Q. Yes.—A, Schoolboy. 

Q. School board?—A. Yes. 

Q. Isn t that working for the city?—A. I came from school—schoolboy, 
g. Schoolboy; excuse me, I thought you said school board. You have been 
tor the city ever since you came from school?—A. Yes, sir: 22 vears 
Mr. Callahan. How old are you? 

The AVitness. Forty-two. 

Mr. Callahan. I mean your height? 

The Witness. Five feet seven and a half. 

INIr. Callahan. What do you weigh? 

The AA itness. One hundred and fifty-four. 

Mr. Callahan. Ever vote in the AVest End onlv five vears ago’ 

The AATtness. No. 

Mr. Callahan. That’s all. 

Francis J. Dowd. 

DANIEL P. KELLEY, sworn. 


Direct examination by Mr. O’Connell : 

Q. AATiat is you name?—A. Daniel P. Kelley. 

Q. AVhere do you live, Mr. Kelley?—A. 49 La Salle Street, 
g. AVhere is that?—A. AVest Iloxbury. 
g. Your busines!^?—A. Civil engineer. 

(h And married?—A. AATdower. 
g. Any children?—A. Three. 

(h You live with them?—A. Yes. 

g. AAdiere do you vote?—A. AVard 14. 

g. AA’here is that?—A. Iloxbury. 

g. AA'hat precinct do you vote at?—A. Precinct 1. 

g. AA'liere did you vote before you voted there —A. AA’ard 23. 

g. How long did you vote there?—A. Six years. 

g. Before that where did you live?—A. Iloxbury. 

g. AATiere have you voted ever since you started to vote?—A. Roxburv and 
AA'est Iloxbury. 

g. Ever vote in ward 5?—A. No. 

Mr. O’Connell. That’s all. 

Mr. Callahan. No questions. 


JOSEPH, DI PESA, sworn. 

Direct examination by Mr. O’Connell: 

Q. AVhat is your full name?—A. Josepr Di Pesa. 

Air. O’Connell. You are off again, Air. Alancovitz. 

g. Air. Di Pesa, uhat is your business?—A. I am in the hotel business. 

Q. Hotel Napoli?—A. Yes, sir. Take care of the help. 

(}. Are you on the license?-—A. No, sir. 

g. Your brother runs the hotel?—A. Aly brother and my nephew, Alfred. 

(C Your brother is who?—A. Alarciano. 

g. AAliere is your family?—A. I have no family. I’m single, bachelor, 
g. Single bachelor?—A. A'es; times are very hard. 

Q. Do you know Airs. Scotti?—A. Yes, sii% 

(C AVhere does she live?—A. She lives at present 1875 Commonwealth 
Avenue. 

g. AVhere did you live before you went to the Napoli?—A. Hotel Italy, in 
North Square. 

g. Before that?—A. That was about 20 or 25 years ago. 
g. Now you are at the Napoli?—A. Yes, sir; 15 years now. 
g. People don’t stay at the Napoli, do they, unless they have to?—A. Quite a 
few stay there. 

Q. Only when they get pushed for room?—A. AA'ell, some steady, too. 

Q. You don’t stay there steady?—A. I’m single. 

Q. I know, but where else do you stay?—A. Nowhere else, 
g. And that is on account of your brother being interested in the license?— 
A. Aly brother is there, too, all the time. 

g. I am asking you about your brother being interested in the license?—A. 
He is interested, yes. 

Q. Your brother’s family is out on Commonwealth Avenue?—A. Yes.' 
g. 1875 Commonwealth Avenue?—A. Yes. 


288 


TAGUE VS. FITZGEKALD. 


Q. And that is wliei'e his wife and daughter are?—A. Yes. 

Q. He wasnt’ separated from Ids wife at all?—A. No, sir. 

Q. Their relations are friendly, and they are living? as man and wife^ 
ordinarily?—A. Yes. 

Hr. O’Connell. That’s all. 

Cross-examination hy Hr. Callahan : 

(}. How old are yon?—A. Over oO. Now it’s np to yon to know. I said 
over 50. 

Q. Yon never voted anywhere else hnt in this district?—A. Yes. sir. I ns(‘(l 
to vote in ward 0, the one that is now ward 5. 

Hr. OX’oNNELL. Yon know Dr. Fitzgerald? 

The Witness. Dr. Fitzgerald? 

By Hr. O’Connell: 

Q. Yes. John F. Fitzgerald?—A. By name, hnt never acquainted with him. 

Q. I suppose yon know John I. Fitzgerald, don’t yon?—In the paper, not 
by name. 

Q. Do yon know he tried to pnt through a change in the true name law 
yesterday’?—A. I’m not interested in politics. 

Hr. O’Connell. That’s all. 

Commonwealth of Hassachtlsetts. Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
wviting the testimony of the witnesses in the contested election of Peter F. 
Tagne r. John F. 'Fitzgerald, having tirst lieen duly sworn by the notary, do 
hei’eby make aflidavit that I have trnly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

Nancy H. Hakkis. 

Boston, IMass., il/ri?/ J, 1919. 

Personally appeared above Nancy H. Harris and made oatli that statement 
signed was true to the best of her knowledge and belief. 

Aukaham C. Beuman. 

Commonwealth of IMassachusphts, Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 51 pages, 
together with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter 
F. Tague r, John F. Fitzgerald, beginning PYbruary 19, 1919; exhibits herein 
referred to are marked as described and made part of this record, 

Boston, Hass., Hay 5, 1919. 

Auraham C. Berman, 

Xotarji Puhlic. • 

Boston, Hass., Monday, March 3, 1919 — 10.30 a. m. 

Hearing of Tague r. P’itzgerald resumed at the office of the election commis¬ 
sioners of the city of Boston, before Abraham C, Berman, esq., and David Han- 
covitz, esq., notaries public. 

Appearances: Joseph F. O’Connell, esq., for the petitioner; John P. Feeney, 
esq., and Timothy F. Callahan, esq., for the respondent. 

Hr, Bpirman. The hearing will now be resumed at the office of the election 
commissioners of the city of Boston, 

Hr. O’Connell. Please bring primary precinct for wards 1, 2, 3, and 4. 

INIr. Burlen. What are the records? 

Hr. O’CoNNPiLL. We want - 

Hr, Burlen. We think we have got everything here you want. What do you 
want no\v? 

Hr. O’Connell. We want the primary ballots of wards 1, 2, 3, and 4, 

INIr. Callahan. You have been all through those ballots, haven’t you? 

Hr. O’Connell. You haven’t brought the ballots up here? 

Hr. Burlen. No ; because you didn’t ask. 

Hr. Brogna. The request was for challenges and clerks’ reports. 

]\Ir. Berman. Why don’t you get through with what you have got up here 
first if you can. Hr. O’Connell, and then get the other up here? 

]\Ir. O’Connet.l. I’d rather have the records run along in order than have 
this jumping about. 

]Mr. Callahan. What is your purpose? Do^you mean you are going to open 
up the ballot boxes when they have all been sealed? 



TAGUE VS. FITZGERALD. 


289 


.m?^£een''tSea'Vet‘'TheV«^’^^ ''' “‘^'e 

5 with challen^ecrvotps e ^oiiig to intioduce the ballot boxes of ward 

forth the exhibits alre‘idv tliroiigh them the other day simply to bring 

investi<>-itinn or found and have remarked them for this 

\li there have all got to be disclosed 

The baUot bow^were oD™e,l"f'^“H ,0P‘‘»‘n« of these ballot boxes again.' 

been before thrhonvn.S^ examination of the ballots, and they have 

carefnllv as \mu coiild'^nm^V^ was your duty at that time to examine them as 
those ballots^agaiin ^ ^ ‘Submit you have no right at this time to go over 

thimuo-lf^ We^; remind me, Mr. Callahan, of what we went 

evervbodv^concST in Fridiy in order to make it convenient for 

ward mean that you want to go through every ballot in 

Mr. Beeman. Isn’t there some record of the wardens, or clerks of the clpr-tinn 
A number of ballots that were chaTle^d ' 

Ml. O Connell. That might be so. Let’s try that, if vou wish. 

1 . 0 Vi/; I suggest that it is a penal offense for anybody even the 

ballot board, to disclose a challenged vote. I don’t believe this iiweS 

ehSged votes’ eommissionei's to show ftosS 

AFv if ^ ^ ; 1 clearly a violation of the law. It is a penal offense 

foi tile benefit' of w'o.U '' investigation is being coiulucteti 

don’t amcongressional committee to hear this case in Congress. I 

nX of Imt' co-'Si-essional committee is bound by any regulations or 

order fbt’^'i'ovtinn Sf the congressional committee would 

commissioners to commit a criminal offense? 

tn^^- ’ ^ no wrong. Congress being king, therefore is 

the judge of its own Members, therefore can commit no crime 

as king/^^^^^"^^'* I ^on’t suppose you pose 

Ar,V I calling attention to the congressional committee. 

fpn«n’ can’t call this commission in to commit a criminal of- 

fiio.r ’ ^ committee, at the proper time, sees tit to summons in those ballots, 

O’Pnnfvfif commission, I insist, has no right, and Mr. 

U Connell knows that perfectly well. 

Mr. O’Connell. If you are quoting Mr. O’Connell, I don’t agree with vou. 

Ml. lallahan He has the right to summons them to ’Washington, Imt now 
penalty commissioners to commit an offense for which there is a 

Mr. Beeman. I have no doubt the members know the law in regard to chal¬ 
lenged votes. 

(Colloquy betw’een Notary Beeman and Mr. Callahan:) 

Mr. Beeman. Now, gentlemen, perhaps the suggestion I made a moment ago 
that M e get the clerks’ records of the precincts, might save the trouble of bring¬ 
ing those ballots up. ^ 

¥r^'' 1’ 3, and 4, Mr. O’Connell, ballots casC? 

Mr. O Connell. Yes; ballots cast. 

Mr. Buelen. And on election what? 

Mr. O’Connell. AVard 5. 

Mr. Buelen. W^ard 5 election. 

Mr. Callahan. May I ask why you are going to examine the ballots of 
wards 1, 2, 3, and 4 of the primary? 

Mr. O’Connell. To offer evidence for the exhibits. 

Mr. Callahan. What evidence? 

Mr. O’Connell. Evidence disclosed. 

Mr. Callahan. There are no allegations, as I understand it, in your bill of 
specifications that has any reference to ballots of wards 1, 2, 3, and 4 of the 
primaries. 

Mr. Haeeington. Of course, it is; it is in the whole recount was conducted in 
an improper and illegal manner. 

Mr. Callahan. AVill you show me any reference to Avards 1, 2, 3, and 4? 
Don’t you believe a little courtesy should be extended to me, when I am trying 
to conduct myself in a gentlemanly manner? 

Mr. O’Connell. You are getting it. 


122575—19- 


-19 



290 


TAGUE VS. FITZGERALD. 


Mr. Callahan. From whom? 

INIr. O’Connell. You ask me your question and I will give you my answer. 

]\Ir. Callahan. I asked you to point out in your bill of specifications anything 
that refers to wards 1, 2, 3, and 4, primaries? 

Mr. Haeeington. It’s in there, 

Mr. Beeman. Is that statement in the allegations? 

Mr. Callahan. I am asking you to show it to me now. 

Mr, O’Connell. You have been told about it. 

(Hearing suspended while a copy of the allegations is sent for.) 

(Colloquy.) 

Mr. Beeman. What is the first precinct you want, Mr. O’Connell? 

Mr. O’Connell. Give us precinct 1 of ward 1, primary. 

Mr. Beogna. Is this primary or election? 

Mr. O’Connell, Primary. 

Mr. Callahan. Now, Mr. O’Connell, I want to ask for the purpose of the 
record, what is your purpose in opening these ballot boxes in wards 1, 2, 3, and 
4 of the primary? 

Mr. O’Connell. To prove our case. 

INIr. Callahan. More specifically, please. 

Mr. O’Connell. To show the votes that were, cast at the primary to elect 
Mr. Tague. 

Mr. Callahan, Precincts 1, 2, 3, and 4? 

Mr. O’Connell, Wards 1, 2, 3, and 4, 

Mr. Callahan. Wards 1, 2, 3, and 4. There is no allegation of fraud in 
wards 1- 

Mr. O’Connell. Oh, yes. 

Mr. Callahan. In your allegations here? Show that to me, please. 

Mr. O’Connell. You read them through and you will see them. 

Mr. Callahan. Well, I think you ought to disclose, for the purpose of the 
record; I submit it isn’t there. 

Mr. Beeman. “At the said primary you were fraudulently credited with votes 
which did not belong to you and I was fraudulently denied votes which should 
have been counted for me.” 

Mr. O’Connell. That’s clear. 

Mr. Callahan. And you mean there, by the recount, don’t you? 

Mr. O’Connell. Sure, as to what was disclosed by the recount, and what 
went on at the recount. 

Mr. Callahan. I am dealing with very wily and very subtle gentlemen and 
I want to be sure. 

Mr. O’Connell. Do you mean your client, now? 

Mr. Callahan. No ; I mean you. 

Mr O’Connell. That’s the first time any man ever snid that of me. Every 
man knows they can read me as they run. I carry no guile. 

Mr. Beeman. No guns, did you say? 

INIr. O’Connell. No guns, either. If I can’t win with my fists, I don’t want 
to fight. 

Mr. Callahan. I want to ask if your purpose is to have a recount of the 
ballots? 

Mr O’Connell. I certainly shall ask the commissioners to recount them. 

Mr. Callahan. I wish you would answer my question. Are you going to have 
a recount of the ballots in these wards? 

Mr. O’Connell. Of course, I’m not, l)ecause I can’t. If you will agree with 
me to a recount-of these ballots, yes, 

Mr. Callahan. 1 am asking you if you intend to have a recount? 

Mr. O’Connell. If you will permit me to have a recount of these ballots I 
will have one with you. 

INIr. Callahan. You haven’t answered my question. I asked you if it was 
your pur])ose now to recount these ballots now, four wards? 

INIr, O’Connell. It is my purpose to have these ballots recounted at the 
proper time. 

Mr. Callahan. What do you consider the proper time? 

Mr. O’Connell. When the congressional committee says so. 

Mr. Callahan. I submit this is the proper time. 

Mr. Haeeington. You don’t want to waste time, Mr, Callahan. 

Mr. O’Connell. I will tell you this, if you will permit us to recount these 
ballots now, or go into an agreement with us, if you will recount them with us, 
I will start immediately to ask for a recount. 



TAGUE VS. FITZGERALD. 


291 


know these ballots have been recounted. The hoard 
lias no authority to go into it again. xne uoaia 

talking about any board. I’m talking about vou 

" Mr ^ if'® recount of these ballots. 

Ml . L ALLAHA^. I doii t agree with you. 

Harkington. It has been so ruled by Congress. 

Mv ^.fltipose if we agree to waive, we can waive anything. 

wards? question now in reference to certain votes in certain 

Mr. Callahan That’s just what I am trying to tind out. 

your purpose to take out certain votes cast 
prl ^ hJ'^t'nicts in the wards, and have those votes marked, or identi- 

hed, so that Congress may later see them? 

Mr O’Connell. To do exactly what we did last week, 
cincts purpose, I wish you would Si)ecify what pre- 


Mr. O Connell. They are in every precinct and everv ward. Now, whv do 
.^ou raise this controversy? It Was arranged at the time, you weren’t present, 
and I (lout know but that you were, it was understood and we i-eserved all 
these wards, after we got through election day 

Mr. Harrington. The statement was made to the presiding officers in the 
presence of Mr.^ Fitzgerald and Mr. Tague. I don’t know whether you were 
thei e oi not. e ^^ele coming back to take the votes out after the primaries. 
Callahan. On election day, exactly; that’s the understanding I had 
Harrington. That was the first day- 


Mr. 

Mr. 

Mr. 

:\Ir. 

INlr 

Mr. 


Berman. Gentlemen, you are eating up a lot of time here. 
O’Connell. Will you ask Air. Bnrlen to open the ballots? 
Callahan. Here are the allegations. 

Berman. Read them. 


Mr. Callahan. “ Ballot boxes were illegally used.” Now, here are specific 
allegations. Alany of those who M^ere unable to vote or did not vote in person 
M^ere fraudulently voted on.” That can’t be shown by ballots, “(d) Several 
Imndred votes were fraudulently cast for you in wards 5 and 6 in Boston by 
voters who lived outside the district and viio had no right to vote in said 
v ards 5 and 6.” , 

Now, I am proceeding in a very orderly way. 

Air. O’CoNNELi.. So you think. 

Air. Callahan. I know I am. 

Air. O’Connell. You are consuming a lot of time. 

Air. Callahan. I have a right when I am making a reasonable objection to 
consume lots of time. I am just making a valid objection; I am not doing it to 
consume time. “ Ballots were procured for use in ward 5 in violation of law, 
and in other details ”—that’s in ward 5—“ the said primary was illegal and 
fraudulently conducted in defiance of State and Federal laws.” 

Those are the four specific allegations, and I submit. Air. Notary, there is 
nothing in those allegations that relates in the remotest wav to wards 1, 2, 3 
and 4. 


Air. Berman. I think Air. O’Connell has the right to- * 

Air. Callahan. That involves a recount. 

Air. Berman. I don’t know what it involves. He has not started his case. 
A"ou are injecting something that has not occurred. 

Air. O’Connell. I want to say something right here and now. Air. Notary. 
I want to enter and register a protest against the tactics and against the prac¬ 
tices of the attorneys for Air. Fitzgerald and the manner in which they are 
obstructing this recount, this proceeding. We have spent a lot of time here 
now, and this is all for the purpose, to my mind, to encumber the record, to 
confuse the committee, and take up the time, and to make it impossible for us 
to complete this hearing within the time allowed. It is very evident this is the 
M'hole purpose. His last objection has been read into the record a half a dozen 
times, and more than a hundred times he has made speeches, so they shall be 
read with reprobation, when it comes to the committee and when they come 
to consider. He has been standing on technicalities, and objections have been 
made ever since the start of this hearing. This is a matter of taking deposi¬ 
tions ; speeches should not be injected into these depositions, and long state¬ 
ments should not be injected into these depositions. We are trying this case 
for Air. Tague, who is fighting this case, and I think we should be met at least 
with fair treatment, and all these subterfuges of your politicians will have a 
tendency to confuse the committee. 




292 


TAGUE VS. EITZGEKALD. 


Mr. Callahan. Mr. Notary, anybody on the congressional committee or the 
Committee on Elections ought to have an opportunity to come here and see the 
difference between my attitude and that of Mr. O’Connell, and would know 
perfectly well that I am trying to conduct it in a decent and orderly fashion. I 
am not trying in a blustering way to proceed unnaturally; I think we are try¬ 
ing it decently, and, as a matter of fact, Mr. Notary, I want to proceed 

decently and orderly, and I am only asking that one thing. I would like to 

have him state specifically, and only ask that the statute under which this 
committee is to examine and reject this evidence shall be carried out liteially. 
When he says we obstruct him he knows perfectly well if he has not got time 
that he has wasted a whole lot of time, and that is his own individual fault, 

nobody else he can blame; and I submit in all fairness and as quietly and 

decently as I can I would like to know the specific purpose for opening these 
ballots. 

Mr. O’Connell. I have alreadj^ told you the specific purpose. It was to 
prepare evidence for the congressional committee. 

Mr. Berman. I think Mr. O'Connell has the right to proceed in his own way^ 
and if you object to his proceeding in his own way, Mr. Callahan, your objection 
will be noted. 

Mr. Callahan. I ask that-my objection be noted. 

Mr. Berman. Mr. O’Connell, you may proceed. 

Mr. O’Connell. I would like to call your attention to what has happened. 
There will be many pages of typewriting, and it will be necessary—Mr. Tague 
is a poor man—every one of those pages has got to be paid for and the 
stenographer's time has got to be paid for, and I think it is outrageous to impose 
upon "Mr. Tague the further burden of having to pay for this unnecessary 
record. 

Mr. Callahan. I would like to say at the proper time that the remarks that 
I made and were read into the record, that my remarks be not stricken out. I 
will gladly pay for my remarks and you can pay for yours if you want to show 
such consideration for Mr. Tague; I will pay Mr. Tague for my remarks so far 
as it goes to my remarks. 

Mr. Berman. Congress is not interested in this. 

Mr. Burlen. ]\Ir. Notary, do you authorize me to open the ballots cast at 
the September 30 primaries for congressman in ward 1, precinct 1, Septem¬ 
ber 24? 

Mr. Callahan. Do I understand, Mr. Commissioner, that the boxes have 
not been opened since the recount? 

Mr. Burlen. This box has not been opened since September 30, 1918. 

Mr. Callahan. Put it into the record what it says on the seal. 

Mr. O’Connell. I am examining this man; please let me put that. 

Mr. Berman. Mr. O’Connell should have a chance to proceed. 

Mr. Brogna. I think the notary should have called attention to the condition 
of that box. 

Mr. Burlen. I asked the notary to authorize me to open the box in ward 
1 precinct 1. 

Mr. Berman. That box is sealed? 

Mrt Burlen. This says, “ This certifies it was opened September 30, for the 
purpose of recounting the votes.” 

Mr. Berman. I think you might delegate that to one of your assistants. 

Mr. Burlen. Thank you very much; Mr. Parnum come here. 

(Mr. Farnum, an employee in the office of the election board of the city 
of Boston takes charge of opening the boxes.) 

Mr. Berman. Mr. Farnum, will you call attention to the seals on the manila 
envelope? Is that a manila envelope? 

Mr. Farnum. That’s a canvas envelope, we call it. 

Mr. O’Connell. The seals? 

Mr. Farnum. Intact. 

Mr. O’Connell. Will you please open that. 

Mr. Berman. Mr. O’Connell, the envelope is open. 

Mr. O’Connell. Pick out those—will you open the first block and see what 
ballots are in there. 

Now, for the purpose of expediting this, do you want to have Mr. Farnum 
look in there and see if any of them are segregated in the exliibits? 

Mr. Callahan. I want to find out what you want to do. That’s what I have 
been trying to find out for the last 15 minutes. 

Mr. O’Connell. What block is that you have just looked at? 


TAGUE VS. FITZGEEALD. 


293 


Mr. Farnum. Block 1. 

^Connell. You don’t find any ballot marked as an exhibit‘d 
Mr. Farnum. No, sir. 

Mr. Berman. Or any ballot marked as protested? 

Mr. Farnum. No, sir. 

Mr. Berman. These are primary ballots? 

Mr. Farnum. These are primary ballots. 

Mr. O’Connell. Would that be marked on that other side? 

Mr. Burlen, let me ask you this, you were present at the recount of the 
piunary l 

Mr. Burlen. Yes, sir. 

(INIessrs M W. Burlen, Farnum, Monahan, and McLaughlin, the last two 
attaches of the office of the election board, were sworn at this time by the 
notary, Berman.) 

Mr. O Connell. Y ere not these ballots that were unsatisfactory at that 
time marked as exhibits? 

Mr. Burlen. Some were marked. I can’t say any in this precinct were. 

Mr. O’Connell. Wasn’t eyery ballot marked? 

Mr. Burlen. Eyery ballot that was protested. 

INIr. O’Connell. And if there was a protested one in ward 1, precinct 1 
block 1, it was marked as an exhibit? * 

Mr. Burlen. I think it was; yes. 

Mr. O’Connell. If it is not there, what’s the explanation? 

Mr. Burlen. Wasn’t marked, wasn’t protested. 

iMr. O’Connell. Certainly there was a protest about one ballot. 

Mr. Berman. What was the stenographic report of that contest? 

Mr. O’Connell. I’ve got it right here. 

Mr. Brogna. May I suggest your honor see if there are 50 there? 

]Mr. Berman. Let somebody else do that. 

Mr. Callahan. I don’t suppose you can let somebody else do that Here’s 
a witness on the stand. 


(Ballots counted by Mr. Farnum.) 

Mr. O Connell. Oiiiy 48 ballots in that block, which says the number of 
ballots contained in it is 50. Is that right? 

IMr. Farnuai. I find two marked as an exhibit. 

Ml. O Connell. I introduce Exhibit 1, which was counted for Fitzgerald. 

Now I introduce Exhibit 2, which was counted for Fitzgerald. Exhibit 2 
showing that the Tague- 

Mr. Callahan. Wait, wait; I object to that. 

Mr. O’Connell. I am going to describe each exhibit as I put them in in 
the order they may be in. 

Mr. Callahan. I submit you can’t describe them. If they are going to be 
described, the.y will be described by the witness. 

IMr. Beraian. I think counsel has a right to make comments on exhibits. 

Mr. O’Connell. I introduce this ballot, showing it should be counted for Mr 
Tague instead of Mr. Fitzgerald. 

IMr. Callahan. AVait, wait. Anything like that will haye to be giyen through 
the witness. It is eyidence we are after. 

IMr. O’Connell. I am going to state what I am going to show. Mr. Callahan. 
Don’t interrupt me until I get through. I am offering Exhibit 2 to show that 
this ballot should haye been counted for Peter F. Tague instead of John F. 
Fitzgerald, because an obliteration has been made against the name of Mr' 
Tague. 

Mr. Callahan. AVill you note my objection? 

Mr. Beraian. We note Mr. Callahan’s objection. 

Mr. O’Connell. I am offering Exhibit 1 because there is no cross against 
the name of John F. Fitzgerald. There is a line goes through into the name of 
Mr. Tague, and it should not be counted for either. 

IMr. Callahan. I submit that is argument. 

Mr. O’CloNNELL. I am stating what I am showing. 

Mr. Callahan. At the end of each block, if IMr. O’Connell insists on that, 

I ask the right to question the witness. 

Mr. O’Connell. Please put those ballots back—not out of my sight. 

Mr. Callahan. I think they are safer with me than with you. 

Mr. O’Connell. I will introduce my case when you will let*me proceed. 

Mr. Callahan. I submit, sir, before these ballots are put away I should haye 
these ballots described by this man as witness on the stand. 



294 


TAGUE VS. FITZGERALD. 


Mv . Bekman. You may have access to these ballots when you put your side 
of the case in. 

Mr. Callahan. Haven’t I a right to cro.ss-examine? 

Mr. Beeman. l^es. 

INIr. Callahan. Do I understand you are going to close up these boxes and 
I have got to open them up again? 

Mr. Berman. Do as you please. 

Mr. Callahan. You deny me the right to cross-examine this witness? 

Mr. Berman. You may have the right to put in your case the way you want 
to, but he is now putting in his exhibits. 

]\Ir. Callahan. He is putting in exhibits, but he has no right to make com¬ 
ments. If he wants to describe what is on that Ijallot- 

Mr. O’CoNNELi.. I am offering these exhibits, and I am attempting to identify 
them, so that the committee may understand what they are. Now, then 

Mr. Callahan. If identifying them is describing them- 

Mr. O’Connell. Give us the next envelope. 

Mr. Callahan. Please note my objection to that, Mr. Notary. 

Mr. Berman. Note Mr. Callahan’s objection. 

Mr. Callahan. I won’t agree that these should be kept on top. Put them 
in their respective lots. 

Mr. Farnum. This is block 2. 

Mr. O’Connell. I offer Exhibit No. 10, being a ballot of war 1, precinct 1, 
block 2, as having been counted for Fitzgerald when it should not have been, 
because of a large cross outside the square. 

Mr. Callahan. I object to Mr. O’Connell’s comment on the ballot. 

Mr. Berman. Note Mr. Callahan’s objection. 

:Mr. Farnum. I don’t see any on the outside of this. What’s your pleasure? 
Mr. O’Connell. Go through them, I suppose. Look through those others and 
see what is there. 

Mr. Callahan. I don’t think the blocks ought to be mixed up. 

Mr. O’Connell. I’ve got you mixed up. 

(Colloquy.) 

Mr. O’Connell. You don’t tind any in there? 

Mr. Farnum. I don’t find any in three. This is block 4, none. Block 5, there 
appears to be nothing there on the outside; none there. Block 6, none. 

Mr. O’Connell. I offer in evidence now those ballots that have been marked. 
What is the next precinct—precinct 2? 

Mr. Farnum. Seals intact. Seals to the canvas envelope intact. 

Mr. O’Connell. Open it up, will you, please? 

Mr. Farnum. Block 1, Exhibit 20. Block 2 now. 

Mr. O’Connell. You don’t tind any Exhibit 19 there? 

Mr. Farnum. You haven’t got anything in block 2, have you? 

Mr. O’Connell. Block 2, that’s ward 1, is it? 

Mr. Farnum. Yes; 1. 

Mr. O’Connell. No exhibits in block 2. 

INIr. Farnum. Block 3. 

Mr. O’Connell. No exhibits in block 3. 

Mr. Farnum. Block 4, nothing. 

Mr. O’Connell. You tind no exhibits in that block, Mr. Farnum? 

Mr, Farnum. No. Block 5, 2, Exhibit 72 and Exhibit 73. 

Mr. Farnum. Precinct 3, seals intact. This envelope [indicating] is sealed. 
(At this time Mr. Mike. Monahan helps out in the counting.) 

Mr. Farnum. There is nothing in that. That’s block 1. 

Mr. O’Connell. Exhibit 83, which was not counted for Mr. Tague, which we 
will claim should have been counted for Mr. Tague, because the cross was right 
under his name. 

Mr. Brogna. Please note our objection to comment of counsel. 

Mr. Berman. Yes; a general objection. 

Mr. O’Connell, Exhil)it 81, of which the cross was against the name of 
Tague and was not counted, although it ran below. 

Mr. Brogna. Again note our objection to comment of counsel. 

Mr. Farnum. Nothing in 3. Ward 1, precinct 4, seals intact. Canvas en¬ 
velope is sealed. 

Notary Mancovitz. Nothing found in block 5? 

Mr. Farnum. Nothing. Precinct 4, envelope empty. 

Mr. Brogna. None in block 2? 
air. Monahan. None in block 2. 





TAGUE VS. FITZGERALD. 


295 


m\-: s roSi;ri‘‘So^e'ri -‘’ 

wai ‘‘ .Vo'^-Tcfttat, was u"’* 

Mr. Farnum. No. 

aJI.* I don’t suppose that can be an exhibit until put in there. 

All. ULONNELL. I ask, clo you tind any ballot marked “Exhibit 91” Mr 
larnuin, ward 1, precinct 4? ^vihuil .fx, i\xi. 

1 *"'■ , l’‘'eci>ict 5. Envelope sealed. Block 

*' V ‘t'' '’• -t, nothing. Pi-ednet 6. all sealed. 

Camas emelope all sealed. Nothing in block 1, precinct 6. Biock 3 now 

ot'the cross befmVHre^'unfshotld*^^^^ 

All. Brogna. Note my objection to comment of counsel 

have also 

counted for Mr. Tague. 

Mr. Brogna. Note my objection to comment of counsel. 

:Mr. O’Connell. The same is true of 101. 

Mr. Brogna. Note my objection to comment of counsel. 

Notary Mancovitz. What block is that? 

Mr. Farnum. Block 1. 

Notary Mancovitz. Precinct 6? 

Mr. Farnum. Seven. Nothing in 3. Precinct 8 seals intact. Envelope 
sealed. Nothing in 1 and 2. Here’s 108 for Tague; do you sav vou don’t want 
it? It was in block 1. ‘ * 

Mr. O’Connell. No. 

Mr. Monahan. Nothing in block 2. 

Mr. Farnum. Bloc'k 3 nothing. 

]\Ir. Berman. It is understood that the liallots and papers and exhibits 
that have been produced here by the election commissioners this morning are 
permitted to remain in this room, under the care of a police officer, during the 
noon recess. Officer No. 262, who is Mr. Doyle, shortly to be relieved by officer 
named Carroll. 

(Noon recess until 2 o’clock.) 


Federal Building, 
Boston, March 5, 1919 — 10.25 a. xi. 

Mr. O'Connell. Mr. Notary, please call the list of witnesses for to-day. 

Mr. Berman. The hearing will be resumed. All those witnesses Miio are 


present whose names are called will 

IVilliam H. Hart (a). 

Joseph F. Howard (a). 

Alfred R. Rudd (a). 

Michael J. Bonner (a). 

Martin A. O’Hara (a). 

Janies H. Crinin (a). 

Stephen J. Casey (a). 

Herbert \V. Boylan (a). 

Mathias H. Casey (a). 

Robert L. AViseman (a). 

Bernard J. Fitzgerald (a). 

“Walter H. Lockman (a). 

Thomas F. Coffe.y (a). 

William A. Farrell (a). 

Dominick J. Harkins (p). 

Daniel J. Harkins (p). 

John A. Reilly (a). 

I.eonard Baer (a). 

Thomas J. Murphy (a). 

Harold M. Whaley (a). 

Thomas Walsh (a). 

Louis Locke (a). 

\Villiam H. Kelly (a). 

Morris Goldberg (a). 

Isaac Gordon (a). 


please ans\ver present. 

George Poggi (he testified yesterday) 
William H. Hennesy (a). 

(Jharles K. Di Fatta (a). 

George H. Cowan (a). 

William Kellfove (a). 

John W. Reilly‘(a). 

Thomas S. Sullivan (a). 

Austin F. Fitzgerald (p). 

Edward A. Skelly (a). 

Arthur J. Lee (a). 

Frank J. Rasley (a). 

Joseph J. Vincent (a). 

Edward S. Humphreys (a). 

Robert (j. Levenson (p). 

Henry A. Burke (a). 

Samuel A. Thomas (p). 

William S. Whaley (p). 

Joseph Reilly (a). 

Moses Caplan (a). 

Samuel Birnig (a). 

Dennis F. McCarthy (a). 

.lose])!! Cosgrove (a). 

John A- Sullivan (p). 

Edward M. Sullivan (a). 

Edward A. Skelly (a). 



296 


TAGUE VS. FITZGERALD. 


Bernard Sears (on call by telephone). 
Antonia Baneri (a). 

AVilliani .1. Murphy (a). 

Batrick .T. Fallon (a). 

Geoyse Fallon (a). 

Frank J. Hennick (a). 

Martin F. Lee (a), 
liiike D. IMcDermott (a). 

James J. McNulty (a). 

Sylvester J. Twoliy (a). 

Walter I. Brown (a). 

IMichael L. Caples (a). 

Philip L. Caples (a). 

Patrick H. Conley (a). 

James J. Cunningham (a). 

Edward J. McMannus (a). 

John A. McLaughlin (a). 

Frank ]M. Frost (a). 

Daniel Connors (pC 
Peter H. Kane (a). 

Augustus O. Corbett (a). 

George K. Shanklin (p). 

John J. Dolan (a), 

Aloysius J. Cregg (a). 

Raymond J, Cass (a). 

.John E. Duffy (a). 

.Joseph McDonnough (a). 

Robert Silverman (a). 

(diaries T. Cogan (p). 

John G. Walsh (a). 

John li. Murray (a). 

Michael Duffy (a). 

John Jj. Donovan (a). 

David Mancovitz (p). 

Edward J^. Flynn (a). 

.Tames ]McCaffrey (a). 

Jolin J. Horrigan (a). 

George D. MacNeil (a). 

Thomns JJnehan (a). 

.John J. Quain (a). 

Edward J. O’Brien (a). 

Jx^o Spellman (a),. 

Daniel .1. Shea (a). 

JJaniel .1. Sullivan (a). 

Patrick J. Sheehan (a). 

John Dick (a). 

Mr. Bkrman. Are there 
called? 


Charles F. Ldtzgerald (a). 

Patrick .1. Bowen (a). 

Ihitrick F. IJalleran (a). 

.John F. Juimhert (a). 

'.Jeremiah E. Crowley (a). 

Charles Jj. Smith (a). 

J^atrick I^eonard (a). 

Peter Dukelow (already testified). 
Henry F. Moran (a). 

.John McGowan (a). 

Timothy W. Corkery (p). 

Thomas H. Jveenan (testified). 

Dennis Reardon (a). 

.Tames J. Green (p). 

Thomas J, Gihlin (p). 

Richard A. Nagle (a). 

.John McGrath (a). 

Thomas D. Hallahan (a). 

Cornelius Driscoll (a). 

.John .T. Scannlan (a). 

William E. Ryan (a). 

Dennis Reardon (a). 

Frank P. Lesley (a). 

Thomas Lawton (p). 

Michael Jmfferty (a). 

William F. Jvennedy (a). 

.John B. Hennick (a). 

Thomas J’’. Riley (a). 

Thomas W. J^ucas (testified before). 
Dennis .1. I.ieary (a). 

Stephen W. Carlin (a). 

Fred Jj. Ross (a). 

George J^. Sullivan (a). 

Park W. Wilde (a). 

Thomas F. Ward ta). 

Owen Tirrell (a). 

J’atrick .1, Jvane (p). 

Bartholomew Hegerty (a). 

Charles IMayer (a). 

Richard .1. Jveaney (a). 

George W. Nash (p). 

Harry Swartz (a). 

.John B. McManus (a). 

Ernest Waldron (a). 

.John W. IMorton (a). 

Thomas Deeley (p). 

names have not been 


any witnes.ses present whose 


Thomas H. Corcoran (p). Jhitrick I^. Comer (p). . 

f’yrus N. (Campbell (p). George W. Hill (p). 

John H. Norton (p). 

IMr. Berman. All the witne.sses will please raise their right hands. 

(Oath administered by the notary.) 

IMr. Callahan. At this time J want to call attention to the fact, Mr. Notary, 
that these witnesses wmre summoned to another room, on another floor in the 
building, and were summoned here at 9.30. 

IMr. Harrington. J want to say that at-9..3{) J was present at room .395 and 
directed all who were there to come up here and left word with the elevator man 
lo direct all up tO' this room. AYe were all here at 25 minutes of 10, and Mr. 
Callahan was not here until 15. 

Mr. O’Connell. Make a note that this building is controlled by the LTnited 
States marshal, and the United States marshal assigned us to that room in 
the beginning, and then the United States marshal has transferred us to this 
room, for the accommodation of .iTiries and officials of this building. And we 
have taken the precaution that everybody wbo comes to that room is transferred 
to this room. 


TAGUE VS. FITZGEEALD. 


297 


]Mr. Callahan. I want to say, Mr. Notary, the statute requires them to give 
us .a day’s notice of the place in whicli this hearing is to be held. We have not 
received that day’s notice. We have received a notice, but not for a day. 

Mr. O’Connell. The hearing is being beld in court rooms of the Federal build¬ 
ing. At this time I want to call attention, and have it go in the record, to this 
fact, that out of a list of 138 witnesses summoned for to-day only 21 have shown 
up. I want to read into the record the list of these absentees and otfer, when 
I get through, the official returns of the United States marshal of the service on 
these various men. All these men I read off are absentees and are men who 
vote in the tenth congressional district, and all of them were alleged to be 
illegally registered in that district: 

William H. Hart, United States Hotel. 

Joseph F. Howard, 177 Endicott Street. 

Alfred It. Rudd, 177 Endicott Street. 

Michael J. Bonner, 93 Endicott Street. 

Martin A. O’Hara, 6t> Bowdoin Street. 

James H. Cronin, Revere House. 

Stephen J. Casey, Revere House. 

Herbert W. Boylan, Revere House. 

Mathias H. Casey, Revere House. 

Robert L. Wiseman, 54 Howard Street. 

Bernard J. Fitzgerald, 66 Bowdoin Street. 

Walter H. Lockman, 31 Chamber Street. 

Thomas F. Coffey, 38 Wendall Street. 

William A. Farrell. 93 Endicott Street. 

John A. Reilly, 7 Chambers Street. 

I.eonhard Baer. Young’s Hotel. 

Tbomas J. Murphy, Quincy House. 

Thomas Walsh, Flotel Central. 

Louis Locke, N. E. House. 

William H. Kelly, Crawford House. 

Morris Goldberg, 128 Court Street. 

Isaac Gordon, 128 Court Street. 

William H. Hennessy, Rossmore Hotel. 

Charles K. DiFatta, Hotel Lucerne. 

George H. Cowan, Hotel Lucerne. 

William Kellfoye, 14 Chamber Street. 

•Tobn W. Reilly, 54 Howard Street. 

Thomas S. Sullivan, 54 Howard Street. 

Edward A. Skelly, Quincy House. 

Arthur J. Lee, 24 Chambers Street. 

Frank J. Rasley. Quincy House. 

Joseph J. Vincent, 367 CJiestnut Street. 

Edward S. Humphreys, 367 Cambridge Street. 

Henry A. Burke, Derby House. 

Joseph Reilly, Y’^oung’s Hotel. 

Moses Caplan, Quincy House. 

Samuel Birnig, Windsor Hotel. 

Dennis F. McCarthy, Hotel Rexford. 

Joseph Cosgrove. Hotel Rexford. 

Edward IM. Sullivan, Quincy House. 

Edward A. Skelly, Quincy House. 

Antonio Raneri, Quincy House. 

William .1. Murphy, Quincy House. 

Patrick .1. Fallon, Hotel Lucerne. 

George Fallon, Hotel Lucerne. 

Frank J. Hennick, Hotel Lucerne. 

^Martin F. Lee, Hotel Royal. 

Luke I). IMcDerm-ott, Lincoln House. 

.Tames J. McNulty, Lincoln House. 

Sylvester J. Twohy, Hotel Bowdoin. 

Walter I. Brown, Hotel Commonwealth. 

Michael L. Caples, Quincy House. 

Philip L. Caples, Quincy House. 

Patrick H. Conley, Quincy House. 

James J. Cunningham, Quincy House. 

Edward J. IMcMannus, Quincy House. 


298 


TAGUE VS. FITZGERALD. 


John A. McLaughlin, Quincy House. 

Frank M. Frost, Quincy House. 

Peter H. Kane, Derby House. 

Augustus O. Corbett, Merrill House. 

John J. Dolan, Hotel Ketterer. 

Aloysius ,T. Cregg, Revere House. 

John E. Duffy, Hotel Lucerne. 

Joseph McDonough, Windsor Hotel. 

Robert Silverman, Commonwealth Hotel. 

John G. Walsh, Commonwealth Hotel. 

John R. Murray, United States Hotel. 

Michael Duffy, Hotel Bowdoin. 

John L. Donovan, 14 Noanet Street. 

Edward L. Flynn, Hotel Lucerne. 

James McCaffrey, Hotel Lucerne. 

John J. Plorrigan, Hotel Lucerne. 

George D. MacNeil, Hotel Lucerne. 

Thomas Lineham’, Hotel Lucerne. 

John .7. Quain, Hotel Lucerne. 

Edward I. O’Brien, Hotel Lucerne 
Leo Spellman, Hotel Lucerne. 

Daniel J. Shea, Hotel Lucerne. 

Daniel J. Sullivan, Hotel Imcerne. 

Patrick .7. Sheehan, Quincy House. 

Charles V. Fitzgerald, Crawford House, 
l^atrick ,7. Bowen, Crawford House. 

Patrick F. Halleran, Hotel Ivetterer. 

John F. I.,ambert, Crawford House. 

Jeremiah E. Crowley, 19 Causeway Street. 

Charles L. Smith, Ilotel Ivetterer. 

Patrick Leonard, 19 Causeway Street. 

Henry F. JMoran, 19 Causeway Street. 

John McGowen, 19 Causeway Street. 

Dennis Reardon, 88 Calumet Street, 
liichard A. Nagle, 54 Howard Street. 

John McGrath, United States Hotel. 

Thomas D. Hallahan, 54 Howard Street. 

Cornelius Driscoll, 54 Howard Street. 

John .7. Scannlan, Revere House. 

AVilliam E. Ryan, Revere House. 

Dennis Reardon. Revere House.' 

Frank P. Lesley, Revere House. 

Michael J. Lafferty, Revere House. 

AVilliam F. Ivennedy, Revere House. 

John B. Heunick, Ilevere House. 

Thomas F. Riley, 128 Court Street. 

Dennis J. I^eary, Crawford House. 

Stephen F. Carlin, Hotel Hamilton. 

Fred L. Ross, Rossmore Hotel. 

George L. Sullivan, Crawford House. 

Park B. Wilde, Crawford House. 

Thomas F. AVard, Hotel I^ucerne. 

Owen Tirrell, Crawford House. 

Bartholomew Hegerty, Hotel Central. 

Charles Mayer, Hotel Central. 

Richard J. Keaney, Hotel Central. 

Harry Swartz, Hotel Royal. 

John B. McManus, Hotel Central. 

Iilrnest AA'aldron, Hotel Central. 

John A\^ Morton, Hotel Royal. 

(On the back of the sheets containing these names is written “March 4, 
12 o’clock, noon, I hereby accept service of the within list of witnesses. T. F. 
Callahan, for John F. Fitzgerald.”) 

Mr. O’Connell. These men are all summoned from the following houses, in 
which we allege illegal registration took place: Merrill House. Ivetterer Hotel, 
Revere House, Quincy House, Hotel J.ucerne, Hotel Central, Crawford House, 
Derby House, New England House, Hotel Commonwealth, IJncoln House. 


TAGUE VS, FITZGEEAED. 


299 


ChambPr^' Causeway Street, and other houses on Causeway Street, 

kvnn on f ’ ^ streets, and we have sunnnoned the registers 

\MV VnViinM H ’ brought u register has been the 

^ ’ House; all the others being destroyed, or refusing to answer. 

men^ iMHudino- returns of the deputy marshal for service on these 

records yesterdays list, in order that they can be incorporated in the 

I 111 ‘ike an observation, while Mr. C’Connell 
I attention to the fact that this room is in a 

vnn ^ t ^ ? ^ Federal Building, and difficult for witnesses to find this 

loom, unless directed here properly, and I maintain they haven’t been directed 
Here properly. 


y.Ir. Berman. Nothing remote about this room. It leads off the corridor, and 
off the large room we have been holding our hearings in. 

Mr. O’Connell. It is a part of the court room, 
yir. Berman. And easily accessible to all witnesses. 

Ml. O Connell. I would like to read into the record the list of witnesses 
which have been furnished to Mr. Callahan, and been accepted bv him and 
that IS the same list which I have read off with the additional names ’ 

Mr. Callahan. They are in the record. 

Mr. O’Connell. I don’t think they have been put in, Mr. Callahan. I will 
offer them at this time, all the lists of witnesses wdiich have been furnished 
to Mr. Callahan, services of wffiich has been accepted by him. 

Mr. Berman. Service of the list? 

Mr. O’Connell. With acceptance of the lists written in. 

Mr. Callahan. And the last two days w'e took the precaution to put on the 
time of day, because I contend none of those lists w\as served on us legally 
List of witnesses given to the United States marshal for service in the case 
of Peter F. Tague v. John F. Fitzgerald, for February 25, 1919 : 

Mrs. George H. Connor, 12 Whiton Street, Dorchester. 

Mary Ryan, 11 Paislie Park, Dorchester. 

Mrs. Timothy J. McKeon, 38 Woodford Street, Dorchester. 

Mrs. Francis J. Dow’d, 6 Leroy Street, Dorchester. 

Mrs. Harry E. Newton, 646 Morton Street, Dorchester. 

Miss INIaddox, 8 Erie Street, Dorchester. 

Mrs. Gorman, 27 Vincent Street, Dorchester. 

John Leonard, 42 Blue Hill Avenue, Dorchester. 

Hyman Lebofsky, 80 Intervale Street, Dorchester. 

Mrs. Frank Bradford, 24 Jermoe Street, Dorchester, 
yir. Concree, 95 Geneva Street, Dorchester. 

Mrs. Daniel P. Kelly, 49 Lasalle Street, West Roxbury. 

Mary E. Crossman, 1088 Bennington Street, East Boston. 

Charles T. Rooney, care of Estey & Walsh, Bennington Street, Boston. 
Edw^ard I. Kelley, 30 Faxon Street, East Boston. 

Mrs. Frank J. Neylon, 48 Monument Street, East Boston. 

Patrick F. Comber, 68 Chestnut Street, Boston. 

Valentine F. McCormick, Central Post Office, Boston. 

Arthur W. Pierce, 43 Lynde Street, Boston. 

Mrs. Daniel J. McLaughlin, 169 Crescent Avenue, Revere. 

.To.shua Harron, 137 Bellingham Avenue, Beachmont. 

Mrs. John F. Beatty (Dr. Mary Moore), 1402 Commonw’'ealth Avenue, Allston. 
Mrs. Eugene Seleg, 41 Naples Road, Brookline. 

Henry J. O’Meara, 121 University Road, Brookline. 

Mrs. Joseph Kraft, 2 Summit Avenue, Brookline. 

Mrs. Lombard, 19 Essex Street, Cambridge. 

Mrs. William F. Ford, 15 Williams Street, Cambridge. 

Mrs. Mary F. Fallon, 254 Brookline Street. Cambridge. 

Mrs. Frank J. Callahan, 23 Ellsw'orth Avenue, Cambridge. 

Miss McQuade, 6 Taunton Street, Somerville. 

Mrs. James Lang, 309 Medford Street, Somerville. 

Mrs. E. Gavin, 139 Boston Avenue, Somerville. 

Mrs. Frank J. Cole, 14 Cypress Street, Somerville. 

Mrs. William A. Leahy, 48 Partridge Avenue, Somerville. 

Mrs. Charles Allen, 9 Rockville Street, Roxbury. 

Mrs. Bernard H. Kirstein, 14 Devens Street, Roxbury. 

Mrs. Feeney, 29 Elm Hill Park, Roxbury. 


300 


TAGUE VS. FITZGERALD. 


lui i- 55 Alpine Street, Roxbnry. 

Mis. \Vmifred Diinn, 15 Shirley Street, Roxburv. ‘ 

Mrs Alary H. Baker, 35 Mount Pleasant Street, Roxburv. 

Catherine Doherty, 17 Harvard Street, Roxbury. 

Kayniond Kiley, 12 Treinont Street, Charlestown. 

43 Washington Street, Charlestown. 

Miss Corcoran, 14 Auburn Street, Charlestown 

mS’ ""c 137 Rutherford Avenue, Charlestown. 

Elizabeth Rogers, 6 Adams Street, Charlestown. 

Mrs. Brimm, 28 Theodore Street, Mattapan. 

Agnes S. Cronin, 38 Hawthorne Avenue, Winthrop. 

^IcEarron, 100 Princeton Street, Aledford. 

Airs. Charles D. Celeste, 77 Princeton Street, Aledford. 

[On the back of this paper is written in ink: “Feb. 24, 1919 I accent service 
of the within list of witnesses. T. F. Callahan, for iohn F FitzS^”] 

Timothy F. Callahan, Esq., Febehaky 28, 1919. 

Attorney for John F. Fitzgerald, 

JfO Court Street, Boston, Mass. 

l^P®''4ng is the list of witnesses given to the United States 
Ma^clll, 19191^'^""" F. Fitzgerild for 

Thomas F. Riley, 118 Bowdoin Street, 21 Washington Street, Dorchester. 

Qmncy House, 30 Alagnolia Street, Dorchester. 

Ihonias F Bo^ves, Quincy House, 57 Alora Street, Dorchester 
Louis Locke, New England House, 101 F. H Alarket 
Thomas H. Keenan, Hotel Haymarket, 25 Henshaw Street, Brighton 
Rear 14 Causeway, 128 Walnut Street, Revere. 

Milliam J. Bonning, Hotel Lucerne, 15 Claxton Street. Roslindale 
Edward J Mulvehill, 31 Lynde Street, 346 Broadway, Cambridge 
.Tames J- Bavin, Lincoln House, 28 Redmond Street,^ Jamaica Plain 
Michael O Connor, 1<2 Blackstone Street, 46 Walnut Park, Newton 
Sylvester De Rosey, Hotel Lucerne, 761 Broadway, Somerville 
Michael J. Fitzgerald, Police Station 16, 63 Canal Street, Winthrop. 

Moses Krovitz, Hotel Lucerne, 72 Alyrtle Street, Boston 
Alichael F. Durrant, 37 Billerica Street, Boston. 

Philip J. Ahearn, 76 Green Street, 130 Alyrtle Street, Boston. 

Irank J Gibbons, 102 Staniford Street, 19 Albemarle Street, Boston 
Thomas AIcHugh, 44 Cooper Street, 148 Warren Avenue, Boston 
Robert C. Smith, Revere House, Boston. 

Peter Dulvelow, 19 Causeway Street, 21 Prospect Street. Boston 
Charles F. Gallagher, Ketterer Hotel, 42 Beach Road, Winthrop’ 

Charles M. Hollander, 37 Leverett Street, 84 Fenway Street, Boston 
Charles Hart, Lincoln House, AVest End, 23 Irving Street, Boston.’ 

Heniy J. Fowler, Revere House, 125 St. Botolph Street, Boston 
James E. AIcGonagle, Alerrill House, 93 Binney Street Roxburv ’ 

Edward D. O’Dwyer, 382 Hanover Street, 25 Brook Avenue, Ro,4urv 
.John Lomasney, Hotel Bowdoin, Boston. 

.John L. Smith, 19 Causeway Street, Boston. 

.lames''F. Brown, Hotel Lucerne, Boston. 

Philip S. Doherty, Lincoln House, 195 Alain Street, Charlestown 
Neil E. Callahan, 30 Causeway Street, Boston. 

John J. Graham, 153 Princeton Street, East Boston. 

Edward Clarke, Hotel Bre\vster, Boston. 

AVillard E. Gallagher, St. .Tames Hotel, Bay State Road, Boston 
John R. Alurray, United States Hotel courthouse officer’ Boston’. 

Frank C. Hyde, 115 Brown Street, Brookline. 

Airs. Ella Whitney, 57 Alora Street, Dorchester. 

Thomas Riley, jr., 21 Wellington Street, Dorchester. 

A"ery truly, yours, 

Joseph F. O’Connell, 
Attorney for Peter F. Tague. 

[On the back of this list is written in ink: “I accept service of the within 
list of witnesses. T. F. Callahan for .Iohn F. Fitzgerald.”] 


TAGUE VS. FITZGERALD. 


301 


record, beginning^oi^pa/e ^03 written in this 

back of that list is ^Yvhtti 7 n in ‘‘m the 

service of the within list of witnesses T ^V'^’oVl/ih^^^* f ‘Accept 

:Mr. O’Connell. At this timn Callahan for John F. Fitzgerald.” 

sentative John I PJtzo-ei-nhi to make note of the fact that Repre¬ 
yesterday took his place so hV conhi fnn^ 'T 1?“^ ^ testimony, 

so that he conld intimidate tlmm ntinT witnesses in this room, 

manner to-dav and I ain maldno- fiia taken his place in the same 

of intinndatioA, ami im imf the purpose 

“ that ha^ C 

Q. hat IS yoiir full name, Mr. Pedrick? ^ or tne case. 

Ills ^«“"«tate“fo^th'rpnr^^^ 

Welf in ^ t^erfect right to be in the room. He^Ts not cmid* 

Tliafs all froth froni^lFo’Cnne^l'^’^hi;^^^^ Sn'e* mti,nl,late the witnessel! 

TPIOMAS F. PEDRICK, sworn. 

Direct examination by Mr. O’Connell: 

Q. What is yoiir name, Mr. Pedrick?—A. Thomas F. Pedrick. 

Ye^* sir sergeant at arms of the Commonwealth of Massachusetts ?—A. 

year t'edrick?—A. This is my tenth 

^ official capacity as sergeant at arms of the Common- 
rr ealth of Massachusetts, did you receive from the ballot law commission 
lists of witnesses to be summoned, and did you then try to serve summonses on 
hoVy/attend before the hearing that was then being held before the 
ballot law commission for the purpose of inquiring into the primary election 

of the congressional nominee in the tenth district?_A Yes ^ 

Q. Have you the summonses, the results of vour efforts to find the wit 

O'Counell [showing counsS package] 

^ Q. Mhat aie these?—A. Those are the summonses we tried to serve, and the 
returns on those we did serve, and some there that were served bv the State 
police on the last day or two. Those kept coming. 

Q- ^bat are these in the envelopes?—A. Those are some of them that 
couldn t be served. [Witness looks at package with counsel.] 

Pedrick, your evidence should be given so that everybody 


say the returns of the officers are on the backs of those 


^Mr. Bkogna. Mr 
can hear it. 

The M’itness. I 
letters. 

Mr. Beogna. M e are entitled to hear what the witness has to say. 

Mr. O’Connell. He is trying to do that to help me out. MJiat do vou want 
to be pettifogging that way for? 

First, I want to offer, to put in evidence, a letter as follows : 


Boston, October 22, 1018. 

Thoaias F. Pedrick. 

Dear Sir : As counsel for Henry R. Gray and several others whose names 
appear on the list of those qualified to vote in ward 5 , and who appear on the 
list of names in your office, being summoned before the ballot law commis¬ 
sion, returns on which summonses I have not seen, I respectfully ask that in 
accordance with the requests, made by the commission, that the "returns made 
by the officers on each name be forwarded to me. 

Very truly, yours, 

Martin M. Loaiasney. 


Q. AVas that letter handed to you by Mr. Lomasney?—A. I can’t tell you. 
I took these names that were given to me by the chairman of the ballot law 
commission and made summonses on them. 

Q. This is addressed to you?—A. That was sent to me by Mr. Lomasney, as 
I understand it. 

Mr. Brogna. It wasn’t given to you? 

The Witness. It was given to me, from, I understand, the ballot law com¬ 
mission. 


302 


TAGUE VS. FITZGERALD. 


Mr. O’Connell. I offer at tins time these papers submitted by the sergeant 
at arms. 

Mr. Callahan. What papers do you mean, Mr. O’Connell? 

Mr. O’Connell. Being all the official papers in connection with the hearing 
of this case, and being confined, as I understand, to the summonses given you 
by the ballot law commission, and with the returns of the officers who served 
on them? 

The Witness. Yes, sir. 

IMr. Berman. Will you have ithem marked for identification? 

Mr. O’Connell. I want to have them marked for identification. Well, then, 
I offer these. 

Mr. Berman. Those are summonses and i)apers brought here by the sergeant 
at arms. 

Mr. O’Connell. Yes. 

INIr. Berman. In reference to tlie hearing before the ballot law commission? 

Mr. O’Connell. l’'es. 

Mr. Callahan. To become part of the record? 

Mr. O’Connell. To become part of the record. 

Mr. Callahan. So they will be read into the record? 

Mr. O’Connell. So they will be read into the record. 

Mr. Notary, I ask you to impound those. 

Mr. Berman. That may be done. 

Mr. Callahan. Do you regard those as official documents to be kept entirely 
in your care, Mr. Pedrick? 

The Witness. l"es, sir; State property; State documents. 

Mr. Callahan. They are State documents? 

The Witness. Yes, sir. 

Mr. Berman. It being necessary in the growth of this case to have these 
papers sent to Washington, have you any objection to leaving them in our cus¬ 
tody, so (they may be sent to the committee to hear this case, and later returned 
to you? 

The Witness. No. 

Mr. Berman. Y^ou have no objection? 

The Witness. I have not. 

Mr. O’Connell. Then, we will take care of them. 

Mr. Callahan. Did you answer that, Mr. Pedrick? 

The Witness. I have no objection. 

Mr. Callahan. Whose property would you regard that, the property of the 
department of the sergeant at arms, or the ballot law commission? 

The Witness. Those summonses were given to me to summons witnesses by 
the ballot law commission. They are in my custody and belong to the State 
of Massachusetts. 

Mr. Callahan. State of Massachusetts. Now, I suppose, in order that there 
will be no chance of. any of those documents being lost, every precaution ought 
to be taken, and ought to be certified, and I don’t see how official documents 
can leave the State unless you introduce certified copies of each one of them. 
You have no right to take official documents, and only on your ability to fur¬ 
nish certified copies. 

Mr. O’Connell. Do you want to mark those with me? 

Mr. Callahan. No; I think that is entirely your job and the sergeant at 
arms. 

Mr. O’Connell. All right; I will take care of them. That’s all, Mr. Pedrick. 

Mr. Callahan. I have no objection to their going into the record, but counsel 
ought not to do that way. 

Mr. O’Connell. I am going to give them to the notary. 

Mr. Berman. Mr. Pedrick having no objection, we will take them. 

Cross-examination by Mr. Callahan ; 

Q. Just one minute, Mr. Pedrick. There are something over four or five hun¬ 
dred papers there, aren’t there?—A. I should say there were. 

Q. Now, for the purpose of the record, I want to object. Have you any other 
copies of those?—A. No. 

Q. Those are your only copies?—A. Yes. 

Q. If those are lost. State documents are lost?—A.. So far- 

Q. And you have no permanent record of them?—A. I have got a permanent 
record of them in my office. 

Q. Got copies of all these?—^A. Yes. 



TAGUE VS. FITZGERALD. 


303 


Q. So they may be kept properly and so that they may be accessible and 
everything introduced at the proper time and not some be sorted out and some 
behind. I suggest counsel have them marked, and marked properly as 
exhibits, so at the right time they may all be in. i ^ 

Mr. O Connell. I offered to have you mark them with me. 

:\rr. Callahan. It isn’t my case, Mr. O’Connell. 

Mr. Berman. The thing to do, gentlemen, at this time 
documents in the charge of Mr. Pedrick, leave the exhibit to 
on call. 

Mr. Callahan. Satisfactory. 

Berman. Any objection to that? 

O’Connell. I have no objection to anything. 

Berman. To be called for by me or by the committee. 

O’Connell. That is my original suggestion. Glad to see it worked out 


is to 
go to 


leave those 
Washington 


Mr. 

Mr. 

Mr 

Mr. 


all right. 


By Mr. Callahan : 

Q. Now, Mr. Pedrick, in summoning witnesses before the ballot law commis¬ 
sion you used your own messengers, did you?—A. Yes, sir. 

Q. And then as the meeting progressed, as the hearing progressed, did you 
also call in the services of the State police?—A. Yes, sir. 

Q. And how many State officers were assisting you in summoning witnesses?— 
A. I think 8, Mr. Callahan, maybe 10; but quite sure it was 8. 

Q. You used every facility you had in your own office, and every officer that 
the State police could allow you, in summoning these witnesses to that hearing, 
isn’t that so?—A. Yes. 

Q. Did you or the ballot law commission refuse to summons any witness?—• 
A. Not that I know of. 

Q. How many names were given to you at a time, Mr. Pedrick?—A. Why, 
sometimes 50, sometimes half a dozen, sometimes 100. 

Q. Gave you 100 a day?—A. Yes. 

Mr. Callahan. That’s all. 

Mr. O’Connell. Just one question. 

Redirect examination by Mr. O’Connell: 

Q. Do .vou remember the fact called to the attention of the ballot law com¬ 
mission that certain lists of names given to them had not been summoned by 
you?—A. As far as I know, Mr. O’Connell. 

Q. No; in reference to the controversy that took ‘ place—jmii remember the 
controversy in regard to the list of 18 names that was given in and had 
not been turned over to you?—A. Something to that effect. I don’t remember. 

Q. You served all the papers that were given to you?—^A. I did.' 

Q. Your attention was called at that time to the fact that no notices were 
served on certain names, and you said you had not received those names?—A. I 
couldn’t find the names. 

Q. At that time Commissioner ITnson acknowledged he had received the 
names of Mr. Goodwin and didn’t know what had become of them?—A. Yes. 

Mr. O’Connell. That’s all. 


Recross-examination by Mr. Callahan : 

D. Now, Mr. Pedrick, when they gave you these names to sumimm witnesses 
how long a time would they give you to bring the witnesses in, the following 
day?—A. Sometimes the same day, and sometimes the following day. 

Q. So, if they gave you a list of 100 names, they would ask you to bring 
those witnesses in the same day or the next day?—A. I kept my force of 
messengers, my clerks, working till 10 and 11 o’clock at night to get them out. 

Q. When this hearing was being held the legislature wasn’t in session?— 
A. No. 

Q. So that you could give a great deal of time to this particular hearing?— 
A. The constitutional convention was in session. 

Mr. O’Connell. No. 

Q. Not at that time?—A. October? No, no; they had got through.- 

Q. We were all members of that. So, as a matter of fact, Mr. Pedrick, you 
were at most of these liea.rings of the ballot law commission?—A. Except the 
time I had a list handed to me, and then I would go to my office. 

Q. This hearing was conducted in an orderly fashion?—A. So far as I know. 

Q. There wasn’t any disorder that you know of?—A. I wasn’t there all the 
time. 


304 


TAGUE VS. FITZGERALD. 


Q. You had your messengers in the room and in the corridors?—A. I had 
them in the room and in the corridors, and some were out serving summonses, 

Q. And you had one or two State police in the corridor?—A. Two. 

Re-redirect examination by Mr. O’Connell : 

Q. They were in the corridor to keep peace there, weren’t they?—A. Y^es. 

Q. And you were called ui)on by the ballot commission to stop the disturbance 
that was taking place there? 

Mr. Callahan. WaK; wait; let him tell why he was called. 

Q. Isn’t that a fact, Mr. Pedrick? 

Mr. O’Connell. Please, Mr. Callahan, please. 

A. I beg your pardon. 

Q. Isn’t it true you were called on by the commission to have a force of 
police there, there was so much disturbance in and around the room?—A. I 
can’t say as to that, Mr. O’Connell. I knew the State police had been up there. 

Q. You recall the fact a man was assaulted there?—A. I was in my office 
making out summonses at that time. 

Q. I mean as the result of the assault, you were told by the commission to 
put officers on guard?—A. They were there before that time. 

Q. Were they there during the assault? 

Mr. Brogna. He says he doesn’t know. 

A. I don’t know. 

Mr. O’Connell. Y"ou are going to butt in now? 

]Mr. Brogna. I suppose I have a right to. 

Mr. O’Connell. You’re afraid. 

Mr. Brogna. Afraid of nothing. 

Q. There was a big crowd in the hall, wasn’t there?—A. Most of the time. 

(}. And the crowd was trying to get in most of the time?—A. Yes, sir. 

Q. And that crowd was trying to get in the door?—A. Y"es, sir. 

(h And whether it strung out in the corridor there?—A. Yes, sir. 

Q. And your officers were kept inside the room and outside the room?—A. 
Messengers. 

Q. They were in officers’ clothes or in the uniform of officers?—A. Certainly. 

Q. Commissioned by you to see that they kept peace?—A. I always had them 
when the crowd was around there. 

Mr. Callahan. That ’s your job, to keep peace? 

Q. You instructed them to see that order should be kept?—A. Certainly. 

Mr. O’Connell. That’s all. 

Ro-recross-examination by Mr. Callahan : 

Q. Now, Mr. Pedrick, isn’t it true you were instructed by the commission to 
have messengers and police there to keep the people from crowding in, because 
of the influenza epidemic at the time?—A. Partly that. 

Q. Weren’t you instructed by the commission on that score?—A. I would not 
say as to that, Mr. Callahan; but I took some precautions, myself. 

Q. At one time, do you recall the commission ordering every person out of 
the room, except counsel and witnesses?—A. I think so. 

Q. On account of influenza?—A. I think so. 

Mr. O’Connell, But the room was crowded all the time? 

'The Witness. Most all the time. 

Mr. Berman. Now, Mr. Pedrick. so there will be no misunderstanding about 
these summonses you brought here this morning, do you want to keep them 
where we can get at them any time it is necessary? 

The Witness. Yes; I will lock them up. 

Mr. CTConnell. I requested you to bring them,-and you are willing to leave 
them with Mr. Pedrick to be forwarded to the congressional committee subject 
to your orders. 

The Witness, Yes. 

Thomas F. Pedick. 

THOMAS J. MURPHY, sworn. 

Direct examination by Mr. O’Connell : 

Q. What is you full name?—A. Thomas J. Murphy. 

Q. Where do you live?—A. Quincy House, Brattle Street, Boston. 

Q. How long have you lived at the Quincy House?—A. Lived there 10 years. 

Q. Have you got a home elsewhere?—A. No, sir. 

Q. Ever lived in Dorchester?—A. I did. 


TAGXJE VS. FITZGEKALD. 


305 


Q. How long ago?—A. Ten years ago. 

Q. When did yon give up your home there?—A. Ten years ago. 

Q. Are you a married man?—A. I am. 

Q. Got a family?—A. I have. 

Q. One son?—A. One boy and wife. 

Q. Where do your wife and son live?—A. Quincy House. 

Q. Have you brought the records here, Mr. Murphy, showing the registra¬ 
tion for 1918?—A. I wasn’t asked to. 

Q. It was understood by Mr. McCarthy that he was to notify you of the fact. 
Mr. Callahan. That’s not so. He said there were no such records. 

Mr. O’Connell. He said he would bring the records. 

Mr. Callahan. The mere fact you said he did doesn’t prove anything. 

Q. Are there any records of the register of the people in the hotel on the 1st 
of April, 1918?—A. No, sir. 

Q. Do you know where they are?—A. We have not them. 

Q. Know where they are?—A. Been destroyed. 

Q. When were they destroyed?—A. I couldn’t say definitely. 

Q. Are the records prior to April 1, 1918, destroyed?—A. Yes. 

Q. So there are no records showing who was living in that hotel on April 1. 
or prior to that date?—A. Not to my knowledge. 

Q. Do you know who gave the order to destroy them?—A. Why, yes, sir. 

Q. Who was it?—A. Mr. McCarthy. 

Q. Which one?—A. J. J. McCarthy. 

Q. He’s one of the proprietors?—A. He’s one of the proprietors. 

Q. And do you know whether the order was given to destroy them?—A. Why, 
there has been a standing order ever since they have been there. 

Q. I ask you when it was?—A. I couldn’t say the date. 

Q. Can you give us any idea when they were destroyed? A. I can not say 

Can you give us the name of the man who destroyed them?—A. I couldn’t 

tell you that. . , , , a 

Q. Whose custody were they kept in up to the time they were destroyed A. 

They weren’t kept in anv particular person. They were left in the office. 
q‘ Who has charge of the office?—A. I suppose I have, in a sense. 

Q. Have you ordered them out of the office at some time?—A. Why, at dif¬ 
ferent times I have; at different times I have. .,-,-,^-10 i 

O Can you give us any idea when the registers of April 1, 1918, and weeks 
iust'prior to April 1, 1918, were destroyed?—A. I couldn’t answer that question. 

O. Can you approximate it?—A. Why, it might have been aftei it is a 
question how long it would take to fill that particular register jou aie asking 
me for, or particular two registers—sometimes we work two registers togethei, 
in order to facilitate the work in the office for the girls, and immediately on 
filling them, ordinarily they lay around, and it might have been a day and it 

might been a month, they were simply destroyed. i i 1 -p i 

Q Who audits vour books?—A. Why, I audit a good deal of, and the fact 

we have an auditing concern by the name of Hartshorne. The monthly audits 
are mostly audited by myself, except if I happen to go away, and then whoever 

happens to be around there. 1 iqir*? a ivn 

O So you have no way of telling who was there on April 1, 1918?—A. No, sir. 

O. Or when the books were destroyed?—A. No, sir. . 

6 How do you make up your income-tax returns in the absence of th 

information?—A. They are made by this auditing concern from our geneial 

private office cas^^^^^^ real evidence, the best evidence of whatever rooms, 

the income of the rooms may be, is destroyed, and you have to rely upon 
summaries made, upon summaries made out of these books. A. Yes, sii. 

Q, Aiul’tliere is no way of finding out whether those summaries are correct 
now’i'—A. Why, they are correct. , i 

(j! I’know', hut no way of verifying, is there?-A. No; we are satisfied-sat- 

way' 0 /satisfying anybody else?—A. Never thought of anyone else 

'”‘o.*How"couid you satisfy the Government on that point if they were in 

’'‘jh"afr;iiH!N!‘'ftluT®tL‘t4*^ nasTy‘consent. They keep their books 
regularly and orderly. 

122575—19-20 



306 


TAGUE VS. FITZGEKALD. 


Cross-examination by Mr. Callahan : 

Q. You have a cashbook, Mr, Murphy?—A. Yes, sir. 

(}. And your ledgers-A. Yes, sir. 

And it would show there by the cash taken in that hotel; that’s so, isn’t 
it?—A. That’s so. 

Q. About how many people do you have there staying a night?—A. Averages 
anywhere from 250 to six or seven hundred people sometimes. 

Q. You have a greater rooming capacity in that hotel than any other hotel 
in the city?—A. One of the largest in the city. 

Q. You average 250 to 500 a night?—A. Y'es, sir. 

Q. It don’t take very long to use up a ledger?—A, I have just ordered a 
capacity of 50,000. I don’t know how long they will last. 

Q. You mean of registration books?—A. Registration books. 

Q. Now, at election, a year or so ago, Mr. Tague had headquarters in your 
hotel, didn’t he?—A. Yes, sir, 

Q. And for how long?—A. Why, a month, month and half, two months. I 
don’t know how long. 

Q. Had political headquarters there?—A. Y^es, sir, 

Q. You and the management are very friendly with Mr. Tague?—A. Yes, sir; 
Mr. Tague is very friendly, and we are with him. That is, we think we are. 

Mr, Callahan. That’s all. 

IMr. O’Connell. Just one question. 

Redirect examination by Mr. O’Connell: 

Q. Do you know—the night before the primaries of September 24, did John 
F. Fitzgerald have a room in your hotel?—A. I don’t know. I couldn’t tell. 

Q. Is he permitted to have a room in that hotel without registering?—A. 
No more than anyone else. 

Q. Do you recall him having a room there that night?—A. I couldn’t say. 

Q. Any way of proving that or not?—A. I couldn’t say, sir. 

Q. Do you recall whether you were present or not on September 23 and 24, 
last year?—A, Y^s, sir. 

Q. Do you recall Fitzgerald having the election—three members of the Boston 
election commissioners in his room that night?—A. No. 

Q. Do you recall they slept down there at his request, and that arrange¬ 
ments were made for him ; by him, rather?—^A. I don’t know 

Q. Y"ou don’t know about that?—A. No, sir. 

Q. Isn’t it true, Mr. Murphy, that Mr. Fitzgerald goes to the Quincy House 
and uses rooms there without registering?—A. Not to my knowledge—not to 
my knowledge. Of course, I am not in the office there a good deal; I couldn’t 
say. 

Mr. O’Connell. You may inquire, Ylr. Callahan, about that dangerous ground 
you think that is. 

Recross-examination by Mr. Callahan : 

Q. Mr. Murphy, I just want to ask you one question, whether your hotel is 
near the city hall?—A. Yes, sir; quite near. 

Q. And do you know the election commissioners?—A. I know two of them I 
think. In fact, three; I was introduced- 

Q. Do you recall in your years at the Quincy House, either the night before 
the primary, or the night before election, to have the election commissioners 
stay at your house?—A. Why, you mean the commissioners themselves? 

Q. Or clerks?—A. Yes; they do. I didn’t think of that before. 

Q. A great many stay there?—A. I think most of them do. 

Q. And they leave a call to be on the job before 6 o’clock?—A. They leave a 
call, I think at 4 ;30; something of that sort. 

Q. Four-thirty?—A. Something of that sort. 

And being down there every year?—A. Y^es, sir. 

Re-redirect examination by Mr. O’Connell: 

Q. What clerks are they, Mr. Murphy, do you recall?—A. Why, I don’t recall 
their names. They are—we always call themi “ election commission's,” 
whether they are the assistant commissioners or the clerks, there or what ’ I 
don’t know. They range frrom 15 to 20 or 25 of them. ’ 

Q. What three commissioners?—A. I know Mr. Burlen, Mr. Murphy and 
Mr. Finnigan. 

Q. And you don’t recall those three men being at your hotel last September 
and not having to pay for their room?—A. No, sir; I do not. 




TAGUE VS. FITZGERALD. 307 

Q, Don’t recall the fact they were in Mr. Fitzgerald’s quarters the night be¬ 
fore the primary?—A. No, sir. 

Mr. O’Connell. That’s all, Mr. Murphy. 

Re-recross examination by Mr. Callahan : 

Q. Now, if those clerks were there, are their hills sent to the city of Boston?— 
A. Yes, sir. 

Q. And your cashbooks or your ledger would show an account with the city 
of Boston of the clerks and commissioners who staved there before the pri¬ 
maries and election day?—A. Yes. 

Mr. O’Connell. John F. Fitzgerald; who is his room billed to? 

Mr. Callahan. I am sorry you are trying to cast suspicion on an honest 
man. 

INIr. O’Connell. You started it. 

Mr. Callahan. Nothing of the sort. Mr. Tague’s headquarters were down 
there also. You had headquarters there when you were running for mayor of 
Boston, and you received the same consideration other people received there. 

Mr. O’Connell. Mr. Tague’s bills were never paid—settled by the city?—A. 
No, sir. 

Mr. Callahan. Where are Mr. Tague’s bills sent? 

The Witness. Sent to him. ‘ 

Mr. O’Connell. And paid for by him? Been paid? 

The Witness. Yes; I guess—that’s a personal matter I wouldn’t care 
to discuss. 

]Mr. O’Connell. I guess that’s all, Mr. Murphy. 

Commonwealth of Massachusetts, Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F. 
Tague v. John F. Fitzgerald, having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded" and transcribed 
the evidence of the above \vitnesses within this book." 

Nancy H. Harris. 

Boston, Mass., May 5, 1919. 


Personally appeared above Nancy H. Harris, and made oath that statement 
signed was true to the best of their knowledge and belief. 

Abraham C. Berman. 

Commonwealth of Massachusetts, Suffolk, ss: 

1 hereby certify that the foregoing in this volume, containing about 52 pages, 
together with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter F. 
Tague v. John F. Fitzgerald, beginning February 19, 1919; exhibits herein re¬ 
ferred to are marked as described and made part of this record. 


Boston. Mass., May 5, 1919. 


Abraham C. Berman, 

Notary Public. 


afternoon session. 


Mr. O’Connell. Mr. Notary, will you kindly find out how many witnesses are 
present ? 

Notary Berman. How many witnesses are present this afternoon? rWit¬ 
nesses make their presence known. ] 

Deposition of ARTHUR W. PIERCE: 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Arthur W. Pierce. 

Q. And your business?—A. Janitor. 

Q. And where are you living now?—A. 43 Lynde Street. 

Q. That is located in ward 8?—A. Ward 5 now. 

Q. Lynde Street is in ward 8?—A. Isn’t it ward 5? 

Notary Mancovitz. Ward 5. 

A. I have not been there only a few weeks. 

Q. Where did you live before that?—A. I lived at 18 Joy Street. 

Q. Where did you live before that?—A. 9 Allston Street. 


308 


TAGUE VS. FITZGEKALD. 


Q. Where did you live before that?—A. Well, I lived in different places; down 
to 19 Causeway Street for quite a while and before that I was changing around. 
I work in different places, you know, doing janitor work. 

Q. Give us the different houses you have lived in.—A. 18 Joy Street, 9 
Allston Street—how far back? 

Q. The last year or two.—A. This last year or two 18 Joy Street, 9 Allston 
Street, 19 Causeway Street, 43 Lynde Street. Those would take in the whole 
year. 

Q. You are a janitor?—A. Yes; I do repairing, and that is pretty hard work. 

Q. Do you state frequently that you live at 43 Lynde Street in the west 
end and had lived there eight years?—A. No, sir. 

Q. Did you formerly live at 40 Montvale Avenue, Woburn?—A. Yes, sir. 

Q. Did you tell anybody of that?—A. Nobody except over here. 

Q. Prior to that?—A. Nobody. 

Q. Do you vote from 19 Causeway Street?—A. 19 Causeway Street. 

Q. What date did you go to 19 Causeway Street?—A. It may have been three 
or four weeks before the 1st of April. 

Q. How long after the 1st of April did you live there?—A. It may have been 
two or three weeks after that. 

Q. Give it as near as you can.—A. Two or three weeks. 

Q. You have been doing that how many years?—A. Two or three years? 

Q. I mean going there two or three weeks before the 1st of April.—A. No; I 
had lived in different places. 

Mr. Callahan. He said two or three streets in the west end. 

Mr. O’Connell. I understand. 

Q. Now, Mr. Pierce, year before last what time did you go to 19 Causeway 
Street?—A. I could not say for certain; I was there the 1st of April; I know 
that. 

Q. How did you happen to know you were there April 1?—A. Because I voted 
from there. 

Q. You didn’t vote the 1st of April.—A. I had my name taken the 1st of 
April, anyway. 

Q. Did you go there for that purpose?—A. No; I didn’t go there for that 
purpose. Wherever I happened to be my name was taken. 

Q. Three years you have had your name taken at that place?—A. Yes. 

Q. Although you did not have any regular place?—A. Yes. 

Q. Your business is janitor of different houses?—A. Not regular janitor— 
repairing work. Call it janitor. 

Q. You are the same Arthur W. Pierce that gave this statement here? 

IVIr. Bkogna. That statement is not signed by him. 

Q. Will you read what that says? [Handing i^aper to witness.]—A. No, sir; 
I never did sign that. 

Q. You never told anybody that?—A. No, sir. 

Q. You have read it?—A. Yes. 

Mr. O’Connell. I offer into the record, Mr. Pierce has just read this statement 
by himself. The statement is as follows : ‘ 

Mr. Callahan. Was interviewed under subterfuge. Get that in. 

Mr. O’Connell (reading). “Arthur W. Pierce, registered and voted from 19 
Causeway Street, Boston. Pierce was interviewed under subterfuge, and stated 
that he had lived at 43 Lynde Street, in the west end, for the past eight years, 
and formerly lived .on IVIontvale Avenue, Woburn. He is single. Sells horse¬ 
radish, etc., and is very well known in the west end. 

Q. That is what you just read?—A. Yes, sir. 

Mr. O’Connell. I simply want to introduce into the record the fact that Mr. 
Pierce read that, and was able to read it. 

Q. Now, Mr. Pierce, have you been selling horseradish?—A. I sold it about 
five years ago. 

Q. Now, you know Mr. McNally?—A. I do. 

Q. You are working in Mr. McNally’s house now?—A. No, sir; I am not. 

Q. What are you doing, Mr. Pierce?—A. I said I was working at 47 Temple 
Street, and I am going to fix INIr. McNally’s room that he hires there. 

Q. How often does Mr, IVIcNally stay there?—A. Once or twice a week. 

Q. How often have you seen him there?—A. Never saw him there; only 
know what the landlady told me. I never saw him in the house. 

Q. Who is Mr. McNally?—A. Runs the 19 Causeway Street lodging house. 

Q. McNally is the proprietor of the house?—A. Y^es, sir. 

Q. And he has this room?—A. His room where he goes sometimes in the dav- 
times. 


TAGUE VS. FITZGEKALD. 


309 


Q. He stays there?—A. He stays there daytimes, sometimes, 
n AX 1 you? A. Mrs. Armstrong, who rims the house. 

Q. What room did you have in 19 Causeway Street?—A. It is not a room. 
It IS a dormitory. 

Q. It is all one room, is it?—A. Yes, sir. 

Q. Noav, are you a married man?—A. No, sir. 

Q. Have you any children?—A. I never was married. 

Q. Where did you get this summons to come here?—A. Why, i got it at 43 
Lynde Street. 

Q. Who is the landlord at 43 Lynde Street?—A. It is a Mrs, Statton that 
runs the house. McComber owns it. He owns that house and 39, too. 

Cross-examination by Mr. Callahan : 

Q. Mr. Pierce, you room out. Is that so?—A. That is the idea. 

Q. And you room in different places?—A. I room in different places. If I 
am working in a house, I sometimes get a room near my work. I always have 
changed. 

Q. You have always lived in the West End?—A. Yes. 

Q. And this house, 45 Lynde Street, is in this same ward 5?—A. I don’t 
know. I have only been there since the 16th of January. 

Q. It is in the West End?—A. Yes. 

Q. It is not far from Causeway Street?—A. No; it is only a short distance 
to go down. A short distance. 

Q. You are nearsighted?—A. Yes, sir. 

Q. Very nearsighted?—A. Yes; if I haven’t my glasses I can’t see where I 
am going. 

Q. And you can not read without glasses?—A. I can’t read with these glasses 
I have on. 

Arthur W. Pierce. 

Deposition of JOHN J. McCARTHY’^ : 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. John J. McCarthy. 

Q. And you are a married man?—A. I am, 

Q. And you are a hotel proprietor?—A. Yes, sir. 

Q. Of the Quincy House, Boston?—A. Y’^es, sir. 

Q, On Brattle Street?—A. Yes, sir, 

Q. You live at 29 Old Colony Road, Newton Center?—A. I do. 

Q. And have been living there about a year and a half?—A. Yes, sir. 

Q, Y'our wife lives there?—A. She does. 

Q. Have you any children?—A. No, I have not. 

Q. And you have your home there—A. Yes. 

Q. And the house is furnished by you?—A. Y^es. 

Q, The furnishings are owned by you?—A. Yes. 

Mr. O’Connell. That is all. 

Cross-examination by Mr. Callahan : 

Q. Now, Mr. McCarthy, you have other homes?—A. I have. 

Q. You have a home at the beach?—A. I have. 

Q. And where is that?—A. No. 128 Manomet Avenue, Hull, Nantasket. 

Q. And you stay there several months in the year?—A. Y"^es. 

Q. And Mrs. McCarthy stays there, too?—A. She does. 

Q. And you divide up the year, living sometimes at Newton and sometimes 
at the beach and sometimes at the hotel?—A. Yes, sir. 

Q. And you have an apartment at the hotel?—A. We have. 

Q. And Mrs. McCarthy sometimes stays there with you?—A. She does. 

Q. Were you there the 1st day of April last year?—A. I was. 

Q. And during the year you stay there ?—A, I stayed there twice last xveek. 

Q. What do you regard as your domicile?—A. Quincy House, 128 Manomet 
Avenue, and 29 Old Colony Avenue. 

Q. And you'regard your domicile these three places?—A. I do. 

Q. How many years have you been manager of the Quincy House?—A. Two. 
Q. How many rooms has the house?—A. Five hundred. 

Redirect examination of Mr. McCarthy ; 

Q. You have a liquor license?—A. Y'es, sir. 

Q. And you could not get a liquor license unless you were a resident of 
Boston?—A. I don’t know. 


310 


TAGUE VS. FITZGERALD. 


Q. Don’t you know that to be a fact?—A. Yes, sir. 

Q. Isn’t the real reason for your being a resident of Boston being able to 
get a liquor license?—A, I usually vote in Boston. 

Q. In connection with the liquor license?—A. Yes, sir. 

Q. In other words, if you got your home as 29 Old Colony Road, Newton 
Center, you would not get a license?—A. No, sir. 

Q. But your regular home, as a matter of fact, is out in Newton Center? 

Mr. Callahan. He has said it three times. 

Q. Please, your principal home-A. Well, I told you here- 

Q. Please.—A. At the Quincy House. I work every other night late. Quite 
often when I work late the maids are out and my wdfe stays with me. 

Q. As a matter of fact, isn’t your principal home in Newton Center?—A. I 
would not call it my principal home. I am more often at the Quincy House. 

Q. But it is your home?—A. Y'es. 

Q. And your maid is out there? Have you more than one maid?—A. Two. 

Q. Have you an automobile?—A. Yes. 

Q. Where do you keep your automobile?—A. Sometimes there and sometimes 
in Charlestown. 

Q. How large is this home of yours?—A. Nine rooms. 

Q. Nine rooms. It is a modern, up-to-date house?—A. Yes. 

Recross-examination by Mr. Callahan : 

Q. Now, Mr. McCarthy, three or four months in the summer you don’t go to 
Newton at all, do you?—A. No; I don’t. 

Q. And your principal home is in Hull?—A. Yes, sir. 

Q. And during the month of April, if you are staying at the Quincy House, 
that is your principal home?—A. It is. 

Q. And you chose that out of the three places as your principal home, your 
domicile?—A. Yes, sir. 

Redirect examination by Mr. O’Connell: . 

Q. Did you bring the register here?—A. The register? I have not. I don’t 
have anything to do with those after they are audited once a month. Mr. 
Murphy, the manager, has those and they are destroyed once a month. Since 
the 1st of July they have been kept on this true name bill. 

Q. You never keep any books at all?—A. Oh, we keep books but not the reg¬ 
ister. 

Q. Do you have a loose-leaf system?—^A. We are putting it in now. 

Q. You don’t have a loose-leaf system?—A. No. 

Q. So all you have had in the way of books is destroyed?—A. They are of 
no value. 

Q. Mr. Thomas Murphy is the manager?—A. He is. 

Q. He has been summoned here?—A. For to-morrow. 

Q. And he will testify that he destroyed these books according to your orders? 

Mr. Callahan. How can he testify what Murphy will testify? 

A. I never knew what happened to them—that is, after they have been audited 
they were destroyed or thrown away. I never knew what happened to them. 

Q. By whose orders?—A. By my orders, because we have no further use 
for them. 

Q. When did you give the order to destroy the registers?—^A. When we first 
■went in the Quincy House. We found about 20 of them, and I said to destroy 
them. 

Q. And there is a standing order to destroy them?—A. Up to the 1st of 
July of this last year. 

Q. And the others are destroyed?—A. Yes. 

Recross-examination by Mr. Callahan : 

Q. How long ago was it you gave that order?—A. Seven years ago, when I 
found a whole lot of them down in the safe, where they were accumulating 
dirt and dust. 

Q. In other words, before you took the house they were kept, and as soon 
as you took the house you found the registers of past days?—A. I found some 

Q. You found some?—A. Yes. 

Redirect examination by Mr. O’Connell. 

Q. You are, of course, intimate with John P. Fitzgerald?—A. I am. 

Q. And you know some of John F. Fitzgerald’s friends who live elsewhere 
register from your house the 1st of April?—A. I don’t know. Some one else 
has to do that. 




TAGUE VS. FITZGERALD. 


311 


charge of that?—A. The front office clerk, 
th^e^'^^^ fi'ont office clerk?—A. I could not say. There are four down 

Recross-exainination by Mr. Callahan; 

Q. You are also very friendly with Mr. Tague?—A. Very friendly with him. 

Deposition of ALFRED P. SCIGLIANO: 

Direct examination by Mr. O’Connell: 

Q. What is your name?—A. Alfred P. Scigliano. 

Q. You are on the register for voting where?—A. 144 North Street 
Q For tiye or six years you have lived at 137 Bellingham Avenue, Beach- 
inont?—A. I never lived there in my life. 

Q. Do you know where it is?—A. Yes. 

Q. How much of the year do you spend there?—A. I could not say. 

(}. Do you lease a house from Joshua Harron?—A. Yes, sir. 

Q. He is your landlord?—A. One of them. 

Q. I mean, in this house at Beachmont?— a'. At 137 Bellingham Avenue*? 

Q. 149.—A. No; it is 149. 

Q. It is 149 Bellingham Avenue. How long have you leased that house?_ 

A. About six or seven years. 

^ Q. And you live there with your wife and child during the year?—A. I don’t 
live there. I am there at times. 

Q. Is your wife there?—A. At times. 

Q. When was she there?—A. Last Friday. 

Q. IVas the baby there?—A. The baby was there. 

Q. You have a baby 3 or 4 years old?—A. Yes. 

Mr. Mancovitz. I must insist Mr. Scigliano answer the questions. 

Mr. O’Connell. Of course, Mr. Scigliano, we know each other, and anything 
jou want to say I want you to say it, and the fact that Mr. Mancovitz doesn’t 
\vant you to doesn’t count, because he is a prejudiced judge, and he may feel 
that you might not tell the truth. 

The Witness. I will tell the truth. There is no home about it. 

Q. Now% Mr. Scigliano, you are interested in a liquor business at 140 North 
Street?—A. I am interested at 138, 140, and 142 North Street, the restaurant. 

Q. The house at Beachmont is furnished by you?—A. And the other house I 
have. 

Q. Do you spend your winter months down at Beachmont?—A. No; I can’t 
say I do. * 

Q. How much time in the winter do you spend there?—A. I may spend a 
week now and then; but you are talking about months. 

Q. How^ many weeks would you say you had spent there this past winter?— 
A. In December we went up; in January we went up. The influenza brought 
us down there again. Altogether, I may spend three or four months down 
there a year. 

Q. How large a house is it?—A. Only flve rooms. 

Q. Would you say you have other homes?—A. Chelsea, Me., 140 North Street. 

I don’t say it is a home. 

Q. Chelsea, Me. That is your summer home?—A. I go up there in the winter. 

I w’as up there through the ice twice this winter. 

Q. And you are up there in the summer?—A. I was down there last week. 

Q. And did Mrs. Scigliano and the baby go down with you?—A. Where I go 
they go. 

Q. Do you spend each summer down there?—A. I didn’t spend any last year. 

Q. As a rule? You and I were very busy last year.—A. During the conven¬ 
tion I could not go anywhere. Spent my time between Beachmont and Boston. 

Q. Doesn’t this describe the situation? 

Mr. Callahan. Why don’t you ask him a question? 

Mr. O’Connell. I asked him a question. 

Mr. Callahan. And let him describe it. 

Q. Doesn’t this describe the situation: As a matter of fact you are interested 
in a business here, or you have a saloon on North Street, Boston—144 North 
Street, isn’t it?—A. 140. 

Q. And that you have your residence for voting purposes there in order to 
protect your interest in the liquor license, and that, as a matter of fact, you 
have a home at Beachmont, and then a summer home at Chelsea, Me., where 
you go? Now, isn’t that the real state of affairs? 


312 


TAGUE VS. FITZGERALD. 


INIr. Callahan. Describe it in your own way. .x, .. y . 

A. The fact that I wanted a liquor license has nothing to do with it. l was 
in that house 35 years. Some furniture has been added to it. _ The piano was 
left there, and I go there when I feel like it. It has been in the family a 
pretty long time. My wife and I are pretty good pals. She wants to he with 
me a^s much as possible. If we have a few weeks we work nights we are 
at North Street. Sometimes we go down in Maine. I am glad to he able to 

afford three residences. n 4 . 

Q Isn’t it a fact, if it were not for the liquor license you would not be 
living on North Street?—A. I have not been on the liquor license only six 

years 

Q You succeeded vour father?—A. No ; I bought out another party. 

Q. Your father was in it before you?—A. That is my home, Mr. O’Connell, 
and it has been my home ever since I have been able to realize a home; for 
sentimental reasons and for the sake of the home I would never give it up. 

Q. Although you have a home in Beachmont?—A. No home. That is my 
home. I can haVe a dozen residences. 

Notary Bekman. Have you been sworn? 

The Witness. Not to my knowledge. 

(The witness was then sworn by Notary Berman, as follows; ^ You do 
solemnly swear that the testimony you have given and that you will give in the 
cause now in hearing is the truth, the whole truth, and nothing but the truth, 
so help you God?”) 

Q. Well, do you want me to reexamine you or are you willing to swear 
what you have said in answer to my questions is the truth? 

Notary Bekman. That was in the oath. 

Q. Of* course, you are interested in the Lomasney questions?—A. Why, yes. 

Q. He has sent you, or rather you have been on the slate that he has elected 
to the legislature the last two or three years? 

Mr. Callahan. He has been elected by the people? 

A. I have been in the convention. 

Q. And you are on that slate Lomasney has held?—A. Yes. 

Notary Berman. A nod of the head does not get into the record. 

The Witness. I beg pardon. My throat is in bad shape., 

Mr. O’Connell. That is all right. I will not ask you any more. 

The Witness. Ask me all you want to. 

Mr. O’Connell. I am not going to abuse you. 

The Witness. You can’t abuse me 

Cross-examination by Mr. Callahan : 

Q. When you stay on North Street, your wife and baby stay with you?— 
A. Wherever I go, they go with me, as a rule. 

Q. And wherever you are for the 1st of April or the month of April your wife 
and baby are with you?—A. We happen to be away at times. I always make 
it a point never to miss an election or a primary, from March to May I live at 
144 North Street, from the time I have voted since I was first of age, and I 
have my wife and baby there. 

Q. You have voted ever since you were able to vote?—A. Since I was old 
enough to vote. 

Q. How long have you lived in that house?—A. Thirty-five years, we have 
lived there. Been in business there since 1874. 

Alfred P. Scigliano. 

Deposition of THOMAS P. WALSH: 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Thomas P. Walsh. 

Q. Where do you live?—A. 18 Linden Park Street, Roxbury. 

Q. How long have you lived there?—A. I have lived there 23 years. 

Q. How long have you been living out there?—A. During that time. 

Q. All these 20 years?—A. Twenty-two years. 

Q. Did you ever live at 19 Causeway Street, Boston?—A. No, sir. 

Q. Did you ever vote from there?—A. No, sir. 

Q. How old are you?—A. Fifty-seven. 

Q. You are married?—A. I am. 

Q. And you live out there on Linden Park Street with your family?—A. 
Y'es, sir. 


TAGUE VS. FITZGEKALD. 


313 


Cross-examination by Mr. Callahan : 

Q. How tall are yon, please?—A. I am 5 feet 9. 

Q. And about what do you weigh?—A. I shall have to guess—about 180 

•Q What is your business?—A I am assistant custodian in the Roxbury court¬ 
house 

Deposition of THOMAS A. IMcCARTHY : 

Direct examination by Mr. O’Connell. 

Q. What is your full name?—A. Thomas A. McCarthy. 

Q. And you live at 125 University Road, Brookline?—A. No; I live at the 
Quincy House. 

Q. Have you got a home at 125 University Road, Brookline?—A. I live there 
part of the time, v 

Q. Have you got a home at 125 University Road, Brookline?—A. I live there 
part of the time. 

Q. Have you got a home at 125 University road, I asked you?—A. Yes. 

Q. Did you live there last night?—A. Y^es; last night. 

Q. Came in from there this morning, didn’t you?—A. Y^es. 

Q. When did you go there?—A. Oh, I should say—I can’t give you a definite 
date on that. 

Q. When did you take a lease of it?—A. I should say two years ago the 1st 
of last November. 

Q. Took a lease when you first went out there?—A. Yes. 

Q. Y"ou live with your wdfe?—A. Y^es; at the Quincy House. 

Q. I meant to ask you if you live out there with your wife. Were you out 
there last night with your wife?—A. Yes. 

Q. Have you any children?—A. No. 

Q. How much of a house have you at 125 University Road?—A. We have 
eight rooms and two baths. 

Q. Y^ou have a maid there?—A. Yes. 

. Q. More than one?—A. One maid. 

Q. Have you a garage out there?—A. No, sir. 

Q. IVhere do you keep your automobile?—A. At a public garage. 

Q. What garage?—A. Brandon Hall. 

Q. That is on another street?—A. Yes. 

Q. But quite handy to it?—A. Yes. Sometimes I don’t think so. 

Q. That is when you are climbing up the hill. It is all right going down. 
You are interested in the Quincy House, Boston?—A. Y^'es, sir. 

Q. One of the proprietors, with your brother?—A. Yes, sir. 

Q. And you are on the liquor license there?—A. No; I am not on the liquor 
license. 

Q. You are not on the liquor license? How many of you boys are on that 
Quincy House, run the Quincy House?—A. There are four of us. 

Q. Four, and all four interested in the Quincy House?—A. Three in the cor¬ 
poration. 

Q. And you lived there up to the time you got married?—A. No; I w^as mar¬ 
ried when I came there. , 

Q. How long ago is that?—A. Five years ago. Five years ago the 1st of 
November. 

Q. Of course you are interested in the corporation, the Quincy House corpora¬ 
tion?—A. Yes. sir. 

Q. One of the stockholders? A considerable stockholder?—A. Not consider¬ 
able. I would say a light stockholder. The other two brothers are consider¬ 
able stockholders. 

Q. But you are interested in the Quincy House?—A. Yes. 

Q. And you are naturally interested in Boston going license?—A. Yes. 

Q. And being interested in that way, you naturally want to vote in Boston?^ 
A. Y’^es. 

Q. Have you a lease that you got with your house in University Road?—A. 
We own it. 

Q. How long ago did you buy it?—A. We built them two years ago. 

Q. How large a house it is?—A. There are four two-family houses, we own. 

I live in the upper suite of one of them. 

Cross-examination by Mr. Callahan ; 

Q. Now, Mr. McCarthy, during April of last year you lived at the Quincy 
House?—A. Y'es, sir. 


314 


TAGUE VS. FITZGEKALD. 


Q. And Mrs. McCarthy was there?—A. Yes, sir. 

Q. And ill the summer time do you go away?—A. Yes. 

Q. Where do you go?—A. Kenherma. 

Q. You have a home at Kenherma?—A. Yes. 

Q. And when you are at Kenherma you are never at Brookline?—A. Ne'V'er. 

Q. And for three or four months of the year that is your regular home?—A. 
Summer home. 

Q. And for several months in the winter you live at Brookline?—A. The 
greater part of the time is spent at the Quincy House and that is my regular 
domicile. 

Q. And you have a suite of apartments there?—A. Yes; and that is my 
home. 

Redirect examination h.y INIr. Connell : 

Q. But you have a home at Brookline?—A. That is a question for you to 
decide. The greater part of the time my home is at the Quincy House. 

Q. In other words you work there and naturally spend most of your time 
there?—A Yes, sir. 

Q. Do you have a telephone at Brookline?—A. Yes, sir. 

Q. AVhat is the number of it?—A. 5544, Brookline. 

Recross-examination by Mr. Callahan : 

Q. You also have a telephone at Kenherma?—A. Yes, sir. 

Q. And at the Quincy House?—A. Yes, sir. 

Redirect examination by IVIr. O’Connell : 

Q. And at the summer home, in the summer time, it is in your name?—A. 
Yes, sir. 

Recross-examination by IMr. Callahan : 

Q. In April, out of the three places you might choose as your domicile, you 
choose the Quincy House as your domicile?—A. Yes, sir. 

Q. And you are there the greater part of the year?—A. I should say the 
greater part of the time I spend at the Quincy House. 

Redirect examination by Mr. O’Connell: 

Q. Of course, you could not go to your summer house in the winter, the 
boats are not running?—A, Could go by automobile. 

Q. And you have no thought of going by automobile, and the boats are not 
running until June?—A. Yes, sir. We go down there the latter part of April. 

Q. And the maid closes the Brookline home and goes down to Hull?—A. Yes, 
sir. 

Q. And around April 1 you are around the Quincy House?—A. Yes, sir. 

Q. Of course, that is for the purpose of voting to protect your liquor license? 

Mr. Callahan. He said it naturally was. 

Q. You are at the Quincy House on the 1st of April for the purpose of pro¬ 
tecting your liquor license?—A. We spend a great deal of time there. 

Q, And you always make it a point to be there the 1st of April?—A. It hap¬ 
pens to be there. 

Q. It happens by design?—A. You can take it that way if you wish. 

Mr. Callahan. He has a right to change his domicile. 

Deposition of EDWARD F. McGINNISS : 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Edward P. McGinniss. 

Q. How old are you?—A. Thirty-two years old. 

Q. You work in the park department of the city of Boston?—A. Yes, sir. 

Q. And you live at 3 Trenton Street, Charlestown?—A. 117 Leverett Street, 
West End. 

Q. Were you at 3 Trenton Street last year?—A. I was at 117 Leverett Street. 

Q. When were you last at 3 Trenton Street?—A. I was there last Friday 
night for a few hours. 

Q. And that is where your mother lives?—A. Yes. 

Q. And your mother is Mrs. Bridget McGinniss?—A. Yes, sir. 

Q. She owns the house?—A. Yes, sir. 

Q. You are a single man?—A. Yes, sir. 

Q. And your mother always has a home there for you?—A. Yes; if I wanted 
it, I suppose. 


TAGUE VS. FITZGERALD. 


315 


Is that right?—A. Yes, 
I live with Mrs. 


Q. But you choose to go over to 117 Leverett Street 

fel 1 , 

SuUh^ui Street. What kind of a house is that?—A. 

Q. Mho else lives there?—A. She occupies the whole house. 

Q. iou simply take a room from her?—A. Yes, sir 
Q. Iou don’t eat there?—A. No, sir. 

ve^detd-^^T rm 'y^\l\your mother?—A. From time to time, as con 

n \vuL 1-1^ rights restaurant on Causeway Street, as a rule. 

ir.. 'V ^ commence to take a house at 117 Leverett Street? 

lui. Callahan. A house? 

o' there.—A. I have roomed there for the last year. 

Nashua Strert^^ before that?—A. The year previous I voted from 46 

Q. before that?—A. I voted from 46 Nashua Street for three vears before 
C>. V\hat precinct is 117 Leverett Street in?—A. Ward 5, precinct 4 
g. iou are on the supplementary list, aren’t you?—A. Yes, sir. 
g. So that your name was not given to the police on the first of April?—A. 

to the police but I guess they made a mistake, 
tj. So the police did not get your name? 

INIr. Callahan. He does not know. 

A. There seemed to be a mistake. 

Q. If your name had been given the police on the first of April, there would 
have been no need of your going to have it put on later?—A. I onlv suppose 
my name was given to the police. ‘ ^ ^ 

Q. You found out your name had not been given to the police?—A I found 
it out later on. 

Q. Mho called it to your attention?—A. I called it to my own attention, 
g. How?—A. I looked on the assessors’ list. 

Q. M hen did you do that?—A. Some time in July. 

Q. Do you mean to say there is an assessors’ list ready in July? 

Mr. Callahan. Sure it is ready. 

Mr. O’Connell. Wait a minute. Never mind that suggestion to the witness. 
Mr. Cai.lahan. Y'ou know and everybody knows it is ready in July. 

Q. ]\Ir. McGinniss, who told you your name was off the list?—A. 1 looked it 
up when the list came out, the voting list. 

Q. Who told you? x 

Mr. Callahan. He says he looked it up. 

Q. Mdio told you before you looked it up?—A. I generally look every year to 
see my name is on the voting list. 

Q. You know there is no need of anything if your name is given to the 
police, it is carried from year to year?—A. They sometimes make mistakes. 

Q. Don’t you know they generally know?—A. They sometimes make mistakes. 
Q. Did Mrs. Sullivan give them your name?—A. If she didn’t, she ought to. 

I told her to give my name. 

Q. M^hen did you tell her to give your name?—A. .lust previous to April 1 
the last day of March. " 

A. Q. Did she write it down?—A. She ought to without writing it down. 

Q. You know a list is left there by the police officers the first of April?—A. 
Yes. There is supposed to be one. 

Q. Did you see that list?—A. No; but I told her to give my name to the police. 
Q. Mdien did you tell her?—A. I told her on the last day of March. 

Q. You told her on the last day of March. You work for the city of Boston?— 
A. Yes, sir. 

Q. And, of course, are familiar with the people in the Hendricks Club?—A. 
Yes, sir. 

Q. And this 117 Leverett street is not very far from the Hendricks Club?—A. 

It is about five minutes’ walk. 

Q. It is about five minutes’ walk. Would it take you five minutes to walk 
that distance? 

IMr. Callahan. Now, now. 

Q. Isn’t that one of the houses they maintain for planting voters?—A. I don’t 
know anything about that. 

Q. You don’t know that is the house given you to register from?—A. No. 

Q. You don’t know Mrs. Sullivan personally, do you?—A. I have known Mrs. 
Sullivan the last 15 years. 

Q. Do you want to tell us you gave her your name the last night before April 
first?—A. Y^'es. 





316 


TAGUE VS. EITZGEKALD. 


Q. Where were you the year before?—A. T was at 117 Leverett Street. 

Q. Were you at *117 Leverett Street the 1st day of April?—A. Yes, sir. 

Q. And you were there for the purpose of being registered?—A. No; I 
erally have a room all the time. 

Q.'when did you start having a room there?—A. I started in January— 
Mr. Callahan. Let him answer. 

Q. When did you start having a room there? A. In January, 1918. 

What time, January, 1918? A. The second week in January. 

How long have you occupied it?—A. Right around the last of June. 
Where did you go then?—A. Where did I go then? Up to a camp in 
country. 

Q, Where was that?—A. Up in Billerica. 

How long did you stay there?—A. Until after the Fourth. 

Then where did you go?—A. 117 Leverett street. 

Didn’t you go over to your mother’s?—A. No. 

How often do you go to your mother’s house?—A. Twice a week. 


gen- 


Q. 

Q. 

Q. 


Q. 

Q. 

Q. 


the 


tw ^ •».W 


Q. v.w ----- - - 

Q. Your mother’s house in Charlestown is not a mile away from this house?— 

A. It is just about a mile. * ■ 

Q. It is just about a mile, and you would rather sleep down on Leverett Street 
than at vour mother’s?—A. It is convenient to my work. i 

Q. Where do you work?—A. I work at the North Bennett Street gymna-J 
sium. 

Q. And you want to .tell us this place in Leverett Street is more convenient 
than Charlestown?—A. Certainly. , 

Q. How far is it to the playground?—A. About five minutes’ walk. _ 

Q. How far from your mother’s home in Charlestown?—A. About a mileifl 


and a half. 

Q. Is it a mile and a half from North Bennett Street to Charlestown where 
your mother lives? Is it a mile and a half?—A. I don’t know. What did jou 
think it was? 

Q. I would call it less than a mile. 

Mr. Haebington. That is right. 

A. Mr. Harrington can tell you. . 

Q. Does Martin take care of you?—A. Who? | 

Q, Martin.—A. Martin who? i 

Q. Who do you suppose I mean when I say Martin?—Who do you suppose j 
I mean? Do you know such a man as Martin Lomasney?—A. Yes, sir. j 

Q. Know him well?—A. Fairly well. i 

Q. You know he is the poltical boss in ward 5, don’t you?—A. I know he is 
a big man in politics in ward 5. 

Q. You know tbe North Bennett Street playground is in ward 5?—A. Yes. 

Q. And the place where you are voting is in ward 5?—A. Yes. 

Q. And that your mother lives in Charlestown in another ward?—A. Yes. ' J 

Cross-examination by Mr. Callahan ; I 


Q. You say your mother’s house is in Charlestown?—A. 3 Trenton Street, | 
Charlestown. " 

Q. And what ward is that?—A. Ward 4. ‘ j 

Q. And it touches ward 5, and is a part of this congressional district?— i 
A. Yes. 

Redirect examination by Mr. O’Connell : j 

Q. Separated by the Charles River?—A. Yes. 

Q. And the city employees that live in ward 5 have a better chance of being . 
protected by Lomasney than employees living across the river?—A. I don’t ‘ 
know anything about that. 

Edward F. McGinniss. }| 


Notary Beeman. Is there any witness present in this room here this after¬ 
noon who was called to testify in the case of Tague against Fitzgerald? 

(No one answering, the hearing was adjourned until 9.30 Wednesday morn¬ 
ing in the Federal Building.) • 

Commonwealth of Massachusetts, ^ 

Suffolk, ss: I 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F. i 















tague vs. eitzgeeald. 


317 


scribed tbe evideiferf 


Boston, Mass., May 5, 1919. 


Gekteude S. Cole. 


s.^;:r^'[rrtr.r »-*• ‘..ar atate.ent 

Commonwealth of Massachusetts, Abeaham C, Beeman. 

Suffolk, ss: 

Peter F Tague *t’ John F^ contested election of 

Abraham C. Berman, 

Boston, Mass., May 5, 1919. Notary Public. 


CHARLPJS H. HaCRRIS sworn. 


Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Charles H. Harris 
Q. Where do you live?—A. 25 Blackstone Street. 

\ r ^ ?“oo“o>' ‘0 the tact there is no notary present’ 

aMi O Connell. The notary is standing right outside. He has got a headache 
and thought he would stand outside, where there is more air. Your notary is 
in the room. What you got him here for? nutaiy is 

arfnofpreSnt.^^'' standing out there. He says you 

Mr. Berman. Mr. Callahan knows I am present 

Marco ^tETurtary”*" P''®®®"*- He doesn’t consi.ier Mr. 

Q. How long have you been living at 25 Blackstone Street?—A. Eighteen 

^ 00. IS. ^ 


Q. Got any other home?—A. No, sir. 

Q. Live there day and night?—A. Yes, sir. 

Q. What do you do?—A. With the deputy sheriff, Pemberton Square 
Q. Got any family?—A. No, sir. 

Q. Single man?—A. l"es, sir. 

Q. Ho\v old?—A. Fifty-nine years last November. 

Q. Do you own any house?—A. No, sir. 

Q. Got any interest in any property elsewdiere?—A. No, sir. 

Mr. O’Connell. That’s all. 

Mr. Callahan. Get your fee. 

Mr. O’Connell. Put in all these comments about fees. 


JOSEPH V. MADDOCK sworn. 

Direct examination by Mr. O’Connell: 

Q. AVhat is your full name?—A. Joseph V. Maddock. 

Q. Where do you live?—A. 5 Eaton Street. 

Q. You a married man?—A. No, sir. 

il P^ver married or got any family?—A. No, sir. 

Q. Who do you live with?—A. 5 Eaton Street. 

Q. AVho do you live with?—A. Mr. and Mrs. Tim Crowley. 

Q. Do you know where 8 Erie Street, Dorchester, is?—A. I do; yes, sir. 

Q. How many years have you lived there?—A. I got out of the hospital, my 
mother lived there; about the 24th of December she died. 

Q. Since the 24th of December, 1918?—A. Yes. 

Q. I^ived out there a good many years?—A. Go out a good many years. 

Q. Lived out there?—A. Never lived out there. 

Q. Often stayed out there?—A. Been out there. 

Q. What do you mean?—A. To visit every week, went there. 


318 


TAGUE VS. FITZGERALD. 


Q. You have been going in and out on the cars, on the Erie Street cars, 
that I have been on for the last 10 years?—A. How do you know? 

Q. Don’t I know? Haven’t you, really? Answer my question, please—A. i 
have; yes; ride out there when I go out to visit. 

Q, And come in in the morning, don’t you?—A. No; I haven’t been out to 
Erie Street since the 24th of December. 

Q. Prior to that?—A. Certainly. 

Q. And come in in the early morning cars? —A. When I have been out there. 

Q. And go out at night in the night cars?—A. When I have been out there. 

Q. And been out there frequently, most of the time?—A. Most of the time. 

Q. Yes; most of the time?—A. Most of the time down to 5 Eaton Street for 
four years. 

Q. Help support the house at 5 Eaton Street?—A. 1 do not have to. 

Q. Don’t you?—A. I don’t have to. 

Q. Didn’t you put money in there?—A. I do, once in a while. 

Q. Who lived with your mother?—A. Brother and married sister. 

Q. You are working"^ for the city of Boston?—A. Certainly. 

Q. Before your mother lived out at 80 Erie Street where did she live?—A. 
Fenelon. 

Q. That’s right around the corner from Erie?—A. Yes. 

Q. Before you moved out to that part of Dorchester, where did you and your 
family live?—A. Columbia Road. 

Q. Prior to that?—A. Page Avenue. 

Q. And prior-A. Glenway Street. 

Q. Prior to that?—A. 45 McLean Street. 

Q. All these other streets you have mentioned are all in the same neighbor¬ 
hood?—A. Close. 

Q. Out in Mr. Gallivan’s congressional district?—A. Yes, sir. 

Q. And you left the West End, which is now ward 5, how many years ago? 

A. Might have left 12 years ago. 

Q. And you have maintained a voting residence down there ever since?—A. 
Yes. 

Q. That is because of your connections in the West End in the past?—A. I 
should say so. 

Q. Your friends are down there?—A. Sure. 

Q. And you have a great many friends and associates who are members of 
the Hendricks Club?—A. No, sir. 

Q. Are you a member of the Hendricks Club?—A. No, sir. 

Q. You go in there, of course?—A. No, sir. 

Q. You contribute to it occasionally?—A. No, sir; not yet. 

Q. You work for the city of Boston?—A. Yes, sir. 

Q. What department?—A. Chief engineer, bridge department, city of Boston. 

Q. Did you tell your mother not to give your name to the police the 1st of 
last April?—A. No, sir. 

Q. Tell your sister?—A. No, sir. 

Q. Tell the people in the house?—A. No, sir. 

Q. Who did you? Who is the person you live with at 5 Eaton Street?—A. 
Mr. and Mrs. Tim Crowley. 

Q. You have a room there?—A. Yes, sir. 

Q. Also have a room out at 80 Erie Street whenever you want to go there?— 
A. Yes. 

Q. Mr. Crowley you speak of is one of Lomasney’s leaders?—A. I don’t think 
so. 

Q. Doesn’t he work for the city of Boston?—A. I don’t think- 

Q. What does he do?—A. Blacksmith. I have been with him but 11 months. 

Q. Prior to that what did he do?—A. Blacksmith, horseshoeing. 

Q. You siinplv keep a room there with him?—A. Yes, sir. 

Q. You take your meals outside?—A. At Woodbury’s on Washington Street 
for about three years. 

Q. Take all three meals at Woodbury’s?—A. Often, and then my business 
takes me all over Boston; if it is handy I go in. 

Q. In other words, you eat around at some restaurant, or place, outside of 
when you are calling at your mother’s house?—A. I eat my meals at the bridge 
department, if I happen to be there. 

Q. You don’t eat your meals at the Crawford House?—A. No, sir. 

Mr. O’Connell. That’s all. 




TAGUE VS. FITZGERALD. 


ai9 

Cross-examination by Mr. Callahan. 

place?—A. No^L^n abandoned your 

Q. It is your lioine?—A. Yes, sir 
O Si considered it your home?—A Yes sir 

years?—A. Yes, sir. ’ ' 

I’coms does he occunv’ 

The Witness. Have a house of 11 rooms 

Kedirect examination by Air. O’Connell. 

Ue?envr‘‘'‘'" house, do you know?-A. ] l,e- 

Mr.^'o’ck'NELL’Th^^^ McElanev and Cunningham. 

Air. Callahan. Get your fee. 

JOHN J. BUItKE sworn. 

Direct examination by Air. O’Connell: 

n name?—A. John J. Burke 

o ^ business?—A. ’Watchman. 

Q. For whom?—A. The city 

Q. City of Everett ?-A. City of Boston. 

a o;:?trre";iSTeeh^l^Y No. si. 

Q.' Wh’rt were you'dSng out Wenfou7t^' 

rerT“' -'-“you iuean T 

Q. Isn’t it a fact you live in Everett?—A No sir 
Q. Your mother live there?—A. No. 

k sister?—A. No, sir 

Q. Do you ™te at 91 Chelsea Street, Charlestown ?-A Yes sir 
Q. Isn t Mr. McArdle an undertaker?—A. Yes sir 

g. yu t.Ol Chelsea Street where Mr. McArdle iias iiis telenlionp9—4 Vpo • 

Q. And It IS in connection with his business?— a! Yes sir ^ ’ ’ 

sh?p. ’ there?-A.’Not in the undertaking 

A.^No!slr! o'-'ertaking shop there where you registered from?- 

pot io the bodies?—A. No sir 
Mr Callahan. 1\ ait just one minute. He said “ No ” ’ ' 

Notary AIancovitz. Let him go along 

n m.^aTa "n"’®’ MoArdle is not a relative of yours’-A No sir 
Q. Mr. McArdle is interested in politics?-A. Not that I know of 

Q Oir"dou’f™u%'''TelMrs”f^^ that; I don’t 

15 years aga ^‘“P- M*’ McArdi;?-A. Oh, 

yo?-nIr?Cr’le”rsi^ “““-«‘«oors from Fitzgerald at the recount, were 
Q. Although you were a city employee?—A. Yes, sir 

yo??-f Z^nSsaiiryTul®””'' ^«”--tic polities, don’t 

Q. In Boston don’t you?—^.4. No. 


320 


TAGUE VS. FITZGERALD. 


-A. No, sir. 


Q You do a little talking about that, don’t you? 

n" mryes.-A. fbegTom-’i—. I n;ver talked politics with you In 
didn’t say you did.-A. ^^or about politics. I never talked politics 

with you, did I? _A Parilon me, but I did kind of check you up 

o„?\,^y°\S“rwe^-e’ahuL>g Mr. Fitzgerald down in the electron room, rt 

that’s what you refer to. 

c:n«rhr\“faf"-for it, 

Twhrrs y^orpui^-e1n'‘checking me up-A. Because I didn’t like to 

’’T wf;o"Jl^p"etfMr Fhzgmmlc|kA“ Nobody in the room. 

Q. Who represented him?—A. Mi. Miller. 

q' Mr^leld*^— a. I don’t know. I didn’t see him. 

^^hafa^^l^^'l-ve^ ^de with Mr. McArdle about your room?- 

A. In what way? ^tonning at Mr. McArdle’s house, or hav- 

O All arrangements you made toi stopping cu 

ino-*^«tonDecI there?—A. What do you mean? 

""S'what were the arransements?-A. I went down and saw him relative to- 
taking a room—if he has one to Because he was my friend. Natu- 

ra^^, ™u g“tr;o?r Sd: whm. you'are looking for a place to go when you 

‘’TM/’urihe arrangements you made.-A. I went down to Mr. McArdle,. 

tell you what 

‘ zBiSJ sfS ............. 

‘'do' you remember the terms or agreement you made with him?-A. No 

arrangements to pay him?—A. No, sir. 

Q. You pay for your room?—A. No sir 

8' ro;hefrr^ls!“;org;ra“oonn • What kind of a room is lt?-A. What 
do you nman “ kind of a room ” ? Sleeping room. 

Q. What kind of a room?—A. Bedioom. 

I IS SHSV w^nrfo a^' ^olJ ivfirt- is your salary 

a year?—A. I haven’t figured it up bj^ the >etir. 

Q You get pair per diem?—A. Yes, sir. 

^.-IiltXl'oVtonSbrte of the house in Everett?-A.. 

Don’t you give vour sister something?-A. iVlien I feel like it. 
a When do ySu feel like it?-A. Christmas and birthdays. 

Q. wlmre‘^m"y.C’eTt?-^^ House, 

'^‘i^You don’f'ever eat in the undertaker’s rooms of Mr. McArdle?-A. No, 

"8- fw1nrrot"ahs:hheT;Il;t‘^'How mS’of a'family has Mr. McArdle?- 
A^I’m not iiitimate with his family. My room is s'l^r^o'y separate from Ins 
family' hut I think he has got three children, and he might have four. 

Q. Yes; go ahead. Is that all?—A. His wife. 




TAGUE VS. FITZGERALD. 


321 


Q. Sure he has got a wife there?—A. Absolutely sure 

Q. Sure he has got some chilflrpn*?_ a t -o ^ i t 

intimate with his family, don’t vou knovv^^' Rnf 

three or four children. ^ ^ ^ ^ ^ accounts he has got 

body else. ‘ ^ ^ ^ know. Im not interested in any- 

-- -v«« ever there?-A. Ye., sir. I told 

Mr. Berman. Don’t hurt his feelings. 

wolik! havran^-fL/Sir’* ^bie, nobody 

Mr. O’Connell. Don’t get excited. 

the prong, isn’t he? 

Mr. O Connell. Don’t get excited. 

A. I’m not excited. I am here to tell you what you want to know^ 

A.^ 0 ^ "’''ef'er anybody else lives in McArdle’s house or not?- 

Q. I see. 

Mr. O’Connell. That’s all. 

Mr. Callahan. N^o questions. 

Mr. Harrington. Want your witness fee paid? 

The Witness. I much rather have it than you 
Mr. Harrington. All right. 


Mr. Berman. We will adjourn until 2 o’clock 
(Noon recess.) 


John J. Burke. 


Commonwealth of Massachusetts, Suffolk, ss: 

„ Abraham C. Berman to take and reduce to 

T^mle”)-^la the contested election of Peter F 
Tague i. John F Fitzgerald, having first been duly sworn by 'the notary do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

Nancy H. Harris. 
Boston, Mass., Men/ 5, 1919 

^ Personally appeared above Nancy H. Harris and made oath that, statement 
signed was true to the best of her knowledge and belief. 

Abraham C. Berman. 

Commonwealth of Massachusetts, Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 12 pa^^es 
together with the notice of contest and answer, is a true and correct copy of Bie 
testimony taken before me under oath in the contested election of Peter F Tao’ue 
V. John F. Fitzgerald, beginning February 19, 19] 9; exhibits herein referred"’to 
are marked as described and made part of this record. 

„ ^ Abraham C. Berman, Pw&h'c. 

Boston, AIass., May 5, 1919. 


AFTERNOON SESSION, MARCH 5, 1919. 421 FEDERAL BUILDING. 

Deposition of JOHN L. DONOVAN. 

Direct examination by Mr. O’Connell. 

Q. What is your full name?—A. John L. Donovan. 

Q. Where do you live?—A. 14 Noanet Street. 

Q. And you have been a representative in the legislature from ward 5’_ 

A. Yes. 

Q. How- many years?—A. Two years. 

Q. And you know Martin AI. Lomasney very well?—A. I know him. 

Q. You were in the legislature last year?—^A. I was. 

Q. And you are a leader of the Democratic minority?—A. I was. 

21 


122575-19- 




322 


TiiGtJE vs'.- FITZGEEiLD/ 


Q. Besides being in the legislature, Mr. Donovan, these two years, you have 
also been a representative in the city council and city government?—A. No; I 
was in the house in another ward while in the council. 

Q. And you have charge of one part of ward 5, the Democratic end?—A. Well, 
I always look after that end since I have been down there, in my own way. 

Q. It was old ward 7 before it came into ward 5?—A. Yes, sir. 

Q. And when it came into ward 5 it took in that part of ward 5 which was 
formerly ward 7?—A. Yes. 

Q. And did you receive $1,000 from John F. Fitzgerald for helping him, for 
the purpose of spending it in his election at the State election last November 
at the time that he was a candidate for Congress?—A. I did not. 

Q. Did you state to anybody that you did?—A. I did not. 

Q. You know former Senator Green, of Boston?—A. I do. 

Q. Do you know former Representative Giblin, of Boston?—A. I do. 

Q. Do you know Representative Reardon, of Boston?—A. I do. 

Q. This is Mr. Green and Mr. Giblin right here in the room?—A. I know. 

Q. Do you recall meeting these three men and another in a party at Young’s 
Hotel a few days after the State election?—A. I don’t remember meeting them 
after the State election. No. 

Q. Do you remember meeting them between election day and the present 
time?—A. I have met them several times. 

Q. Did you discuss with them the matter of this election; that is, the con¬ 
gressional election last November, between Tague and Fitzgerald?—A. Not to 
my memory. We did not have any special discussion of that. We talked on 
all subjects. 

Mr. O’Connell. I think that is all. 

Cross examination by Mr. Callahan. 

Q. At the present time, Mr. Donovan, you are not very friendly with Mr. 
Lomasney?—A. I am not. 

Q. And you have stated that publicly, that you are unfriendly?—A. I am 
not, certainly. 

Mr, Callahan. That is all. 

John L. Donovan. 

Deposition of JAMES I. GREEN, sworn : 

Direct examination by Mr. O’Connell: 

Mr. Callahan. Before Mr. Green testifies, I nssume and I suppose you will 
say that it is true, that he is here to testify to a statement that is alleged 
to have been made by Mr. Donovan. Is that it? Now, I want to object 
to that and have my objection noted, for two reasons. First of all, there is 
no allegation of such a thing in the bill of specifications, and secondly, for the 
reason—perhaps Mr. O’Counell may do it—but in the regular order of procedure 
it would be impossible to put on a witness to contradict another witness that 
he has put on. It is a fundamental rule that you can not contradict your 
own witness; and I also give notice that the evidence is hearsay. 

Notary Berman. Note Mr. Callahan’s objection. 

Q. What is your full name?—A. James I. Green. 

Q. Where do you live?—A. 117 Baldwin Street, Charlestown. 

Q. You have been quite prominent in the Democratic Party in Boston?— 
A. Always been a Democrat, 

Q, What offices have you held, Mr. Green?—A. Political offices? 

Q. Yes.—A. Been in the Boston common council. 

Q. How many years?—A. One year. Legislature, two years. 

Q. That is, in the lower house?—A, The lower house, and the Massachu¬ 
setts senate two years. I was chairman and member of a ward committee, 
I can’t tell you how many years. I don’t remember just now. 

Q. That is, in Charlestown wards?—A. My own ward. 

Q. What ward is that?—A. It now is what they call ward 3. When I was 
there it was ward 4. 

Q. Of Boston?—A. Of Boston. They have been redistricted since. 

Q. What years were you a member of the Massachusetts senate?—A. 1915 
and 1916. 

Q. Mr. Green, you know Representative Donovan who has just—John L. 
Donovan, who has just testified?—A. I was in the council and legislature 
with him. 


TAGUE VS. FITZGERALD. 323 

Q. And did you have any conversation with Mr. Donovan shortlv after the 
congressional election last fall?—A. I did. 

Q. Who was present at the conversation?—A. Mr. Giblin and Representative 
Real don and another man. I can’t just recall now; but he could be reached 
very easily by being sent for. Mr. Fitzgerald [pointing at Mr. John I. Fitz¬ 
gerald], John I Fitzgerald. 

Q. John I. Fitzgerald. That is John I. Fitzgerald who was at that conver¬ 
sation?—A. Yes; came in while we were talking. 

Q. Came in while you were talking. Where was the talk?—A. Almost at 
loung’s hotel bar—at the door from the entrance from the bar in what I call 
the auditorium, or whatever the word mav be. 

Q. The lobby?—A. The lobby. 

Q. Do you recall what Mr. Donovan said with reference to the election as 
to the use of money? 

Mr. Callahan. Note my objection. 

A. I do. 

iNIr. Callahan. Will you please note my objection to all this? 

Notary Bekman. Yes; note Mr. Callahan’s objection. 

Mr. Callahan. On the ground that it is hearsay. 

The Witness. How is it hearsay when I am telling what was said? 

Mr. O’Connell. That is all right. 

Notary Berman. Proceed. 

A. I met Denny Reardon outside ,and he said, “ Do you know what John L. 
Donovan is around saying? ” and I said “ No.” 

iMr. Callahan. That I object to—what Mr. Donovan said. 

Notary Berman. Note Mr. Callahan’s objection. Proceed. 

A. I can’t lead up to why I went in there. Is that it? 

Q. Go ahead. Tell it in your own way. 

Mr. Callahan. We suspect why you went in there. 

A. You and I went in for the same purpose a good many times, Tim. 

Q. Tell it so the stenographers will get the story. 

Notary Berman. Tell it in your own way. Senator. 

A. I am trying to. I went in and saw John L. Donovan standing at the 
bar—away from the bar with a fellow that I know as I know Donovan. I 
said to him, “ WJiat are you doing? Are you around trying to kid people?” 
He said, “What do you mean?” I said, “I understand that you made the 
remark that Martin gave you .$1,000 for being with Fitz. Is it true? ” He said, 

“ Sure it is true.” I said, “ I think you are lying.” I said, “ I think you 
got that $1,000 for getting out the vote.” I said, “ You are making a pretty 
strong statement, John, when you make that remark.” He said, “ Let Tague 
summons me down there.” I said, “Are you game enough to be summoned? ” 
He said, “ Yes, let him summons me.” 

Q. Did you say anything further about it?—A. About what, Mr. O’Connell? 
Q. Was there any further talk at that time?—A. There was not. 

Q. Did anybody join in the conversation? Did Mr. Reardon or Mr. Giblin 
join in the conversation?—A. Yes. 

Q. What did they say, if you recall? 

Mr. Callahan. That I object to. 

Notary Berman. Mr. Donovan was there at the time? This was in Mr. 
Donovan’s presence? 

The Witness. Yes; Mr. Donovan was there. 

Q. What was said?—A. Giblin said to him, “You are another one of Lomas¬ 
ney’s stools. You are around to-day banging Martin and to-morrow you will 
be shining his shoes, and this is a mistrial to smoke out.” 

Q. Have you told us all that was said?—A. Yes. 

Mr. O’Connell. Your witness. 

Mr. Callahan. When you say “ mistrial ”- 

The Witness. Pardon me, Mr. Callahan. While we talking talking, Mr. Fitz¬ 
gerald came in—Mr. John I. Fitzgerald—called Mr. Donovan to one side. What 
conversation they had, I don’t know. They talked a minute or two, and then 
he came back to where we were, meaning Donovan, and said, “Yes, I am ready 
to go down there. Let Tague summons me.” 

Cross examination by Mr. Callahan ; 

Q. You said that Mr. Giblin talked about a mistrial, and by this mistrial 
what did you consider that he meant?—A. Just what he said. 

Q. Did he say anything else?—A. At that time? 



324 


TAGUE VS. FITZGERALD. 


Q. Did he say anything else at that time?—A. No. 

Q. How long was Giblin with you?—A. How long was Giblin with us? 

Q. Yes.—A. Not very long. He was not with us going in there. 

Q. Was he with you five minutes?—A. I never carry a watch. 

Q. Was he with you four minutes?—You can tell approximately.—A. I can 
not tell you approximately the time. 

Q. Was he with you two minutes?—A. If you will allow me to tell. 

Q. How long was he with you?—A. Reardon and I went in there, and while 
we were in there Giblin came over to us, and we went in there for the purpose 
of hearing what Donovan had to say. 

Q. Why did you do it?—A. Why did we do it? 

Q. What were you interested in Mr. Donovan for?—A. I just don’t grasp 
the question. 

Q. You said you went into the bar to hear what Mr. Donovan was saying, 
and I ask you why you did that?—A. I went in to hear if he would say what 
he did. 

Q. And that is, you had heard of it from somebody else?—A, Denny Reardon. 

Q. And you went in to see if it was true?—A. Yes. 

Q. An that was in the bar?—A. It was not in the bar. 

Q. Where was it?—A. It was not the bar, in the place outside. 

Q. You know where the bar is?—A. You, too, you too, you know the place. 

Q. You have been at both bars?—A. Yes, and you too, and we have been in 
worse places. 

Q. Was it at the bar where you were talking with Mr. Donovan and Mr. 
Reardon?—A. Repeat the question, please. 

Q. Was it at the bar where you were talking with Mr. Donovan and Mr. 
Reardon?—A. It was not at the bar. 

Q. So, when Giblin came up to you, he did not come up to you in the barroom. 
That is so, isn’t it?—A. Wait a minute. 

Q. It is so, isn’t it so? Can you answer that yes or no?—A. I can answer 
it; yes or no. 

Q. You went up to the bar, didn’t you?—A. Yes, I went up to the bar; and so 
do you, don’t you, Tim? 

Notary Bekman. Don’t quarrel. 

The Witness. I am not quarreling. 

Q. Can’t you answer that; yes or no?—A. What was it? He is not going to 
get my goat. 

Q. I don’t want your goat.—A. I know it, Tim. 

Q. Didn’t Mr. Giblin—cross that out, please. Mr. Giblin came up to speak 
to you ill the room where the bar is. Isn’t that so?—A. Yes. 

Q. Came up to speak to you just outside the bar?—A. At the threshold. 

Q. How long was he there?—A. Who? 

Q. Mr. Giblin?—A. While we were talking? 

Q. Yes?—A. While we were talking? 

Q. Do you know'whether or not he heard Mr. Donovan say this to you?—A. 
He is here to testify himself if he heard it or not. I don’t know. 

Q. What made him say, “You are one of Lomasney’s tools”?—A. Want my 
opinion ? 

Q. No; I don’t want your opinion. I want exactly what happened.—A. I am 
telling it. I don’t know. 

Q. Was there anything said here as to what he meant by it?—A. He said, 
“ Hello, Tom.” 

Q. You said, “Hello, Tom”?—A. Yes. 

Q. Did Mr. Donovan sjiy anything?—A. Yes; he said, “Hello, Tom.” 

Q. Was that all that was said at the time?—A. So far as I can remember. 

Q. And then he turned away and said, “You are one of Lomasney’s stools ”?— 
A. Without anything else being said. 

Q. You said, “Hello, Tom”; Mr. Reardon said, “Hello, Tom”; Mr. Donovan 
said, “Hello, Tom”, and that was all that was said?—A. So far as I can re¬ 
member that was exactly it. You are a good witness. 

Q. And that was all that happened. Up to that time, Mr. Green, nothing had 
been said in his presence about $1,000?—A. Well, he was there. 

Q. No; you said, “ Hullo ” ; Mr. Donovan said, “ Hullo ” ; and he said. “ You 
are one of Lomasney’s stools.” Up until that time nothing was said about 
$1,000?—A. Up to what time? 

Q. When Mr. Giblin said, “ You are one of Lomasney’s stools.”—A. Yes; 
there was, but Giblin was not there then. 


TAGUE VS. FITZGEKALD. 


325 


aiufl he has"a™ke,/me7 quesTot 

Mn'oTbUn Zhn, th^ri: 

repeated ffibUn^^^^bere'''* ““‘"® "'h^ 

^ “ - - - - - 

sr/'ISS I; - iryr„- 

swermg-t,.e questlo,;. Y.;^ ’ e^n 
A. When did anybody? 

Q. Yes. When atter'that?—A. Giblin saiil, “ You are a stool ”_ 

h»:; 

bV, \ with a thousand dollars, and I again an- 

without gettinrhis“” *''" ’ “"®'’«‘' Save anybotly a thousand dollars 
Q. You regarded it as a joke?—A. Who? 

S' J,Jregard anything Mr. Lomasney does as a joke 
Q. lou didn t know Mr. Lomasney did it. You thought it was a^ke.—A He 
not kidding me, Tim, any more than you are outguessing me 
I am imt outguessing you. I want to ask you a few questions You did 
anLvIrT'"^ Donovan when he made that statement?—A. Do you want an honest 

o’ honest answer.—A. All right; give us the question. 

V 1 ^ ‘v ^ ® ^ direct examination, “ Stop your kidding. Lomas¬ 

ney vould not give anybody a thousand dollars ”?—A. Sure. 

Q. And .vou believed Donovan was joking?—A. Not’jokin^. 

T • believe?—A. I don’t know. I did not think he was joking 

I said M hat are you doing, trying to kid me? ” I thought he was kidding, 
did not heheve Martin would give anybody a thousand dollars unless he got his 

now?—A. That is what I think now I 
don t know, just seeing you and Feeney here, and knowing what he has done 
to you jDeople, I don t know hut what he might spring a thousand 

Q. Of course, if you want to bring Mr. Feeney in and me I ’am o-oin^ to 
approach this with perfect candor. I am not going to make’more of a foke 
of it than anybody else. 

Mr. O’Connell. I don’t see any joke about it. 

Mr. Callahan. Yes; there is. 

Q. I want you to answer my questions under oath.—A I have been attemnt 
ing to do that. cULempc 

, 9‘ not believe it, and that you did not 

believe that Martin woiihl give it?—A. I am not going to answer it when vou say 
did you. Which one do you mean ? ‘ ^ 

Q. Didn’t you say that?—A. Which one? 

Q. That Martin would not give a thousand dollars unless he got something in 
reuirn A. Exactly; and so do you, unless he had a purpose. I verified that, too. 

Q. In this last campaign ,vou were one of the most ardent supporters of Mr 
Tague, weren’t you?—A. I did what the returns of the primaries show that a 
lot of other men did. I voted for Mr. Tague. 

Q. Yes; but you were one of his chief supporters?—A. I don’t know what 
you mean by chief supporters. 

Q. Do you mean to say, Mr. Green, in that primary a declaration by you for 
Mr. Tague, “ Vote for him,” was not made?—A. That is a peculiar question 
Q. What is it—A. That is a peculiar question. 

Q. Will you read the question? [Question read.] Is that a peculiar ques¬ 
tion?—A. Do you mean by that—may I ask a question? Do you mean I was 
out on the stump? 


326 


TAGUE VS. FITZGERALD. 


Q You can ask questions and answer them if you want to. That is appar¬ 
ently your intention.—A. That I was out on the stump asking everybody I 
could ask to vote for Mr. Tague? 

Q. Did you do that?—A. Yes. . .uv,- r ^ 

Q. Then you did everything you could for him?—A. Did everything I could 

that was honest and legitimate. . o * xr 

Q. Were you out nights speaking at rallies for him?—A. Yes. 

Q. Did you speak at the polls for him?—A. I did not. 

Q. Did you put any workers at the polls on election day?—A. I did not. 

Q. Did you receive any money for your work?—A. I never received any 

money from Mr. Tague. Oh, no. . oat 

Q. Did you have any workers in any of the precincts in Charlestown i A. 1 

had none. . « * t - t 

Q. Did you have any automobiles driving around for him?—A. 1 was riUing 

in them. I don’t know who paid the bill. o 4 4 - 

Q As a matter of fact, you hate Mr. Lomasney intensely, don t you?—A. Not 
half as bad as you do, Tim. I don’t hate Mr. Lomasney. I admire him. 

Q. You hate Mr. Fitzgerald, don’t you?—A. No. 

Q. Mr. John I. Fitzgerald ?—A. I do not. 

Q. Haven’t you at times?—A. Never; even when he fought me for the 
Senate; never did I say anything that was not legitimate. I have never said 
a word about Mr. John I. Fitzgerald that I would not tell them to their teeth. 
I have never spoken disparagingly of either of them, and that is my last word 

to you. OAT -11 

Q. I understand you have been saying kind words about them?—A. 1 will 

not say that. 

Q. Have you ever said any pleasant things about them?—A. Yes; I thought 
they were pretty game fellows. 

Q. Have you ever said any other pleasant things about them?—A. I guess 
that answers it. 

Q. That is about the limit?—A. Yes. 

Q. At the primary recount you were one of the watchers for Mr. Tague, 
weren’t you?—A. I don’t know what watchers are. 

Q. You were at the election commission all day?—A. I was. 

Q. And you were at a table?—A. I was. 

Q. And you were counting ballots?—A. I was. 

Q. And protesting ballots?—A. I was. 

Q. And making comments about the watchers and officials there?—A. You 
were one of them. 

Q. You were making comments about John I. Fitzgerald?—A. No. 

Q. About anybody there?—A. Yes. 

Q. Did you tind fault especially with the clerks of the election commis¬ 
sion v—A. I found fault with the special watcher at the table I was working at. 
Q. And you expressed that very loudly?—A. I imagine I did. 

Q. At the election recount you were there with Ylr. Tague also?—A. I was. 
Q. And you were there all day?—A. I was. 

Q. And both days?—A. Yes. 

Q. And you were at a table?—A. I was. 

Q. And you said some things about Mr. Fitzgerald?—A. I did not. 

Q. And you said some things about Mr. Lomasney?—A. I did not. 

Q. Did’nt you say something about Mr. Fitzgerald?—A. This Mr. Fitzgerald 
as being put in the record, Mr. Callahan is speaking about now, is Mr. John I. 
Fitzgerald ? 

Q. Exactly.—A. That should go in the record, because anybody would be 
confused. The other is John F. Fitzgerald. 

Q. But didn’t you say something about Mr. Fitzgerald?—A. Which Mr. 
Fitzgerald? 

Q. John I.—A. No. 

Q. And about Mr. Feeney?—A. No. 

Q. Y’'ou did not say anything?—A. No; I did not. 

Q. All right, if you want to leave it that way. About two years ago you 
were a candidate for the Senate?—A. I was. 

Q. And it was in this district, comprising Charlestown and ward 5. Is 
that so?—A. Y'es. 

Q. Was it so or wasn’t it?—A. Of course it was. 

Q. And for two years before that you had been Senator?—A. I had. 


TAGUE vs. FITZGERALD. 


327 


Lo^ia'X was 

Q. Mr. Lomasney opposed your election?—A Yes 
Q. He did?—A. That is so. 

\Ti^’ wasn’t there considerable bitterness engendered in that fight because 
?hatn“h??""’’ "-ere against you?-A. How can I answe? 

Q. Yes or no? 

Notary Rerisian. Answer in your own way 

the'l^endHT^ bitterness there was in me, that night I called up 

mnmosp of i ?• '''^'^''‘^tulated them. That is, I called up with the 

andTmikid Lomasney for the fine job, but he was not there, 

O of • [pointing to John I. Fitzgerald]. 

tribliVLi Lomasney and Mr. Fitzgerald. Mr. Tague con- 

tiibuted also to your defeat?—A. Sure he did. 

Mr^T^gne^s^alSirs^ them?—A. I don’t know anything about 

he^w.^^^'^ know Mr. Tague was against you in that contest?—A. Sure 

Tague spoke against you in that contest?—A. He 

ne\er mentioned my name. 

Q. Don’t you know Mr. Tague spoke in Charlestown?—A. Yes 
Q. And spoke against you?—A. I do not. 

Q. Don’t you laiow?—A. If you say, “ Don’t I know?” I will say I don’t know. 
If you ask me if I think so, I will say “ Yes.” 

Q. You will say that you think Mr. Tague in that contest spoke against 
and asked his friends not to vote for you?—A. He didn’t say anything against 
me, but spoke in his own interest. 

Q. Don’t you know that Mr. Tague, in that contest, spoke against vou and 
asked his friends not to vote for you? 

Mr. O’Connell. Please let him answer. 

Q. Don’t you know Mr. Tague made a trade with Mr. Lomasney to defeat 
you for the senate?—A. No. 

Q. Didn’t you state it publicly?—A. No. 

Q. Haven’t you?—A. I never double-ruled you, Tim. I never made such 
a statement. 

Q. Haven’t you said that to me?—A. Never told it to you or anybody else. 

Q. But at that time, just before the congressional election, and during the 
congressional election for which you are acting in days long past, he sup¬ 
ported Mr. John I. Fitzgerald with the assistance of Mr. Lomasney, and he 
did that so he could go back to Congress without opposition, didn’t he?—A. Give 
me that question again. 

Q. You know that?—A. Wait a minute. Give it to me again. 

Q. (Question read.)—A. Why, it is impossible to answer it, Tim. What is 
the name of who tried the Harry Thaw case? 

Q. Never mind, but answer that question.—A. How can I answer that ques¬ 
tion? 

Q. You don’t regard your evidence very seriously, do you?—A. If everybody 

regarded this case as seriously as I do- 

Q. But you are not taking this very seriously?—A. I don’t take it very 
seriously, but you are not fair with your questions. How can I answer that? 

Q. Didn’t you charge that in your speeches?—A. I did not. I may have 
had a purpose in not doing it. I may have thought Tague had a deal with 
Martin, but I figured I would get more votes in Charlestown if I let him 
alone. 

Q. You were approached in this so if you know a thing you would not say 
it; were you not?—A. I always try to tell the truth. 

Q. And it is some attempt?—A. Sometimes it is. 

Redirect examination by Mr. O’Connell: 

Q. l"ou have told the truth here to the best of your recollection and belief?— 
A. So help me, God. 

Q. And that fight in which you were fighting against these things down in 
ward 8—ward 5—you were prevented from challenging voters on that day?— 
A. Yes. 

Mr. Callahan. I object to that as immaterial. 

Notary Berman. Note Mr. Callahan’s objection. 



328 


TAGUE VS. EITZGERALD. 


Q. Your answer is what?—A. I will answer it if the judge savs so. 

Notary Berman. Yes. 

A. Positively; yes. 

Q. And did you attempt to challenge voters?—A. Yes. 

Q. And were you prevented from doing so?—A. Me and my helpers were 
thrown out of the door. 

Mr. O’Connell. That is all. 

The Witness. Can I tinish my story? 

Mr. O’Connell. l"es. I thought you had. 

The Witness. I was thrown out from Lynde Street! I don’t know what 
precinct that is. It is the corner of Nashua and Lynde Street, and I asked 
the commission and relied for protection on the M^arden and he said, “ You 
are going to get thrown out of here. You might as well get out.” I said, 
“ What right have you to come over here? You vote in the Bunker Hill House 
in Charlestown. I am going to get you taken out of there,” and I went up 
to the election commissioners’ office and Mr. Burlen- 

Mr. Callahan. That was the time you brought back- 

Q. Was that man Mr. Celeste?—A. No; I will give jmii his name. I brought 
back the election commissioners at the time. That gentleman that is dead 
now, Mr. Minton, was election commissioner. I made a complaint to him. 
He came down with me and the man who was warden that day was demoted 
or else was taken from the ward. His name was John Lambert. 

Q. How were your workers treated that day, so far as you know?—A. They 
were not treated bad. There was a lot came down to "treat them bad, but 
they did not. 

Q. You fought them back?—A. No; they did not. There was not anybody 
did any lighting when they saw people were prepared for it. 

Recross-examination by Mr. Callahan ; 

Q. Just one question. I understand you were thrown out of a precinct and 
you protested and that same night you went down and congratulated Mr. 
Lomasney?—A. That night, I did not go down and congratulate Mr. Lomasney. 
I did not say I went down and congratulated Mr. Lomasney. 

Q. Don’t let us quibble.—A. I’^ou are the one that is doing the quibbling, Tim. 

Q. You called him up on the telephone?—A. I did. 

Q. And you congratulated him?—A. I did; not him, but the fellow that was 
there. 

Q. It was your intention to congratulate Lomasney?—A. Positively. 

Redirect examination by Mr. O’Connell: 

Q. And it was for the job that he did on you that you wanted to congratulate 
him? —A. I’^es. 

James I. Green. 

Deposition of THOMAS J. GIBLIN, sworn: 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Thomas J. Giblin. 

Q. And where do you live?—A. 26 Thurston Street, East Boston. 

Q. Y"ou have been a member of the Massachusetts Legislature?—A. l^es, sir. 

Q. How many years?—A. Three years. 

Q. And before that you were a member of the board of aldermen*?_4 Yes 

sir. ■ ’ 

Q. Elected at large?—A. Y'es, sir. 

Q. How many years?—A. Elected one year before they put in the charter. 

Mr. Callahan. May I, at this tinw, object to all this testimony? I don’t 
know whether I did before. Because it is immaterial and is not going on bv 
specification. 

Q. Before that, you were a number of the Boston City Council?_A. No. 

Q. Calling your attention to an interview in Imung’s Hotel witli John L 
Donovan at which Representative Reardon and Senator Green were present' 
will you tell us what was said by Mr. Donovan? ’ 

Mr. Callahan. Why don’t you have him show where he was? 

Notary Berman. 1"ou have the right on cross-examination. 

Mr. Callahan. I know I have the right on cross-examination, but I want this 
man asked questions properly. 

Notary Berman. I will have them put properly. 

Mr. Callahan. Don’t make this more of a joke than vou are alreadv Whv 
don’t you get the question put properly? ‘ ^ 




•TAGUE VS. FITZGERALD. 


329 


Notary Bi:RMAN. Proceed, Mr. O’Connell 
wl?en it\™famrwh“f'took 

Q. Of last fall^-\ Yes “ '™s ^liortly after the election. 

While she vvas tvpet'a'i h ;/ft T ?“■' typewriting it. 

Standing at the door as fcame *n was Mr^rrein Mr"n 

and another fellow, and they held me up ' ^ r)««0'’an, Mr. Reardon, 

Q Go Iheld"” A‘T'i *t'’"!^ol you?-A. Stopped me. Yes. 

Of a i.oi^ti;;tfol?^;'ki-S'S 'lit 

in? a'teJlg^t- in’lllaOm,'\^ts'helmlldljg'l. ™ ^ -<1- 

madfmrskd'rthl"tnTlmv"werfV“‘^^^ 

Q. M hat did Green sav?—A. Green snid “ tiioa- 0 ..^^ 
that you got a thousand'dollars out If Making! ' ® 

Q. Did he say for what purpose?—A. For the Tagiie-Fitzgerald fio-ht 
Q. For what purpose?-A. To carry the ward down there " 

Q. For whom?—A. For Fitzgerald! 

Q. What did Donovan say?—A. John said “ Ya« • t ruvi .n 

•‘\-ou®wm"uS^|; thrm,gron''uml"ltetement>^ “ Ye“\ wlu gf’thrm.^ onl’ 
If they summons me, I will go through ” ® through on it. 

Ma?-tim''®‘ '™" then?-A. Well, John L. started to take a paste at 

ru?‘ and“said1ie^wmiH/n!mT***“’i him on the 

lun, ana said lie would put him down and out. I listened a whiip t uoato 

seen a lot of them have them on the run and to^lav they are diwnand out 

fn!idh?v*^T **'e middle and e.ypres.sed myself pretty 

nmm r- he and Martin win Id be togrtheJ Thai 

Siltere ??it '‘^"■'•^hing that was going om He ums lit 

..o5' 'yh»tyh<l he say?—A. He said he was absolutely on the level You 
remember I served in the House with John. 

Q. Where?—A. Served four years with him. 
m.?;ilSricron any MH tt St 

M?' subject about receiving a thousand dollars brought up to 

C*reen kept bringing it up two or three times, and kept 
talking about it and chewung the rag about it. 

up?—A. He said he would go through 
and he hoped he would be summoned down here. He got his wish ^ 

Q. Be summoned dowm here for what? To tell his story?—A.*To tell his 
Story, 

understand him to mean when he said he would 
through?—A I understood him to say he would tell what he did with tS 
whether he distributed it or whether he put it south. 

influential member of the Democratic 
ait> . A. If he IS light. He is a victim of the Lomansev ax. If Martin 
don t want anybody they cut them off. 

Had you been a candidate for Congress at the primaries'^— \ Yes* T 
filed papers. ‘ • . 

Ta?ue^?or folr“;ials.‘ " "^"Sue’-A. No; I had not spoken to 

A Member of Congress did you receive anything from him’— 

A. Not a thing. 

Q. And you had an automobile running against him?—A. Yes. I made three 
speeches in Charlestown. ” 

Q. Against him?—A. Yes. 



330 


TAGUE VS. EITZGERALD. 


Q. Will you tell us how you were induced to get out of the fight?—A. I had 
several talks with Martin in relation to it. I pointed out to him that it was 
easier to win Congress with ward 5’s support than it was a small office. He 
said, “How do you make that out?” I said, “I went in there and cleaned 
you out against Kelliher.” 

Q. That is, you had been a candidate before?—A. Yes, sir. 

Q. And running against Murray and Kelliher you had carried your dis¬ 
trict against both of them?—A. Carried both wards. 

Q. Wards 1 and 2 of the present district?—A. Yes. I said, “ I need your 
support. Nobody in East Boston can win without it. It is East Boston’s turn.” 
He said, “ I will give it for yourself, but for nobody not in East Boston outside 

of one man.” . „ , 

Q. What did he say with reference to Mr. Fitzgerald?—A. Well, he informed 
me that I did not have any money to finance a fight, and I told him that I 
could raise $5,000 at the time of the Murray fight- 

Mr. Callahan. You are not telling what you told him? 

A. Had I had $5,000 cash I would have been the nominee. 

Q. What did Mr. Lomasney say?—A. He said, “You have not money to 
finance a fight.” I said, “ I can put $5,000 down in it to get there.” He says, 

“ W^here are you going to get it? ” I named one man that would put in' 
$2,000 or $3,000, and said, “ I will put the rest in my own money.” 

Q. What did he say?—A. Well, he didn’t take the money for it that day. ^ 

Q. What did he say with reference to Mr. Fitzgerald?—A. Well, they didn’t 
spring Fitzgerald until the last week of the campaign, filing the papers the 

last two or three days. ^ ^ 

Mr. Callahan. Wait. The question is “ What did he say about Mr. Fitz¬ 
gerald? ” 

Q. Did he say anything about Mr. Fitzgerald? 

Mr. Callahan. You can write a history about this. 

A. I don’t know whether it is history or not. It is facts. He said, “ I am 
not going to get stuck for any of my money. I am not going to go into this 
fight. I am not going to be a sucker for any of them. I am not going to put 
my money into it.” I don’t blame you for laughing, gentlemen. You know 
how he talks. “ I am not going to be .a sucker for any of them. If they fight 
a good honest fight, they can pay their own bills. I got held up in the Murray 
fight and I had to settle.” He said, “ I am not going to settle, no matter who 
goes to Washington.” He said, “ They have got to pay their own bills. I will 
not pay them.” In other words, he did not want a candidate who- 

Mr. Callahan. Now, please. Tell what Mr. Lemasney said. You can write 

a book. 

The Witness. I am not writing a book. 

]\Ir. Callahan. You can make a speech. 

The Witness. I can make a definition. I understand it is allowable. 

Mr. Callahan. If it is understood it is a definition. You can not voice an 
opinion. 

The Witness. Now, you are quibbling. A possible district attorney- 

Notary Berman. Don’t quarrel with him. 

The MAtness. I am not quareling. I like him, personally. 

Mr. O’Connell. Tim is getting a little excited. Tell us the truth. That is all 
I want. 

Notary Berman. Tim is my friend, and I don’t want him picked on. 

A. He said Fitz had a lot of money he made in Bethlehem steel; his son-in- 
law was in with Schwab, good connections, could make elegant connections 
down at Washington. He said, “ I want a fellow down there not like Tague.” 
He said Tague was yellow. He said Tague was a quitter. He said, “ I will get 
Pini—” He said, “ I will get him where I want him. He is not going back.” 
I said, “Why don’t you get him with an East Boston man? Why take Fitz¬ 
gerald?” He said, “Fitz is a comer.” I said, “Lomasney, I supported Martin 
Dona van for you. You have double-crossed every friend you had in this election 
of Fitz. Politically he is a piker, and I will never vote for him.” 

Q. Did you have any further talk with Mr. Lomasney about it?—A. I had 
several talks with him. 

Q. And that was the substance of what was done in this fight or with refer¬ 
ence to the fight?—A. After the fight got started I never went near them. 

Mr. O’Connell. I think you may inquire. 





TAGUE VS. FITZGERALD. 


331 


Cross-examination by Mr. Callahan : 

Q. I^o^v, Ml. Giblin, I understand that yon are not very friendly with Mr. 
Lomasney?—A Well, there is not anybody. John I. Fitzgerald is not very 
friendly with Martin Lomasney. 

Q. Now that you have got that out of your system answer my question. You 
are not very friendly with him?—A. Nothing personal against him. 

Q. I suppose you have it against him that he never supported you.—A Yes- 
he supported me. ^ .y . , 

1 these fights you gained, this congressional fight.—A. No: I 

haven t it against him. iJe had a right to do as he chose. 

anything against Mr. Tague?—A. No. I never shined up to him 
greatly, that is all. 

Q. When you had this talk with Mr. Lomasney about the Murray fight did 
you talk with him about the Tague fight of four years before?—A. 'Did I talk 
with him? 

Q. Yes.—A. Yes; we had some talk about it. 

Q. M hat did you say to him and what did he say to you about the Tague- 
Ivftiiiher contest?—A. About the Tague-Kelliher contest?' 

Q. Yes.—A. What did he say to me? 

S’ remember that we had any great talk on that part. 

Q. ialk to him about what those votes cost him? Did he say anything to you 
about what the Tague vote four years ago cost him?—A. No.' 

Q. You knew he supported Tague four years ago?—A. He said he spent some 
money. 

Q. You knew it was through his efforts entirely Mr. Tague was elected*^—A 
I disagree with you. 

Q. Don t you know Mr. Tague would not have been elected four years ago 
without the support of Mr. Lomasney?—A. I think Tague would have been 
elected without the support, and when ward 5 declared for Tague it drove off a 
lot of other people. 

Q. Do you believe that?—A. I do believe that. The only time ward 5 lines 
up with you is when you have people going; when you have the end in sight 
they are on the band wagon, in behind. You found that out in the Gallivan 
fight. 

Q. Now, let us see. You think Mr. Lomasney is of no value in an election 
contest?—A. It is of no value without he believes a thousand things, and he 
waits until right up to the night before. In this case he took the stand 10 days 
before, because he was spiteful against Mr. Tague, and the reason he took 'it 
about two weeks ahead of time was because he was spiteful. 

Q. In spite of that, every contest you got into you would go down and see 
him?—A. No; I have him come and see me. I am one, gentlemen, that made 
him come and see me. 

Q. Don’t you always ask him for his support?—A. No; I have gone to the 
legislature with him against me. I told him very frankly I could go to the house 
without him. 

Q. Let me ask two questions. In this talk—of course all this talk is camou¬ 
flage?—A. In Washington they will not think so, and you know it is the truth. 
You are a clever man. 

Q. In this conversation you had in Young’s Hotel you say there was Mr. Rear¬ 
don, Mr. Green, yourself, and Mr. Donovan?—A. Yes. 

Q. That conversation, you say, was at the cigar counter?—A. I did not say it 
w-as at the cigar counter. I said I met them as I was going in to get a cigar. 

Q. And you met them before you went in?—A. Yes. 

Q. And one thing you heard was about a thousand dollars?—A. Yes; they 
M-ere passing around thousands like nickels. 

Q. Mr. Green was talking about thousands of dollars?—A. No; John L. 

Q. The first thing you heard was Mr. Green—please listen.—A. I am listening. 
All my life’s cheap. 

Q. Now, I know you are trying to be funny.—A. No ; I am not. You are trying 
to be witty with me. 

Mr. Callahan. I am treating you pretty decently. 

Mr. O’Connell. Oh, Tim. 

Notary Beeman. We have got to finish this hearing some day. 

Mr. Callahan. Before you get through we will be doing something ekse. 

The Witness. Don’t lose your head. 


332 


. TAGUE VS. FITZGERALD. 


Q. We call pull your record on some of these assertions.—A. You can pull any 
record you want to. 

Notary Berman. Mr. Giblin, give us a minute. 

The Witness. Go through. 

Mr. O’Connell. Don’t let him get you excited. 

The Witness. He can’t get me in a thousand years. .Tust keep cool. You 
keep cool. 

Mr. Callahan. I submit, Mr. O’Connell is asking Mr. Giblin to answer my 
Questions. 

Q. First, were you there when Mr. Green spoke aPQut a thousand dollars?— 
A. Yes. 

Q. He said, “ I will go down there,” and he had reference to this investigation, 
hadn’t he?—A. He said he would go down there? 

Q. Yes.—A. John L. invited himself down there, wanted to come down. 

Q. You did not hear Donovan say anything about a thousand dollars?—A. Yes. 

Q. What was it?—A. He said he got a thousand dollar.s. 

Q. From whom?—A. From Martin. 

Q. Where?—A. At the Hendricks Club. 

Q. For what?—A. To be with Fitz. 

Q. Where?—A. At the election. 

Q. Election or primary?—A. Election. 

Redirect examination by Mr. O’Connell: 

Q. Did you have any conversation with Mr. Brophy, of East Boston, about this 
tight?—A. Yes. 

Q. Did it have any reference to spending money for Fitzgerald?—A. Yes. 

Q. Will you tell us who Mr. Brophy is?—A. He is in the real estate business in 
East Boston. 

Q. What is his relation to Mr. Fitzgerald?—A. He is his right-hand worker. 
Mr. Callahan knows him very well. 

Q. For the purpose of the record; he is a very prominent Democrat in ward 
2?—A. Served in the legislature. 

Q. He is assessor of the city of Boston?—A. Yes. 

Q. What did he say to you about the use of money for election day for John F. 
Fitzgerald running for Congress?—A. I made a speech in- 

Mr. Callahan. Answer the question. 

The AVitness. I am going to answer the question. 

Mr. Callahan. Then make your speech short. 

Mr. O’Connell. Mr. Callahan is all excited. That is natural. 

The Witness. Don’t worry about me. I am not worrying about him. You will 
get your answer. I made a speech at Maverick Square and I took a little ball at 
Little Napoleon. 

Air. Callahan. By a ball, what do you mean? 

The AVitness. I took a little smooch at him. 

Notary Berman. AVhom do you mean by Little Napoleon? 

The AVitness. John F. Fitzgerald. 

Q. Go ahead. AVhat did you say?—A. And I got through talking, and I got 
down off the machine and I was standing at the First National Bank, and he said, 

“ Go easy on Fitz.” He said, “ Go slow. Tague is no good.” He said, “ Tague 
is not any good.” (Take that in Spanish.) “Tague is not any good.” I said, 

“ Is that so? ” I said, “ He was good enough for you to be with four years ago.” 
He said, “ I have not spoken to him in that four years. Y^ou have not been around 
with him a lot.” He said, “ The ‘ old man ’ wants to clean him up .” 

Q. AATio was the “old man”?—A. Martin. I said, “You want to clean him 
up.” He said, “ Fitz made a lot of money in Bethlehem Steel, and he has a 
ton of it.” I said. “ There is not any of them that I have noticed.” He said, 

“ There has been $1,.5(X) in the Columbia Trust Co., and they are all running 
away from it.” That was in the early part. That was in the early part. 

Mr. O’Connell. Don’t pay any attention to them. 

A. Tague went into the district and pointed out that they were trying to buy 
the election, and he scored them up, and he said he would have thein prosecuted 
if they used money, and Mr. Murphy said, “ Now is the time. I can fix it so 
you can slough off some of this coin.” I said, “ I will not take Fitz’s money in 
a million years.” I said, “ He is the cheapest piker that ever left the city.” 
It did not appeal to me. I said, “ He is going to be cleaned up. I am going to 
take a crack at him from my machine.” That was Friday. The next night, 
Saturday night, Fitzgerald and Brophy were in Day’s place. I sent out a 



TAGUE VS. FITZGERALD. 


333 


pi 


until mst 2 hours and 25 minutes 

no furtWr speeXe^m^^^ there would be 

looie."Thev"ve'.''e was lylnR around there 

Q. A\ho did ^vou mean?—A. Lomasney and Fitz" 

n ^ my objection to this‘s 

.so.?-in-law' e/Flt"«Sl !’• K-'-'-V is a 

between him and Loinasney ‘ ^ ^ ^ the way, 

ried John y-s^daSet" He u,ar- 

it up."h?s SHier;^';^ '»'» save 

i-esidei« ?f the FOTe*^Krver'Engi^eS\^?4 •■>'«> he is vice 

nr:S?‘£‘£r th^tlte S *e"a.rofhi\u." ^Lgu.^’:™ 

jNIr. Callahan. Note my objection. 

0 .,^: «ulfbee7“ served iffrouJretcJtonthue”"'” "" “® 

Q. J\ hat IS the name of the club?—A. The East Boston Association. 

Q. Do you understand Fitzgerald gave that money?—A. Fitz came there and 
spoke there and spoke there him-self. You had to settle to get in 

apfafin'H.fc?frTor “»««»' "> »«'eh to 

Congfr ™PPPy--^' Whatever they assessed you. You have ruu for 

Q. They were not in vogue in my day. Tell us what the system is—A The 
financial secretary or treasurer meets you and says, “The bovs have got’to be 

ffance ” ’ ““ ^p” «« through an 

Mr. Callahan. Note my objection. 

Recross-examination by Mr. Callahan: 

Q. You are very prominent in politics in this city?—A. No; I don’t consider 
myself as prominent. consuiei 

tor^ey ^ prominent.—A. I am not a candidate for district at- 

of^tiiem^^ ^ candidate each year for office?—A. I have won quite a few 

Q. And you have lost some of them?—A. I have; some. 

Q. In the last primary you tried to assist Mayor Peters?—A Yes 
Q. And you were refused by Mayor Peters?—A. Not me. 

Q. Didn’t they convince you they did not want your support?—A Martin M 
Lomasney. I am glad you brought it out. " ‘ 

Q. Didn’t it appear in the Boston papers Mr. Peters did not want vour sun- 
port?—A. Nothing official; nothing authorized. 

Q. Wasn’t that in the papers?—A. After Lomasney stooled in and attemnted 
to queer me with Peters. ' 

Thomas J. Giblin. 

Mr. O’Connell. Make a note in the record that Mr. Dennis Reardon, who was 
summoned for to-day, does not respond. 


334 


TAGUE VS. FITZGERALD. 


Commonwealth of Massachusetts, 

Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and i educe to 
writing the testimony of the witnesses in the contested election of Peter t. 
Tague V. John F. Fitzgerald, having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

Gertrude S. Cole. 

Boston, Mass., May 5, 1919. 

Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of their knowledge and belief. 

Abraham C. Berman. 

Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 33 pages, 
together with the notice of contest and answer, is a true and collect copj' of 
the testimony taken before me, under oath, in the contested election of Petei F. 
Tague V. John F. Fitzgerald beginning February 19, 1919; exhibits herein 
referred to are marked as described and made part of this record. 

[seal.] Abraham C. Berman, Notary Public. 

Boston, Mass., May 5, 1919. 

JOHN A. SULLIVAN sworn: 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. John A. Sullivan. 

Q. AVhere is your home?—A. At the Quincy House. 

Q. How long have you liver there?—A. Six years. ... 

Q. What is your business?—A. I am in the wholesale liquor business just 
down the street from the Quincy House, Blanchard ik Co., 17 Dock Square. 

Q. Are you married?—A. No; single. 

Q. Where do your people live?—A. My mother lives in Dorchester. 

Q. What part of Dorchester?—A. Twenty-three Tonawanda Street. 

Q How long has she been living there? —A. In that house for two years. 

(}. Before that, where did you live?—A. One hundred and fourteen Melville 

Avenue. _ . ,. 

Q. How many years did you live there?—A. How many years did I live 

there ? 

Q Yes?—A. My people have lived there since I was 10 years old. 

Q. Did you live there with your people? —A. Until my father died, and I 
went into the liquor business and then I went to live in the Quincy House. 

Q. How much of your time do you spend at home with your mother?—A. 
Probably ouce a week I go out there; once or tAvice a week. 

Q. Any oftener than that?—A. No, sir. 

Q. Were you out there last night?—A. No, sir. 

Q. The night before last?—A. No, sir. 

Q. Sunday night?—A. Yes; I was out there Sunday night. 

Q. Saturday night?—A. No, sir. 

Q. All your personal property is at Tonawanda Street?—A. Very little. 

Q. By that, what do you mean?—A. I have just—well, I don’t believe I have 
got a suit of clothes there even. 

Q. You leave your winter clothes there in the summer time and your summer 
clothes there in the wintertime?—A. No, sir; I keep all my clothes at the 
Quincy House where I room. 

Q. How many rooms have you at the Quincy House?—A. One room. 

Q. What number is it?—A. 258. 

Q. You said you Avere interested in the liquor business, what do you mean?— 
A. I am a partner at present in Blanchard & Co., 17 Dock Square. I have 

another partner Avith me. , . • ' ... 

Q. Are you registered from the Quincy House because you are an intimate 

friend of John F. Fitzgerald?—A. No, sir. 

Q You are very friendly Avith him?—A. No more than Avith Mr. Tague. 

Q. I didn’t ask you about Mr. Tague. You knoAV Mr. Fitzgerald very Avell? 
Your families have alAAmys been on friendly terms?—A. I knoAV Mr. Fitzgerald 
and his family very Avell. I am not living at the Quincy House for that 
reason. 


TAGUE VS. FITZGERALD. 


335 


\ery weU ' ^ friendly with Mr. Kennedy, his son-in-law ?—A. I know him 

Q. You know his family very well?—A. I know Mr. McCarthy owner of the 
Qmncy House, better, and that is the reason I live there 

ge™id4‘'sondndrw?-A,‘'l?s“^ 

Yet’ ^r ‘laughter, who is Mrs, Kennedy?—A, 

Q. You have been at INIr. Fitzgerald’s home a great deal?—A Yes 
Q. And he has ca,ned at your home a great deal?—A. Yes. 

Dorchester on Melville Avenue, where you lived, Mr. 
tzgeiald was accustomed to call there up to the time your father died?_A. 

i 0S5 Sll** 

2a''Ton'’.if„^lr' i?'"’•yh’"' “‘Other went to Tonawanda Street and 
loiiawanda Street, isn t it?—A. Yes. 

Q. That is a large single house?—A. No; two-family house. 

/A TT home with your mother?—A. Yly aunt and my sister 

Q. How many sisters?—A. One sister. 

Q. The other sister is married?—A. Y’^es. 

Q. Have you any brother?—A. No, sir. 

Q. You are the man of the family?—A. Yes, sir. 

Q. And, as such, you want us to understand that you reside at the Quincy 

House, Boston, and leave the women folks alone at Dorchester, is that ri^^hf^_ 

A. I said I lived at the Quincy House. 

Q. You prefer to live at the Quincy House rather than stay at home with the 
folks?—A. On account of business I live there. I have to support my mother 
and I think of my business first. 


Q. I suppose you pay all the bills out there at Tonawanda Street‘s—4 
Y'es; I do. 

Q. Pay the rent?—A. I help to pay everything, but not necessarily the rent 
Q. Y^ou help to pay everything there?—A. Yes, sir. 


Cross-examination by Mr. Callahan : 

Q. Mr. Sullivan, you have been living at the Quincy House for two years?— 
A. Six years, 

Q. And you have voted there six years?—A. Voted six years; yes, sir. 

Q. Did anybody connected with politics ask you to get listed or registered 
from the Quincy House?—A. No, sir; I lived wdth Mr. John McCarthy before 
he was married. 

Q. He is your close personal friend and intimate, isn’t he?—A. Yes, sir. 

Q. You have gone on trips with him?—A. Yes, sir; I go away with hiin in 
the summertime and have gone to Palm Beach two winters with him. 

Q. You have no business relations with Mr. McCarthy?—A. No, sir. 

Mr. Callahan. That is all. 


DOMINIC J. HARKINS, sworn: 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Dominic J. Harkins. 

Q. Mr. Harkins, you live at 21 Mount Vernon Street, Charlestown?—A. No, 
sir. 

Q. Have you lived there?—A. Yes. 

Q. When?—A. Some years ago. 

Q. How many years ago?—A. Four years ago. 

Q. Do you know who lives in that house now?—A. Yes. 

Q. Who?—A. I know the family that lives there. 

Q. What family is it?—A. The name is Carlin. 

Q. Did you live with them?—A. No, sir. 

Q. What part of that house did you occupy?—A. I didn’t occupy any of the 
house personally, so far as I am concerned. My sister occupied a part of the 
house for a great many years. 

Q. And did you live with your sister?—A. I boarded with her for a while. 
Q. For how long?—A. Oh, for some years. 

Q. At 21 Mount Vernon Street, Charlestown?—A. Yes. 

Q. Is she there now?—A. No, sir. 

Q. Where is she now?—A. Long Island; employed. 

Q. 14 Chambers Street; what kind of a house in that?—A. A respectable 
house. . • * 


336 


TAGUE VS. FITZGERALD. • 


Q. I know; what I meant was, is it a hotel or apartment house?—A. It is a 
boarding house. I live there now. 

Q. Is it a hotel or an apartment house?—A. It is a boarding house. 

Q. Who is the proprietor of it?—A. Mr. MacDonald. 

Q. And do you board there?—A. I don’t board there, but I room there now at 
present. 

Q. How long have you been rooming there?—A. I should say I went there in 
April—the 1st of April. 

Q. Where did you go there from?—A. I went there from 21 Mount Vernon 
Street, Charlestown. 

Q, You left 21 Mount Vernon Street on March 31 and went over there April 
1, and how long did you stay there when you went there the first time?—A. I 
stayed there one night the first time—the first time I went there. 

Q. And then where did you go?—A. I went to Charlestown. 

Q. And how long did you stay back there in Charlestown?—A. I left Charles¬ 
town, I guess, in April, or in May or June last. 

Q. And your purpose in going there the 1st of April was for the purpose of 
securing your voting residence in that ward?—A. Well, yes, it was. 

Q. Daniel J. Harkins is your brother?—A. No, sir; he is my son. 

Q. And he did the same thing at the same time?—A. No, sir. 

Q. And what does your son do?—A. My son is an animal trainer. 

Q. And where does he work?—A. He is working now—do you mean where 
he is working now? 

Q. Yes.—A. He is working in the Boston Zoo. 

Q. A city employee?—A. Yes, sir. 

Q. And he is a member of the Hendricks Club?—A. Yes, sir. 

Q. What do you do?—A. I am a watchman. 

Q. Where do you watch?—A. In the sewer division. 

Q. Did you and yonr son se< lire your positions witli the city through friend¬ 
ship with any of tiie Hindricks (Miil)s?—A. Yes; I should say so. 

Q. And in return for that you naturally vant to show your appreciation by 
voting their way in their ward?—A. I know it is very nice of you to talk that 
way, Mr. O’Connell, but I was born in that ward in the first place, and my 
affiliations have always been in that ward. 

Q. I see. How old is your son?—A. About 35. 

Q. After you received this summons did you tell Mr. John I. Fitzgerald over 
there about it?—A. No, sir; I didn’t receive the summons. 

Q. Given to you by somebody?—A. It was given to me by my son. 

Q. Left at your house?—A. Not at my house, but at the house in Charlestown. 

Q. And they sent it to you?—A. Y"es; he went over there to get the mail. 

Q. Your mail is left at 21 Mount Vernon Street?—A. It used to be. 

Cross-examination by Mr. Callahan : 

Q. You were born in this \vard, weren’t you?—A. Yes; I was. 

Q. And years ago you represented it in the legislature?—A. Yes. 

Q. And how long ago w’as that?—A. That was in 1884, 1885, and 1886. 

Q. l"ou have ahvays voted there?—A. Pretty nearly ahvays. I voted in 
Charlestown a few years. 

Q. You are living at 14 Chambers Street?—A. l^es; now. 

Q. And you get your mail there now'?—A. Now^; yes, 

Q. And all your clothes are there now?—A. Exactly. 

Q. And your trunks and bags and things. And you have lived there from 
April 1 of last year?—A. Yes, sir; I did. 

Q. Now, you ivere familiar with this congressional district, Mr. Harkins, and 
w'hat w'ard ivould this Mount Vernon Street be in, that is referred to by Mr. 
O’Connell?—A, I don’t know- wdiether—I should think in ward 4. When i was 
in Charlestowm it was ward 3. 

Q. The w'ords changed a few' years ago?—A. l^es. 

Q. But at any rate you know' that wmrd is in Mr. Tague’s congressional dis¬ 
trict?—A. l’'es; and so is the w'ard we live in now. 

Mr. Callahan. That is all. 


Dominick J. Harkins. 

DANIEL J. HARKINS, sw'orn. 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Daniel J. Harkins. 

Q. You are the son of Dominic J. Harkins, who has just testified ?—A. Yes. 


TAGUE VS. FITZGERALE. 


337 


Q. MkI your business is what?—A. I am an employee of the city of Boston. 

Q. And work in the zoo?—A. Yes, sir. 

^t)u have lived at 2] JMount \ ernon Street*?—A. 1 have, did you ask me? 
ii. Yes.—A. I have at one time; yes. 

(2- How many years did you live there?—A. I don’t remember. 

(J. Can jmu approximate it?—A. I have been away a number of years. I 
iiave ^en in the show' business and been aw'ay for years, so I don’t remember. 

Q. How many years w'ere you awuiy from towm?—^A. About seven years I 
ihink. ’ 

Q. And wdien you got back, didn’t you go to Charlestowm?—A. Yes. 

Q. And you lived there w'ith your father?—A. I roomed there; yes. 

Q. ^yiiat w'as the name of the family?—A. The house of Mrs. M."e. Harkins. 

Q. The other family living in the house was Carlin, wmsn’t it? You lived 
there with your sister, did you?—A. No, sir. 

Q. Did your sister live there?—A. No, sir. 

Q. Your aunt ? A. My aunt doesn’t live there at present. 

Q- But she did live there the time you lived there*?—A. Y’'es. 

Q. And what is her name?—A. Margorie Harkins. 

Q. She occupied the house and you and your father lived there?—A. Yes, sir. 
Q. Where do you room now' ?—A. 14 Chambers Street. 

Q. And wiien did you first take your room there?—A. Sometime in March, 


Q. M hat time in March, 1918?—A. I don’t just remember the day. Some- 
w'here p'ound the latter part of March, I should judge. 

Q. M asn’t it the last day in March?—A. It might have been. 

Q. Y^ou went there with your father the same time?—A. Yes, sir. 

Q. After staying there for a short time you went back to Charlestown?—A. 
Yes. ^ 

Q. Went back to Charlestow'ii some time after that?—A. Do you mean as a 
resident there? 

Q. You w^ent back there to live sometime after that?—A. No, sir. 

Q. You W'ere summoned from 21 Mount Vernon Street, Charlestow'n ?—A. No, 
sir; I W'as not. 

Q. M here did you get your summons?—A. Well, there w'asn’t any Summons 
served on me. 

Q. Where did you get your summons to come here?—A. I w'as informed that 
a summons had been left in the entry at 21 Mount Vernon Street for me. 

Q. Who informed you so?—A. I think it was my father. 

Q. Aren’t you the one w'ho told your father?—A. No, sir. 

Q. You w'ent over there, did you?—A. Y"es; after I had been notified there 
W'as a summons there I w'ent over to find out what it w'as all about. 

Q. Did you go over there to get the mail?—A. Not at that time. 

Q. Did you get any mail there?—A. Y^es. 

Q. What other time did you go over for mail?—A. I have not been there for 
some time. 

Q. Did your father tell you to bring over his mail?—A. Do you mean on that 
day I W'ent for the summons? 

Q. Yes?—A. Yes; I think he said, “If there is any mail there bring it.’’ 

Q. You W’ere w'orking for the interests of Mr. Fitzgerald on election day?—A, 
Y'es. 

Q. And w'here w'ere you w'orking for him at that time?—A. At the Froth- 
ingham School, Prospect Street, Charlestown. 

Q. And the Frothingham School is where people vote who live on Mount 
Vernon Street, Charlestow'n?—A. I don’t know. Isn’t the w'ards changed? 

Q. Don’t you know' you w'orked there on election day?—A. Yes. 

Q. And don’t you you know^ in that precinct that the people w'ho live' on 
Mount Vernon Street vote there?—A. I can not state that. 

Q. Wasn’t it because you w'ere familiar w'ith that particular precinct, and the 
affairs of that precinct, that you w'ent over there, Mr. Harkins?—A. I sup¬ 
pose so. 

Mr. O’Connell. That is all. 


Cross-examination by Mr. Callahan : 

Q. You knew, of course, that this w'ard in Charlestow'n w'here you w:ere W'ork.- 
ing W’as in Mr. Tague’s congressional district?—A. Yes. 

■22 


122575—19- 



338 


TAGUE VS. EITZGERALF). 


Q. And that if you had been a resident of Mount Vernon Street you would 
have had the right to vote for either Mr. Fitzgerald or Mr. Tague, just the 
same as you have on Chambers Street? Isn’t that so?—A. Yes, sir. 

Q. Where do you live now?—A. 14 Chambers Street. 

Q. And you are there permanently?—A. Yes, sir; that is my permanent 
address. 

Q. And did you find out from telephoning or otherwise that these summonses 
were at Charlestown?—A. Well, verbally. It had been telephoned to another 
party. 


Redirect examination by Mr. O’Connell : 

Q. Did you get the summons at 14 Chambers Street?—No, sir. 

Q. If you were at 14 Chambers Street and a summons was left there for you, 
if you were there, you would have gotten it?—A. Yes. 

Q. Will you go down and inquire for that summons, please?—A. At 14 Cham¬ 
bers Street? 

Q. This summons was left there for you, and if it was left there for you at 
14 Chambers Street and you didn’t get it, the conclusion is that you are not 
living there now? 

Mr. Callahan. Young man, you don’t have to answer to conclusions, and 
you don’t have to answer argumentative questions. 

Q. Do you know Mr. John I. Fitzgerald sitting there opposite you?—A. Yes. 

Q. A prominent member of the Hendricks Club?—A. What do you mean by a 
prominent member? 

Q. He is one of the leading members of it, isn’t he?—A. He is a member of 
it, I suppose. 

Q. Isn’t he one of the very active members of it? Isn’t he? There is no 
question about that? (No answer by witness.) 

Mr. O’Connell. That is all. 

, Daniel J. Harkins. 

MORRIS MORSE, sworn: 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Morris Morse. 

Q. AVhere do you live ?—A. 14 Athelwold Street, Dorchester. 

Q. Your business?—A. Hotel. 

Q. What hotel are you connected with?—A. Hotel Avery and the Common¬ 
wealth. 

Q. Hotel Avery and the Commonwealth are both in this ward 5?—A. No; 
the Avery is on Washington Street. 

Q. That is the same ward. 

Q. You are connected with the Commonwealth Hotel, that is over on Bow- 
doin Street? A. Yes. 

Q. And the Avery hotel is on Washington Street, corner Avery?—A. Yes. 

Q. How long have you been connected with them?—A. Which one? 

Q. Either one of them ?—A. The Avery about four years; this is the fourth 
year. 

Q. And the Commonwealth how long?—A. Since July 1, 1918. 

Q. Whom did you succeed in the Commonwealth Hotel?—A. A man named 
Crafts, I don’t know his first name. 

Q. He was the owner prior to your time?—A. Y^es, sir. 

Q. And now in taking over the management of that hotel were any register 
books of those who lived there on April 1 left?—A. He took all the books. That 
is, he packed them up and I think he took them away since. 

Q. So you haven’t any books in your possession and never have had?—A. No 
sir. ’ ' 

CYRUS M. CAMPBELL, sworn : 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Cyrus M. Campbell. 

Q. And where do you live?—A. Now at 8 Bowdoin Street. 

Q. How long have you been living there?—A. Since last April. 

Q. What time in April?—A. The first. 

Q. Where did you live before that?—A. 39 Merrimac Street, the Meridmac 
House. 


TAGUE VS. FITZGERALD. 


339 


Q. hat is yoiir business ?—A. Hotel business. 

Q. What hotel do you run?—A. Hotel Central. 

Q. Where is that?—A. 21-23 Green Street, Boston. 

Q. How many rooms in that house?—A. Eightv-five, I believe. 

Q. Have you tbe register of April 1, 1918?—A.‘I have not. 

Q. Where is it?—A. I don’t know. - 

Q. W hat became of it? A. We bad not been in the habit of keeping regis¬ 
ters, except the one we were using at the time. 

Q. When did you destroy the one that would include April 1, 1918?—A. I 

don’t know. My head man, resident manager, of that house, could probablv tell 
you. 1 . 

Q. Who is he?—A. Mr. Whaley. 

Q. Did you give him any orders to destroy the books?—A. For years we have 
been in the habit of destroying all books except the one we were using. 

Q. As soon as a book is tilled up it is destroyed?—A. Not exactly just as soon, 
but within a year, 

Q. It is not a year since last April?—A. No. 

Q. When was it destroyed?—A. Sometime about the time the true name bill 
came up. 

Q. .Just before the hearing by the ballot law commission of the Tague-Fitz- 
gerald controversy?—A. I don’t remember when that was. 

(}. Have you got any cash book of April 1, 1918?—A. I could not say whether 
I have or not. 

Q. Have you any ledgers?—A. Yes. 

(}. Have you any records showing who was in that house on the 1st day of 
April last?—A. I don’t think we have. 

Q. How do you make up your income-tax returns unless you know that?— 
A. I keep a set of books of the income daily, but no names. 

Q. AVhere is that book?—A. At tbe Hotel Bowdoin, which I also own. 

Q. I think that is necessary for us to have?—A. It will show absolutely 
nothing except iigures. 

Q. What figures will it show as of April 1, 1918?—A. Receipts, cash receipts, 
and nothing else. 

Q. And will it show any disbursements?—A. Any expenses if there were any 
paid out that day. 

Q. Will it show there how the receipts are received?—A. No, sir; simply the 
cash. 

Q. Have you any register of the Hotel Bowdoin?—A. Of last April? 

Q. Yes?—A. No, sir; I bought it on April 1. 

Q. Then the register went with it, didn’t it?—A. Yes; but I- 

Q. What did you do with the register?—A. I can not tell you. 

Q. Hotel Bowdoin is on Bowdoin Street?—A. Corner of Bowdoin and Cam¬ 
bridge Streets. 

Q. Right around the corner, a very short distance from your other hotel?— 
A. Yes. 

Q. Can you give us some idea where that registry book is of April 1 for the 
Hotel Bowdoin?—A. I presume it has been destroyed, 

Q. Did you give orders to destroy it?—A. I did not. I looked for it yester¬ 
day and couldn’t find it, and I asked my son, and he said there was a lot of stuff 
there in the baggage room when I went there, and we destroyed it. 

Q. The registry book of that date certainly wasn’t in the baggage room?— 
A. It had been put in the baggage room since. My son would put it there. 

Q. Would :J^ou destroy things in the baggage room without keeping a record 
of them?—A, Certain do, because it is junk. 

Q. Have you any record showing the receipts of that date?—Q. Yes, sir; 
cash receipts only. It mentions no names or anything. 

Q. Are you married?—A. Yes. 

Q. Live with your wife and family?—A. Yes, 

Q. How many children?—A. I got two children. They don’t live with me, 
only one of them. 

Q. Where does your wife live?—A. Hotel Bowdoin. 

Q. With you?—A. Yes. 

Q. All the year round?—A. Yes. 

Q. Don’t live any other place?—A. We go to the beach in the summer occa¬ 
sionally. 

Q. What beach?—A. North Eastham, Cape Cod. 



340 


TAGUE VS. FITZGERALD. 


Q. Now, Mr. Campbell, will you tell us about these receipts? Were they 
simply lumped for that day?—A. Certainly. 

Q. And whether that lump sum is correct or not there is no way of ascer¬ 
taining?—A. It is absolutely correct, if my clerk is honest. 

Q. Well, that is where we come. There isn’t any way of ascertaining 
whether the receipts of April 1, 1918, are correct? No books with which it 
may be compared?—A. None whatever. 

_ Q. No way of checking it up?—A. No, sir; except from the little slip turned 
111 to me daily. On that slip is the amount of cash he took in that day and he 
signs It at the bottom. 

Q. But there is nothing to show from whom he got that cash‘d—A Nothinir 
whatever. . . - 

Mr. O’Connell. That is all. 

WILLIAM C. WHALEY sworn : 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. William C. Whaley. 

Greenestreet^^^' business?—A. House manager and clerk of Hotel Central, 21 

Q. And where are the records of the Central Hotel of April 1 1918 *?-A De¬ 
stroyed. ’ 

Q. Who destroyed them?—^A. I did, sir. 

Q. When?—A. Somewhere from six to eight months ago 
Q. Where did you destroy them?—A. Threw them in the ash barrel 
Q. lou threw them in the ash barrel?—A. Yes, sir. 

4.1 ^* 44 barrel that you threw them in?—A. Bight there on 
the hrst floor by the oflice. ^ ® 

th2n^^A^‘'*Yes‘^sif 

Q. Did anybody see you do it?—A. Not to my knowledge. 

Q. Why did you do it when there was nobody around?—A It was iust 
good a time as any to get rid of it. 

Q. A\as it in the day or night?—A. It was done during the day sir 
I hi\-e alwa’rsVone.?-A. No, sir; t'hkt is the way 

thSg'tlke'amL "So; «»«e- 

don’t Temember about what month It was.—A. I 

Q. About the time of this Tague-Fitzgerald conte.st last summer’—\ No sir- 
It was just alter that notice came out In the paper tliat we were obliged to’keen 
the^registers for a year. It was in regard to that new law. iZefihein Tor 

Q. When did you get a license under the new law?—A. IVhen did we get if? 

Q. l\hen did you get the true-name license of that year?-A Some^ydieri 
around the 1st of August, I should say, sir. ^omeynere 

Q. You had to get a certiflcate from the excise board*?—A Yes 
Q. And had to tile a statement under the true-name law?—A Yes 
Q. And that was some time in August of last year*?—A. Yes sir ’ 
tiine about that time you destroyed these books?—A.’Previous to that 

Q. How long?—A. I could not say; I don’t remember 

Q. No reason for your destroying it prior to that time?—A. No reason exceiu- 
to get it out of the way hanging around. ’ * 

Q. How many were hanging around at that time?—A. Perhans two or 

^ ^ ^ reasonable length of time. 

}. oil have to keep them under the true-name law for a year*?—4 Yes sir* 
for a year. .y'^a± . xet,, , 

Q. You know they have been trying to do away with that true-name law*?-^ 

A. I know it only from the newspapers. 

Q. And the fight to change that law was led by Representative John I Fify 

pTtzgerk?d I thought it was Mr John p! 

o' ®'®<^te(l to Congress?—A. Tlnat is my interpretation of it 

t™e-name law botliers a great many hotels, doesn’t it’—^ No 
(Mr. Callahan’s objection noted.) - . 



TAGUE VS. FITZGERALD. 


341 


Q. Do you vote in ward 5?—A. Yes, sir. 

sentative^—V'^T sitting here, is your Repre- 

sentatne. A. I don t know the gentleman at all, only by sight. 

I didn’t LowTt was John.''^’ ^ ''“O"' to be Fitzgerald, but 

and's-iilors" don’t‘®voi’,” toj’/be purpose of protecting the soldiers 

that tte Idea? * *«■' their protection, to shut them out. Is 

M^sacinisens change it there were only seven votes cast in the 

frtfd^ni' n f ‘t'“t in the paper, didn’t you?-A. No, s/r ; 

^ ^ ^ know one least thing about it. 

frniii paper that there were 7 votes cast and that 3 were 

waft Tote O..fo' friends?—A. No, sir; I don’t know whether there 

^^as 1 \ote or 20 votes cast. 

Mr. O’Connell. For your information it was about 200 to 7. 


Cross-examination by Mr. Callahan : 

Q. M here do you live?—A. At that same address. 

Q. Have you a family ?—A. I have ; yes. 

Q. MLere is your wife?—A. She is dead. 

your family?—A. I have a daughter and a son. 
Q. \Vhere do they live?—A. There. 

Q. M'here do you mean?—A. No. 21 Green Street, city. 

Q. How old are they?—A. The boy is 28 and the girl is 18 
Q. The son is married, I presume?—A. No, sir 
Q. Daughter either?—A. No, sir. 

Mr. Callahan. That is all. 


IVILLIAM J. MURPHY, sworn: 

Direct examination by Mr. O’Connell: 

Q. IVhat is your full name?—A. William .1. Murphy. 

Q* M hat is your business?—A. Liquor business. 

Q. Where?—A. No. 559 Columbus Avenue. 

Q. You are registered from the Quincy Plouse?—A. Yes, sir. 

Q. Anj 1 elation of Air. AIcCarthy’s or the others who have testified*^— 
A. No, sir. 

Q. Your liquor liusiness is where?—A. No. .559 Columbus Avenue. 

Q. You are how old. Air. Alurphy?—A. Forty-six years old. 

Q. Your sister lives in Waverly?—A. Yes, sir. 

Q. That is a city outside of Boston?—A. Yes, sir. 

Q. And you spend a great deal of time at your sister’s house?—A. More or 
less. 

Q. You are not married?—A. Unmarried. 

Q. AVhat is your sister’s address in Waverly?—A. No. 15 Chandler Street. 
That is the number if any number has been given to it. It wasn’t numbered 
until recently. 

Q. You know that if you gave an address as living in Waverly you would 
not be able to get a license in Boston?—A. I presume so. I don’t think I know 
the law very definitely on that. 

Q. You gave the Quincy House, Boston, as your address on the liquor 
license?—A. Yes; I did. 

Q. And you vote from the Quincy House, in Boston?—A. I do. 

Q. AVhat is your sister’s name?—A. Airs. AATlliam H. Alurray. 

Q. AA'ere you at AA^averly last night?—A. No, sir. 

Q. Been out there this week?—A. I have not been out there for several weeks. 

Q. You are registered from the Quincy House the 1st of last April?—A. I 
was. And also for several years. 

Q. AVhat room do you occupy?—A. I can not say for sure, but I kind of think 
it was 52. 

Q. Do you know when that room was given to you?—A. I may have had it 
for possibly a week or two weeks prior to April 1. 

Q. On and after April 1 how long did you have it?—A. Possibly a week or 
two weeks afterwards. 

Q. AATien were you there before that?—A. I didn’t keep track of the dates, 
but I am there more or less, and have been there more or less, since AIcCarthy 


342 


TAGUE VS. FITZGERALD. 


Bros, took possession of the hotel. I lived there permanently at the time they 
took possession until, I think, about 18 months afterwards. 

Q. And then where did you go?—A. No. 148 Chandler Street, Boston. 

Q. And who is the proprietor of 148 Chandler Street?—A. Mr. Shaelfer. 

Q. How long have you lived with him?—A. Off and on, possibly 12 years. I 
keep a room there for convenience of my business, which is four or five blocks 
away. 

Q. That is in another congressional district from where the Quincy House 
is?—A. Yes. 

Q. Do you keep a room there permanently?—A. Yes, sir. 

Mr. O’Connell. That is all, Mr. Murphy. 

William J. Murphy. 

HENRY F. LONG, sworn: 

Direct examination by Mr. O’Connell: 

Q. Your full name?—A. Henry F. Long. 

Q. You are secretary to the governor?—A. Yes, sir. 

Q. And last year you were secretary to Gov. McCall?—A. Yes, sir. 

Q. Gov. McCall received a complaint from Mr. Tague requesting that super¬ 
visors be named for the conduct of the State election in wards 5 and 6?— 
A. Perhaps that ought to be restated a little. He had a petition by citizens in 
wards 5 and 6 asking for the appointment of supervisors. 

Q. And they were submitted by Mr. Tague?—A. No; they were submitted by 
Mr. Kane. 

Q. Who is secretary to Mr. Tague?—A. He simply presented a petition of 
these citizens of these two wards. 

Q. That called for the appointment of additional supervisors to look at the 
election?—A. The act says that the governor shall do it upon petition of these 
citizens at least 21-days before election, and the 21 days were complied with, 
and the petitioners were all residents of the two wards; and so the governor 
had nothing to do except go ahead with it in accordance with the provisions of 
the statutes. 

Q. From whom did you get the names of those you appointed in ward 5? 

(Objection to the question by Mr. Callahan.) 

Notary Berman. If you don’t understand the questions you may say so. 

A. If I may answer it my own way? 

Q. Surely.—A. At the instigation of the governor I got from the chairman of 
the Republican and Democratic ward committees of these two wards a list of 
names to be submitted, and I also, at the governor’s suggestion, verified them at 
city hall as to their enrollment as being Republicans and Democrats, and both 
these lists were obtained from the chairman. The governor’s idea was that that 
was the best way to get at it, because he didn’t have time to go through the 
wards and pick out the Republicans and Democrats we thought could serve. 

Q. You asked Mr. Tague for a list ?—A. I told him he might submit a list 
which would have our consideration 

Q. Did you ask a list from Mr. Fitzgerald?—A. Asked the Democratic com¬ 
mittee of ward 5. 

Q. He was the man who furnished it?—A. Yes. 

Q. He was then a senator?—A. Yes, sir. 

Q. And a member of the Hendricks Club?—A. I don’t know about that. 

Q. He brought you a list from ward 5?—A. Yes, sir. 

Q. And it was the list he brought you that was appointed?—A. Yes, sir. 

Q. When that list was announced Congressman Tague protested, did he not?— 
A. Yes. 

Q. And waited on the governor with Mr. Goodwin, his attorney?—A. Yes, sir. 

Q. And called your attention to the fact that the men named by Senator Fitz¬ 
gerald were of the same organization and affiliated with the same men who were 
in charge of the primaries?—A. I might state it a little differently from that. 

Q. At that time there had been called to the attention of the public at the 

hearings the fact that many names of soldiers and sailors had been voted on?_ 

A. I am afraid that didn’t enter into consideration very much. The governor 
knew all these things were taking place from the newspapers and the protesta¬ 
tions of Congressman Tague, but he had nothing to do but go on the fact that 
these gentlemen were Democrats and Republicans. We put Democrats and Re¬ 
publicans both in from the two wards. 


TAGUE VS. FITZGERALD. 


343 


Q. When Mr. Tague and Mr. Goodwin called upon you and called attention to 
the fact that the names yon appointed in ward 5 were all friends of Mr. Lomas¬ 
ney, was there any change made in the list?—A. No, sir. 

Q. At that time it had not been confirmed, had it?—A. Not confirmed by coun¬ 
cil ; no, sir. 

Q. And those names could have been withdrawn and other names substituted 
at that time?—A. If there had been anything the matter with the gentlemen in 
the opinion of the governor. 

Q. But no action was taken on the fact that the governor’s attention was called 
fo the fact that these men were Lomasney men whom he was appointing?—A. 
'^Phe governor didn’t think that was a phase of the situation he needed to go into. 

Q. But no action was taken?—A. No, sir. 

Cross-examination by Mr. Callahan : 

Q. Mr. Tague submitted to you all the names in ward 6, didn’t he?—A. As to 
Democrats, yes. 

Q. And in ward 6 all the Democrats that were appointed were submitted to 
you by Mr. Tague?—A. I think we did. I am not quite clear on that. In ward 
6—I think that is right—we appointed Mr. Tague’s list entirely. 

Q. Do you remember, Mr. Long, that in the list submitted by Mr. Tague in 
ward 6, there was a man by the name of Shea?—A. Yes. 

Q. And he was rejected?—A. Yes. 

Q. And do you remember that he was rejected because he had been in the 
psychopathic hospital?—A. I remembered him also because we had some little 
trouble with him at the statehouse. I happened to know him, and I remembered 
his name as I went through them the second time. 

Redirect examination by Mr. O’Connell: 

Q. Isn’t this the fact that in appointing these supervisors or inspectors you 
gave ward 6 to Mr. Tague’s names and ward 5 to Mr. Lomasney’s names?—A. If 
you want to put it that way. I would rather say we appointed the lists suggested 
by the chairmen of the two ward committees. The Democratic chairman of ward 
0 and the Democratic chairman of ward 5. 

Q. Surely the Democratic chairman of ward 6 didn’t submit any Tague names 
to you ?—^A. I think he did ; submit them through Mr. Tague. 

Mr. O’Connell. Mr. Callahan says at this time that ward 6 committee didn’t 
submit any names at that time, but were willing Mr. Tague should name all 
the supervisors in ward 6, he having been a member of the committee. 

Q. Mr. John I. Fitzgerald was the man who submitted the list objected to by 
Mr. Tague for ward 5?—A. Yes, sir. 

Mr. O’Connell. That is all. 

Henry F. Long. 


GEORGE W. HILL, sworn. 

Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. George W. Hill. 

Q. And where do you live?—A. 39 Cambridge Street. 

Q. You are the proprietor of the Darby House or Derby Hoiise?—A. Yes, sir. 
Q. Have you the records of those who were there the 1st of April?—A. les, 
sir. 

Q. Have you got it here?—A. Yes, sir; I got them all here. 

Q. Bring it in, please. 

(Witness produces an envelope containing several slips of paper.) 

Q. You have produced what here?—A. Each man in my house is a voter, and 
I make out these slips, and I leave it in the room. I have each one of them 
make out the slips and bring it to me and then when they come around for the 
voters’ names thev sit down and read over that and copy off from that. There 
are men in my house last April, 1918, that were voters and 4 or 5 of them have 

been summoned here now. ^ 

Q. Who made out these lists for you?—A. I made these out myself, out each 

man made out his own list. i. • 4 . 

Q Where did you get the form?—A. I made it up myself. That is to save 
rime and help the officers when they come to get the names and get them right. 
It tells what they do ; where they were last year ; where they are this year; what 
their business is; and how old they are. 

Q. What number Cambridge Street are you?—A. 39. 


344 


TAGUE VS. FITZGERAJJ). 


Q. How many were in your house on that night?—A, You cun count them up. 

(Mr. O’Connell counts the cards and says there are 43.) 

Q. Do you know when Harold R. West made out that card?—A. On the 1st 
day of April. 

Q. Was he there?—A. In that room. I left one in each room to he filled out 
and returned to me. 

Q. And then it was sent hack to the office?—A. Yes, sir; and I filed it away 
and kept it for the officers when they take the names and also used them for 
the diiectory. So as to make sure of it, I make them tell what their occupation 
is and the slip calls for their age, and I made them put that on. 

Q. How many of these men live there during the year?—A. How many of 
them ? 

Q. Yes.—A. Do .von mean the whole year round? 

Q. Yes.—A. I could tell you by looking the names over, 

Q. Well, ho\v many of them, in your judgment?—A. I could tell all of them 
by- 


Q. Give us your best judgment. How long have you been there?—A. 35 years 

Q. And you are there all the time?—A. I live right there. 

Q. Give us your best knowledge and judgment of how many of these men who 
weie theie on the 1st of April were there during the year?—A. They were away, 
back and forth. In a rooming house they go away and come back again, but 
these people were there on the 1st day of April and they filled them out accord¬ 
ing to what they asked for. They don’t live there the vear round, they might 
live there for three or four months, or one month. 

Q. And it might have been for a day?—A. They were there longer than fhat. 

Q. How many of them were there on the 31st of March last year*?—A All of 
them there. 

Q. You want to tell me that all those men were there on the 31st of March’— 
A. Of what year? 

Q. Of last year? 

Mr. Callahan. He means in 1918. 

A. These are 1918. 

Q. In other words all those you put in here were there, is that it?—A. Y^es. 

Q. Then there is no need of going over them. Have you got a register showing 
when any of those men registered in your hotel?—A. I never had a reo’ister 
The only register I had was my ledger. 

Q. Where is that?—A. At home. 

Q. What home?—A. The drawer you pull out has a lot of slips on it with 
nuinbei s and that is the number of the room. That keeps the names of the 
different people in the house. 

Q. Well, that is what I want. Why can’t you bring me that? I don’t want 
lists made out this way.—A. Many names there have been changed 

Q. Who changed them?—A. Some.of them have left the house. 

Q. In other words, you have no re*gister?—A. No, sir. 

Q. It is justji slip of paper with the man’s name on it?—A. Yes. 

Q. And after that man leaves the room that slip is torn up?—A. Yes* and 
when a man takes his place in the room another slip is put in. 

Q. Any men that you have presented here to-day living at your hotel * and 

if so, how many of them? Name any of the men that are" there now_A 

The men summoned here? 

^ Q. No. I am asking you how many of the names on that list a year ago are 
living at your house now?—A. (Witness goes through the slips and indicates 
names of men.) 

Q Three men, Anderson, Wildgrest, Bowers?—A. He is awav on vacation 
[indicating], hut will be home in time. 

Q. Time to vote?—A. I don’t know. Strouse is there. Tobey is there This 
man [indicating] is at the front. This man [indicating] is here Thomas 
Corcoran is here. 

(Witness goes through the cards and picks out those who are in the house 
now.) li'juoc 


Q. In other words, the following men are living in your house 
about this fellow here [indicating] ?—A. He is in the house. 

Q. And should be here if they are summoned?—A. Sure. 

Q. Any others?—A. Herbert A. Munroe, Charles H. Keeshin. 

Q. How many that are living at your house are summoned that 
of?—A. All of them. 


now—what 


you know 



TAGUE VS. FITZGERALD. 


345 


n axm'' them. I say?—A. Five; including!; myself. 

Patrick P “n names.—A. Henry Burke, Patrick Kane, 

O Corcoran; those four and myself make five. 

l>e i plTee'^bSS,."^ He ain’t'in Ins'roo.n ; 

n Ws p'ace of Inisiness?—A. Right down the street. 

Q. v\ hat IS his business?—A. Liquor business. 

n lousiness; and does he keep a room with vou?—A. Yes 

Q. He lives in Cambridge, doesn’t he?—A. Yes. 

Q. And don’t you know he is home sick in bed?—A Xo 
otfiL '''''' liim?—A. I talked with him yesterday in his 

he^ia^^renm-tod IS not?—A. I don’t know what 

ne nas lepoited, but he was in his office yesterday and I was talking with him 

over thiT >^our place? Go 

pavs for^t amf V room—occupies a room and 

ymu- hoLe?-! Not all'me Hme. ' 

Q. Do these other men live there all the time?—A. A'es. 

ine^' I‘’won’t''’Jlf f"*' names? Don’t try to misunderstand 

me. 1 want to find out from you the names of the men you have got living 

Peridns *“ tt“™ to yon- Char/eJ h" 

last^'inrif TrinnfM^ i^^oved dowii to Revere, but he was there 

last Apiil. I dont know wdiether he voted last year or not 
Q. Who?—A. Perkins. 

This man [indicating] is on a 

^acatlon, but he is coming back again. 

Q. I am asking you about the men who are there now\—A. He is in Florida 
there. Cyrus K. Cunningham roomed there 27 years 
Q. What is his business?-A. Conductor of Boston & Maine Railroad. 

Q. Where is his home?—A. Right wdtli me, at the Darby. Thomas Fred 

gone ■'’Tohrf°H®\r]^^rT’‘®''’ °’'^onnell is gone; Charles Henry McGowan is 
gone, .John H. IMcGlone is awmy; Charles Coleman isn’t there • George F 

Coleman isn t there. He is dowm to the beach. Archie McEachern is gone • 
James O Brien is gone, hut he wms there the 1st of April. 

Q. What about these others; aren’t they at your house?—A. They are all 
at my house. tiu 

Q. The same as Air. Fallon?—A. Not stay there night and day 

Q. How does Air. Fallon pay for his room?—A. By the w^eek 

Q. Do you keep a record of wdiat he pays?—A. Three dollars a week. 

^ Q. lor a room at your house and his owm home is in Cambridge? A. Yes, 

Q. And his family lives in Cambridge?—A. I presume so. 

Q. Have you ever .seen his wife at your house?—A. I never did, nor any¬ 
body else, because he hasn’t any. ^ 

Q. He is not married?—A. No, sir. 

Q. His home is in Cambridge?—A. Yes. 

Q. And he lives in Cambridge with his family?—A. I don’t know. 

Q. Hasn’t he told you?—A. No. 

Q. He keeps that room in your house in order to protect his liquor license 
1 presume?—A. In the mornings when he opens up he has to room there and 
he has had a room in my house until he w^ent to Charlestown and then he 

gave up there, and his partner- 

Q. W"ho is his partner?—A. Air. AA^elch. 

Q. He gave up the room at your house?—A. He w^ent over there to live and 
he staged at my house, because he and his partner took turns opening in the 

morning. This Air. Connors- 

Q. He is a bartender?—A. Yes. 

Q. W^here does he live?—A. In Caoibridge. 

Q. How’^ long has he been there with you?— A. Two or three years \s soon 
as AVelch w^ent he came into his place. ’ 

Q. The police give you regular form.s?—A. Yes. 

Q. To fill out? Is this the form that was made out for you over in the Hen¬ 
dricks Club and brought over there to you?—A. No, sir; I never was there and I 
don’t think I would go there. ’ 




346 


TAGUE VS. FITZGERALD. 


Q. Have you got a typewriter at your house?—A. No, sir. • 

Q. Where was this typewritten?—A, I got a stenographer, I think, m a 

building on Washington Street, upstairs. i 

Q. Whereabouts?—A. I couldn’t tell you. I got them fixed up. Got l^r to 
draw them up for me, and another time I had a girl in the Crawford House 

draw them up for me. . 

Q. You know the name of every man in your house, don t you/—A. les, sir. 
Q. And you are positive you gave the name of every man on the 1st or 
April?—A. Yes; and they made these out themselves. 

Q. And you have got the name of everybody that was there? A. Yes. 

Q. Didn’t slip on anybody?—A. No, sir. 

Q. Tell me, then, how it was that Samuel A. Thomas got on the supple¬ 
mentary list? 

(Objection by Mr. Callahan.) 

A. This man vou are tnIking about is sitting out there on a settee, and he has 
lived with me there tor 10 or 12 years, and he is there now and keeps a room 


there. 

Q. Now, Mr. Hill, your son lives with you?—A. No, sir. 

Q. Herbert Hill?—A. He is my brother. 

Q. And he is there?—A. Yes. 

Q. Is he here to-day?—A. No, sir. 

Q,. Where is he?—A. At work in his store. He had no summons to come 
here. 

Q. I don’t say he had. Is he a married man?—A. Yes. 

Q. IVhere does he live?—A. With me. 

Q. His wife lives there with him?—A. Yes, sir. 

Q. His family?—A. No, sir; his family is all away. 

Q. What do you do with the regular lists and forms provided by the police 
officers when they come to your house?—A. They come in and leave them in 
the office, but to save time and to save me trouble and them trouble I had them 
drawn up and left in each room. Each man made out his slip and brought it 
back to me, and when they come in they take the table in my room and one 
man calls the names, their age, their business, and this other man writes it 
down and copies it from these slips, and I get it perfectly right. When they 
get through they all say to me, “ If we had arrangements like that in all 
places-” 

Q. But I am trying to find out from you why you don’t use the regular forms 
provided by the city of Boston and furnished to you by the police oflicers. 
Have you any objection to using the form?—^A. No, sir; only I thought this 
would be more convenient. 

Q. There is nothing on these that show when any one of these slips were 
made out, is there?—A. Made them out when these people were in that room 
on April 1 last year and this year. 

Q. And you can use these slips from year to year?—A. When those fellows 
go away I don’t put them in. I make out a new slip for each year. I don’t 
use these old slips. 

Q. You could use them by simply changing the names and the 6 to a 7?— 
A. I could do that. 

Q. You did do it in this case, didn’t you [showing slip to witness]? This is 
the slip of 1016 changed to 1917?—^A. No, sir. 

Q. What is it?—A. Residence April 1, 1917, was in Worcester [witness read¬ 
ing from slip] ; residence April 1, 1918, 39 Cambridge Street. 

Q. Here is another one changed from a 6 to a 7 [showing slip to witness].— 
A. Daniel T. Bickford; he is here now. 

Q. Here is another one changed [showing slip to witness].—A. Arthur D. 
George; yes; I used that the year before. 

Q. That 7 is different from the 8 and made by a different hand?—A. I don’t 
know anything about that. 

Q., That 7 is made by a different hand from the rest of the page?—A. Yes. 

Q. Did you do it? In other words, you are making out some of these slips, 
aren’t you, instead of the men? Have you changed that number stating where 
that man lived on the 1st of April?—A. Yes, sir. 

Q. It was originally written up here 1916 [indicating]?—A. Not there; no, 
sir. I had that done and filled them in, and they did that [indicating]. 

Q. Which did they do?—A. That and that and that [indicating]. 

Q. In other words, these men only filled in their names; their residence as 
of April 1; their age and their occupation; that is true, isn’t it?—A. Yes, sir. 



TAGUE VS. FITZGERALD. 


347 


you filled out? You were the one that filled in where they 

in^A If thiv^ one who filled that 

A w ^'eieii t there, I would not have filled them out. 

theii on^he'^ls^^^f^frl^Tfr^^^ dW it? The men didn’t write that they lived 
In, aren’t^you?—Yes, sil’*^ ‘‘ 

Q. That is written in there by you, isn’t it [indicating]?—A. What'i' 

. referring to this I am pointing to, “ residence April 1, 1918 ” ’— 

they are there now 
Q. Ion wpte that in?—A. For them to fill out. 

a’ to their place of residence, you wrote that?—A. Yes, sir. 

didnh Wrote in yourself, 

vnlori iliied it out because these men were there and honestly 

for U honestly so. There was no trick in it; there was no occasion 

Q. You could have filled in all the rest of it the same way?—A. If it was proper 

to 0.0 so, 

just as proper to do so as to fill out the rest of it?—A. By putting 
their addresses as living at your place the year before they would be carried on 
crooked ng ^ ^^t ^'uthout anything further to be done?—A. If I wanted to be 

No^' ^ talking about anything crooked; you knew that to be a fact?—A. 

Q. Don’t you know that if anyone is carried from year to year there is no need 
M registering again? Don’t you know that? Can you answer my question? 
Don t you know that if a name is carried from year to year there is "no need for 
him to go to the city hall to be registered ?—A. What do they come and get them 
lor then. I didn’t know that men had to go and get registered. 

Q. Why do you carry their place of residence the year before if not for that 
purpose? 

(Interruption by Mr. Callahan.) 


Cross-examination by Mr. Callahan : 

Q. There are over 40 of these [referring to slips produced by witness]?—A. I 
think he [Mr. O’Connell] made it 43. 

Q. And all the men are voters on that list? You don’t know whether these 
men go register or not, do you?—A. No. 

Q. You simply hand these in?—A. I hand them in. They bring those slips 
in and I hand them to the police officers to read over. 

Q. As a matter of fact, the police don’t give you any slips to fill out?—A. No. 

Q. The lists are given either by the Democratic or Republican committees as 
a convenience for people; that is true, isn’t it?—A. Once I found two or three 
on my desk and it said, “ Please have it ready when the policeman calls for it.” 

Q. Are you a Democrat or a Republican?—A. I am a Republican, clean 
through. 

Q. And have always voted the Republican ticket?—A. Since 1869. 

Q. And have no affiliations with Democrats?—A. Not a bit of it, and wouldn’t 
have. 

Q. You wouldn’t?—A. You bet I wouldn’t. 


Questions by Air. O’Connell ; 

Q. Air. Hill, this is the truth, isn’t it, that the paper that is submitted to you 
by the police, the blank form on which the names are to be written has a penalty 
written and printed on it that for any false information given on that particular 
form that the party giving it is to be punished; that is true, isn’t it?—A. Yes. 

Q. And is it so that those men won’t see that penalty and so they won’t be 
guilty of it so far as they know, that you have printed this private form?—A. 
No; not for that. I never gave it a thought. 

Q. These rooms that are rented by the week, are they rented by others during 
the absence of these parties?—A. If I have a room empty I let it. 

Q. Don’t you keep a register to-day?—A. I do not. I have a small one now. 

Q. You have got a register?—A. I don’t keep any transients and I don’t want 
them. 

Q. Have you a register to-day?—A. I have. 

Q. And how long have you had it?—A.. A couple of months. 

Q. When did you get it?—A. A couple of months ago. 

Q. Didn’t you get it last August at the time of the true-name bill?—A. No. 



348 


TAGUE VS. FITZGEKALD. 


Q. Have yon been running your lodging house down there up to a couple of 
months ago and not complying with the true-name law?—A. When I let a roon) 
I put it down on my check book. • 

Q. Don t you understand my question? Have you been running that place 
down there since hist August without a register?—A. Yes. 

Q. A\ ithout keeping the names of the roomers?—A. I have the names of the 
roomers. 

Q. Have you got a register that keeps those names?—A. I have now, but 
not until within a couple of months. 

Questions by Mr. Callahan : 

Q. You say you don’t care for transients? It is a regular family hotel’— 
A. Yes. 

Mr. O’Connell. Got any families down there? 

A. No; roomers. 

Q. Have any women living in the house?—A. I have, two. 

Q. Who are they?—A. My brother’s wife and Mr. Strouse’s wife. 

JEAN CAMPBELL sworn: 

Questions by Mr. O’Connell : 

Q. What is your name?—A. Jean Campbell. 

Q. Where do you live?—A. 22 Kingsdale Street, Dorchester. 

Q. How long have you lived there?—A. Two years. 

Q. Before that, where did you live?—A. I do nursing, and live in different 
places. 

Q. For instance?—A. Somerville. 

Q. Did you ever live at 30 Hawkins Street?—A. Never. 

Q. Did you ever know of your brother living at 30 Hawkins Street?—A. No * 
I never had a brother living there. 

Q. You have a brother, William C. Campbell?—A. Yes. 

Q. And has he lived with you at any time?—A. For a short time two 
years ago. 

Q. And where was that?—A. 22 Kingsdale Street, Dorchester. 

Q. He is a married man, is he?—A. Yes. 

Q. Any children?—A. No children. 

Q. What is his business?—A. He is in the automobile business. 

Q. Where is his place of business?—A. Nova Scotia. 

Q. How long since he has gone to Nova Scotia?—A. He went, I think, the 
latter part of April or first of May. 

Q. And has he been back since?—A. No; not since. 

Q. Will you tell me how old your brother is?—A. Fifty-two years old. 

Q. Can you describe his build?—A. I don’t know just what his height is. 

Q. Taller than you?—A. Taller, and weights about 180. 

Q. About 180?—A. 170 or 180. 

Q. Black or fair?—A. Medium. 

Q. You never lived at 30 Hawkins Street?—A. Never. 

Q. Neither has your brother?—A. Not to my knowledge. 

Q. Did you ever know of his voting from 30 Hawkins Street?—A. Not to my 
knowledge. 

Q. The 1st of last April he was living with you on Kingsdale Street Dor¬ 
chester ?—A. Yes. 

Q. Did you give his name to the police at that time?—A. I have since. 

Q. Do you know when you gave it to them?—A. No; I don’t remember. 

Q. Was it about that time?—A. I don’t remember when. 

Q. At the time the policeman came around to get names for the voting list, 
did you give his name at that time?—A. I don’t think I did at that time. I 
think I did later on. 

Q. That would be around the first week of April?—A. I don’t remember that 
I did at that time. 

Q. Do you think you did later on?—A. I wouldn’t later on, because he was 
not living there after that. 

Q. I thought I understood you to say you did give it?—A. Not since he went 
home. 

Cross-examination; 

Q. Now, will you give us the height of your brother, please?—A. I don’t 
know exactly what his height is. 


tague vs. Fitzgerald. 


349 

or 11, I should ^ 31?—A. Would be about that—5 feet JO 


Jean M. Campbell. 


Afternoon Session, l> p ]m 

Mr. Berman. The hearing m-111 now he re..ume,l. 


GEOUGE W. hill, recalled: 
r. b.v Mr. O’Conneli. : 

A. Yes.'' "'«s on the stand .vesterdaj- noontime?- 

^"'m" '(TG a''T' he.v ai-e"right”here*'’°"’® J'"" 

Mr': cf”: 5.;™‘’a,': 

-^4^..ers cotded 

Q.- And'the.v 

r.,,wn Phatward.” ™‘®- "’h®>-e (lo you vote?.-.A. 

Q. Ward 5, precinct 8; is it?—A. Yes 
Q. You live in Cambridjje?—A. No, sir 

O UUin 11 Everett Street, Cambridge, i *^-1 Yes sir 

Q. A\bo li\es there?—A. My daughter, Mrs. Woollard 

IsnT l”dlc?n4''& H' Street, 

Tljertc«otelepho.V:'tU'<l»';i^t^?^n " >'-'® 

a- Wh'It''lCr‘;tJ;;.,‘';4'l!i:^lJ^^S ■“ Yes, Sir. 

Mr. Berman. Cambridge? 

The Witness. Yes, sir. 

duuglder"li™l^"‘ Ves. Eleven Everett Street m.v 

ev?r.v'snnda"v to tll’lf.mr.’'""’ «ver tl.ere 

Q. You own the house?—A. No. 

H' does?—A. I pay my check to George L. True 

n 2 ^ ’ 1 io my life. 

Q. He IS the landlord?—A. Yes; he owns it. 

Q. So you pay each month?—A. I pay each month for that flat 
Q. Been out at that house three and a half years?—A. About that I guess 
Q. lou occupy a suite on the third floor?—A. The second floor’ TiXn* t 
had two daughters, and had two suites ; they were both married_^ ’ 

out weeks ago, passed aivay; so they took that flat 

didri’/ lived on the third floor?—A. They did. I 

Q. You stayed on the third floor?-A. I never slept in the house in mv life 
Q. They are married?—A. Yes. 

Q Before living there, you lived on Massachusetts Avenue, in Cambrido-e’_ 

A. les; I lived at the Cantabrigia, I think they call it. 

Q How long (11(1 you live there?—A. A year or so. Lived at the Majestic- 
Ined on Linnaean Street, and Avon Street, and on Everett Street they did- 
my daughters. ’ ’ 

Q. Did .you pay the rent at all these places?—A. Every dollar paid; I pay 
Q. I see. Do you know True’s address?—A. I never saw the man in mv life 
I pay right by check. 

Q. He owns 11 Everett Street, Cambridge?—A. Yes. 

Mr. O’Connell. That’s all. 

Mr. Callahan. Now, Mr. Hill— 

Mr. O’Connell. I now offer the^e [indicating papers brought by Mr. Hill}. 


350 


TAGUE VS. FITZGEKALD. 


Cross-examination by Mr. Callahan : 

Q. Those are records you have for your own convenience, are they?—A. Yes, 
sir. 

Q. And you desire to keep them in your possession?—A. Yes, I have. 

Q. You, sir, desire to keep them in your possession?—A. I don’t want them. 

Q. Don’t you care about them?—A. No; burn them up, if you want to. 

Mr. O’Connell. I offer these [indicating papers] : List of voters from Mr. 
Hill’s hotel marked “ Exhibit 57.” 

Q. Do you want to give us the envelope, too, Mr. Hill?—A. Why, yes; I want 
to get rid of that. The reason I have them it is a convenience to the officers 
when they come to get the names. 

Q. You had them all right?—A. Yes. 

Q. Now, Mr. Hill, I understand you maintain this home in Cambridge- A 

Yes. 

Q. For your daughter?—A. Yes. 

Q. And you pay the bills for her?—A. I do. 

Q. You never slept in that house yourself?—A. Never. 

Q. And in the different places she has lived in Cambridge you never sleil 
there?—A. No, sir. 

Q. Always slept and lived at the-A. Derby House. 

Q. You own that?—A. What? 

Q. The Derby?—A. No; I lease it. 

Q. And that’s your business?—A. My business for a good many years. 

Q. I think I asked you yesterday, but I will ask you again, you say you are 
a Republican?—A. Yes. sir. 

Q. You don’t vote in the Democratic primary?—A. Not much. 

Q. Did you ever?—A. Never. 

Q. And you didn’t vote in the Democratic primary last fall?—A. I never 
voted in my life. 

Q. Never voted the Democratic ticket?—A. No, sir. 

Q. You wouldn’t do it?—A. No,’sir. 

Mr. Callahan. That’s all. 

Mr. O’Connell. That’s all. ' 

Commonwealth of Massachusetts, 

Suffolk, ss.: 

I. stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F. 
Tague v. John F. Fitzgerald having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

Dora H. Barnes. 

Boston, Mass., May 5, 1919. 

Personally appeared above Dora H. Barnes and made oath that statement 
signed was true to the best of her knowledge and belief. 

• Abraham C. Berman. 

Commonwealth of Massachusetts, 

Siiffolk, ss.: 

I hereby certify that the foregoing in this volume, containing about 46 pages, 
together with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter F. 
Tague v. John F. Fitzgerald beginning February 19, 1919; exhibits herein re¬ 
ferred to are marked as described and made part of this record. 

Abraham C. Berman, Notary Public. 

Boston, Mass., May 5, 1919. 

Afternoon session at 421 Federal Building. 

Deposition of HENRY A. BURKE: 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Henry A. Burke. 

Q. And your residence?—A. No. 39 Cambridge Street. 

Q. What is the name of that place?—A. The Derby House. 

Q. Are you married?—A. No, sir. 




TAGUE VS. FITZGEKALD. 


351 


Q. V her© do you work?—A. Nuvy yard. 

Q. And where do your folks live?—A. Cambridge. 

Q. Wkat part of Cambridge?—A. East Cambridge. 

Q. ;\\bat street?—A. No. 121 Tborndike Street. 

Q. lour father lives there?—A. Yes, sir. 

Q. Your mother lives there?—A. No,’ sir.* 

Q. The rest of the family?—A. No, sir. 

Q. Your sisters?—A. No sisters. 

^ your father live there alone?—A. No; he is married again. 

And you have spent some time with your father in the house?—A. I have 
not seen him in two years. 

Q. Haven’t you been in the house?—A. No. 

Q. Where else do you live besides the Derby House?—A. That is the only 
house I can afford to live. 

Q. Mhere else do you live? Do you stay there every night?—A. Yes seven 
nights a week. ’ 

Q. You did not stop at any other place during the last two years?—A. No* 
unless I was down to the beach. " ’ 

Q. That would be in the summer time?—A. Yes. 

1 - 1 ^’ long would you stay at the beach?—A. Overnight, or something 

like that. ^ 

Q. Do I understand you to say you lived at the Derby House? How long 
have you liver there?—A. Since I first went there. 

Q. How long is that?—A. About a year and a half. 

Q. When did you first go there?—A. About a year ago last September. 

Q. You pay your bill by the week?—A. Yes, sir. 

Q. How much a week do you pay?—A. Pour dollars. 

Mr. O’Connell. That is all. 

Mr. Callahan. No questions. 

Deposition of DANIEL CONNORS : 

Direct examination by Mr. O’Connell: 

Q. What is your name?—A. Daniel Connors. 

Q. Where do you vote from?—A. Ward 5, Derby House. 

Q. What precinct?—A. Precinct 8. 

Q. How many years have you been voting from the Derby House?—A. Three 
years. 

Q. And before that, where did you vote from?—A. I voted in Watertown 
before that. 

Q. You are in the liquor business?—A. Yes. 

Q. Where is your place of business?—A. Nos. 31 and 33 Cambridge Street. 

Q. That is under the Derby House?—A. Yes. 

Q. And you take a room in the Derby House in order to be convenient for 
opening up some mornings?—A. Yes. 

Q. You don’t stay there through the year?—A. Most of the time. 

Q. Your home, where your belongings are, is in Watertown?—A. No. 

Q. Where else do you go?—A. I go to my sister’s. 

Q. Where is that?—A. In Watertown. 

Q. And you have lived in Watertown a great many years?—A. Probably 10. 
Q. Watertown is a no-license town?—A. Yes. 

Q. And, of course, being in the liquor business, you are interested in having 
Boston go license?—A. Yes, sir. 

Q. Are you on the license?—A. No; I am not. I am just a bartender. 

Q. And you are interested in having Boston go license?—A. Oh, yes. 

Q. And that is one of the reasons why you stop at the Derby House?—A. Yes. 
Q. And prior to becoming a bartender in Boston, where were you working?— 
A. Well, I have been a bartender about 24 years. 

Q. Prior to coming to 31 Cambridge Street, where were you working?—A. 
Worked for T. J. Quatters farther down Cambridge Street. 

Q. And there is no hotel in connection with Quatters’s place?—A. No; just 
a lodging house upstairs. 

Q. You are not a married man?—A. No. 

Q. You support your sister?—A. No; I don’t support her. She is married. I 
occasionally give her something. 

Q. You pay her regularly?—A. No; I don’t. 

Q. What do you mean ?—A. When I do see her, I pay her for my meals. 


352 


TAGUE VS. FITZGERALD. 


Q. When do you pay her?—A. Pay her Sundays if I go out there. 

Q. Do you mean to say you pay your sister every time you go out theie. 

^ Q. In other words, you pay your sister a regular sum, don’t you? A. A 

regular sum? No; I don’t. , 

Q And do you mean to tell us that you pay your sister for eveiy meal jou 
eat there?—A. Suppose I go there Saturday night and stay over Sundaj. 

Q. Do you mean to say you pay your sister for them?—A. I give her some¬ 
thing at the end of the month for her trouble. . -vt 

Q. Give her something at the end of every month? A. Not every nioiitl, 

Q. Since you have been away?—A. No. 

Q. Do you pay her every time you go there?—A. No. 

Q. I thought you said you did.—A. No; it was a mistake. I get a lot ot 

other things done besides. i i 

Q. What do you get there?—A. A few meals and I get my clothes laundeied. 

Q. What else?—A. That is about all. ^ 

Q. Keep your clothes there, I suppose?—A. Some of them. Not all of them, 

underclothes. 

Q. Your underclothes?—A. Yes. • ^ » o \ rkii 

Q. You sleep in the same room whenever you sleep at your sister s. A. un, 

Q. That is what they call your room?—A. I don’t know if they call it my 
room. 

Q. You go to it as your room?—A. When I am there; yes. 

Q And that is where vou keep some of your things? A. Oh, yes. 

Q.’ And you have been doing that for three years or A. Yes 

Q. How many years did you say you had been doing that. A. Well, about, 

probably six years or seven or more. 

Mr. O’Connell. That is all. 

Mr. Callahan. No questions. 

Daimtf.l Connors. 


Deposition of TIMOTHY W. CORKERY: 

Direct examination by Mr. O’Connell. 

Q. What is your full name?—A. Timothy W. Corkery. 

Q. Where do you live?—A. No. 143 Court Street. 

Q. What is the name of that place?—A. The Hotel Royal. 

Q. What is your business?—A. I am an ironworker. 

Q Where do you work?—A. Warren Bros. Construction Co. 

Q. What is the number of your room at the Hotel Royal?—A: Room B. 
Q. What floor is that on?—A. The first floor. 

Q. Where else do you live besides the Hotel Royal?—A. No place. 

Q. Have you lived there long?—A. Seven years. 

Mr. O’Connell. That is all. 

Mr. Callahan. No questions. 


Deposition of .JOHN W. NORTON : 

Direct examination by Mr. O’Connell: 

What is your name?—A. .John W. Norton. 

You are the proprietor of the Hotel Royal ?—A. No, sir. 

What are you?—A. The day clerk. ^ 

Have you got with you the register ot the Hotel Royal?—A. No; 


Q. 

Q. 

Q. 

Q. 


I have 


Anybody can see it any 


Ill 

Q. Where is it?—A. It is in the office, locked up. 

time the police come there. , i 

Q. Would that be the register for last April?—A. They have two lockers. 

and have 30 or 40 registers. 

Q. Who can get them?—A. The boss, when he comes home. 

Who is the boss?—A. Dearborn. 

What is his full name?—A. C. H. Dearborn. , , 

Is he the only one that goes into the locker?—A. Unless tliey broke it. 
When will he come home?—A. Look for him any day. 

When do you expect him?—A. I could not say. 

Where does he live?—A. Somerville. 

Somerville is just across the river?—A. Yes. 


Q. 

Q- 

Q. 

Q. 

Q. 

Q. 

Q. 


TAGUE VS.' FITZGERALD. 


353 


I don’t know. I don’t see him 


suppose-lie does!^*^*^^'' ^aolt or locker where these registers are?_A. I 

o f;;'-'!'-'''O': t"«t I k'">'v of. 

‘tI iiever^Ta<K\'m 'ool;er?-A. Never had to go to 

die we going to got these lisf'^v _ \ t .’n ^ " j. 

know to-day lie was not going to he hozne ■iiirl r wi'n't ^’7 *o-inorrow. I did not 
Q. \N ilI you come to-nioriwV-_\ ^ "'y tO'O'orrow, or bust it. 

Q. wiiat tin.e?-A. Any time. I go on at half past 7 

Q. you come at haifpast J07-A. Somewheres In that neighborhood. 

JOHN ^^•. NORTON, recaneJ"""'“'"'’ 

Redirect examination by Mr. O’Connell ; 

Q. You are John \V. Norton?—A Yes 

Q: A-f'‘tL“'U;‘rin^trstm;,m‘^,^ ‘-t night?-A. Tes. 

the register of the Hotel Royal for Api-il of last v7a.‘?-^l ?es '* 

last' night and 'Igai.f \his^^™l.m"fC'’rsnw'tht^Tjf^ ''ll- ">«« 

were i)ainting and papering and the houLman s-ihPhp*^L*^? weeks ago. They 

(}. L.V the press you mean the waste-paper nress *^—a rpf, J 
Q. And that is the place where wasle'pip'^’rl^pr^sseTl'lt.m'l^elf 

Q. And that was done sometime ago?—A. About six weeks a^o 
^h^ And these books were thrown in?-A. I think posslb"'ft nft' one that went 

able to’fnd if els^wlfefe®''''’ I would have been 

Q. Mr. Norton, you live in Charlesto'wn?—A Used to 
Q. Mhere?—A. 387 ^lain Street or 394 Main Street. ' 

O- iou have been living there during the nast vphv*? a t i 

roometl there for over two years; sinee^^y'fa^fa^'Lf'.Iz^lf 

Q: Qui'trfften'UfVef'" ""'ce "'"t time?-A. Quite often. 

^V^ley!™fl'Lmf'fS;ftf minf" barber shop. 

Q; MJiat house did you live in in Charlestown?—A. Lived with Putnam tt 
works for Wdd, the furniture man. ^ utnam. He 

Q. And you used to stop with him?—A. Yes. 

Q. How many years?—A. I may have stopped there a year and a half 

Q. You keep some of your clothes over there?—A. I have grot a trniii' t Lott 
never taken away. That is all. ^ ^ 

Q. Your trunk is there?—A. Yes. 

Q. You haven’t got any trunk at the Hotel Royal?—A. I have aot two -rins 
I havef-t nfcC7n''tlm Hmdf CharIostown?-A; 

Q. It is in Charlestown in the room-- A. Not the room 

Q. In the house where you used to be?—A. Yes. 

Cross-examination by Mr. Callahan: 

Q. Y"ou are at the Hotel Royal now?—A. Yes sir 
Q. Doing what?—A. Day clerk. 

Q. Day clerk?—A. Yes, sir. 

Q. You slept there last night?—A. Yes, sir. 

Q. You are not married?—A. Yes, sir. 

Q. Have you any family?—A. I have a daughter. 

Q. How old are you?—A. Sixty-five. 

Q. And that is your permanent home?—A. Yes, sir. 


122575—19-23 




354 


TAGUE VS. FITZGERALD. 


Q. Since the 1st of April last year?—A. Last seven years. 

Q. Yon have no connection with politics in that district?—A. ^o, sii , no pait 

j. W. Norton. 

Deposition of ROBERT C. LB\ ISON . 

Direct examination by Mr. O’Connell: 

(}. M'hat is your full name?—A. Robert C. Levison. 

o How old "are vou?—A. Thirty-seven. , 

Q. And where do you vote from?—A. I voted this year from the M est End, 

ward 5. * -.tt i oo 

O MTiere did you vote last year?—A. VVaid -o. ^ -r, , 

Q. What street did you live on?—A. 156 Lagrange Street, Roxbuij. 

(}. Are you married or single?—A. IMarried. 

t tvlll■e^"oe?yom^wKe■ll^■e?-A. Now I am imuTied. I Have been marrleO 

in the West End last year. 

O Where do vou live?—A. The West End. 

Q. Where do you live in the West End? A. 337 Charles Stiee . 

() Where did you vote from?—A. Boston. 

A\'h 5 it address?—A. 13 Chambers Street. 

Q. 13 Chambers Street. Who runs that house?—A. I don t know who owns it. 

O. How long did you live there?—A. A week. 

Q. What week was it?—A. The first week in April. 

(). When did you go there?—A. I started in there on Satindaj^. 

Q. When did you leave?—A. I left the next Saturday. 
ii Who did you pay rent to?—A. A lady. 

t \vrere'dblTo“rii^;\be”iay before you went there?-A. The day before 
I lived in West Roxhury. 

O HouMons'had yolfbeeTiiving at West Roxbury?—A. I had been living in 

4 mfSr° le‘avfng‘\lds'honte tlte following Saturday night after you 
entered it, where did you go?—A. Beacon Chambers • 

Q. How long did you stay there?—A. A little while. 

Q. Beacon Chambers is not in ward 5?—A. Yes. 
n vou staved in ward 5 just that week? A. Yes. 

Q. I suppose that was for the purpose of being able to vote down there m 

thnt ward*?—A. Not for that purpose. i r 

Q. You i-egistered there fo^r what purpose ?-A. To be near the shop, 5 

Chambers and 99 Cambridge Streets. f nto «ir 

O Well did you have a home out on Lagrange Street, Roxbuiy. A. No, sir. 

o' AVho\vere vou rooming with out there? A. My brother. 

Q. How long did you stay with your brother?—A. I stayed with him oif and 

nn T used to stay sometimes in that room. 

Q. How long had you been there altogether?—A. Altogether I have been 

^^'o.^And^imrjmu are' married, you are living downtown here?—A. Yes. 

O You don’t know the name of the party from whom you hired the room. 

A I know her if I see her and she knows me, but I don t kimw her name. _ ^ 

"q. And you think you went down Saturday night? A. The Saturday nigln 

^And^if^Simd^v was April 1, you were there on the night of the 31st of 
^yiarch?—A. The 31st of March. I hired it on Saturday night and intended to 

louffer but did not like the place. 

Q. And you were there from Saturday to Saturday?—A. Yes. . 

Cross-examination by Mr. Callahan : 

Q. You stayed there a week, and then you moved to Beacon Chambers?—A. 

^^Q.^Aml HmtTs^on'l“’a'short way up?-A. It is only a short way up, so I 

’'“Q.'’Cl''ev4'’since‘'you have been in the West End?-A. I have been ever 
since. That is, I have been for a little while with ihy lirother, and then 
Avent back to the AVest End. 

Q. And then you continued to live at the West End? A. Yes. 


TAGUE VS. EITZGEEALD. 


355 


Q. 

Q. 

Q. 


And it is your home now?—A. Yes. 

When did you get married?—A. Last August. 

And you were unmarried in April of last year?—A. Unmarried. 

Redirect examination by Mr. O’Connell : 

don’t ^^^^other ward?—A. I 

<iont kno\\. Don t pay much attention to politics 

Q irthat‘''in ITrd''-'?® ^37 Charles Street, corner of Poplar. 

Mr. Callahan. It is in ward 5. 


Q. 


Deposition of CHARLES T. COGAN: 


Direct examination by Mr. O’Connell : 

Q. W^hat is your full name?—A. Charles T. Cogan. 

Q. How old are you?—A. Forty-seven. 

Q. When were you 47?—A. Last October. 

Q. What is your business?—A. Boston & Maine Railroad 
<}. \Vhere do you live?—A. Hotel Bowdoin. 

Q. Are you married?—A. Single. 

Q. Any family?—A. No. 

Q. AVhere do you live besides the Hotel Bowdoin?—A. Nowhere ” 
Q. lave there all the time?—A. For the last 10 years. 

Q. Do you live there all through the year?—A. No other place. 

Q. What is the number of your room?—A. 29. 

Q. You have lived there how long?—A. Ten years. 

IMr. O’Connell. That is all. 

Mr. Callahan. No questions. 


Deposition of THOMAS LAWTON: 


Charles T. Cogan. 


Direct examination by Mr. O’Connell : 

Q. What is your name?—A. Thomas Lawton. 

Q. How old are you?—A. Sixty-one. 

Q. Do you vote over tliere?—A. I have voted here the last 30 years 
Q. Are you married?—A. No, sir. 

Q. Any children?—A. No, sir. 

Q. Know .John I. Fitzgerald over there?—A. What? 

Q. Do you know this man up here, .Tohn I. Fitzgerald?—A. I saw him this 
morning for the first time. 

Q. Were you talking with him?—A. No. 

Q. Do you know Mancovitz?—A. Pie sent me up here. 

Q. He sent you up here. Where do you live?—A. Revere House. 

Q. How long have you lived at the Revere House?—A. Thirty-two years. 

Q. AVhat is the number of your room?—A. The number of my room? 440. 
I work there. 

Q. You work there?—A. Yes. 

Q. Where else do you work?—A. I am houseman. 

Q. M'hat do you mean?—A. Houseman. 

Q. M'hat do you do?—A. All kinds of work. 

Q. What kind?—A. Wash windows, laundry work. 

Q. What else do you do?—A. Nothing. 

Q. Do you know Capt. Harrison?—A. Yes. sir. 

Q. Seen him today?—A. I am working for him. 

Q. See Mossman?—A. Yes. 

Q. Talking with him today?—A. I don’t speak to any of them. 


Deposition of THOMAS H. COCHRANE : 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Thomas H. Cochrane. 

Q. Where do you live?—A. No. 39 Cambridge Street. 

(}. AVhat is your business?—A. I am an emblem salesman. 
Q. P^or whom do you work?—A. Myself. 

Q. Where does your wife live?—A. Brockton. 

Q. You are not separated from her?—A. No, sir. 

Q. How long has she lived in Brockton?—A. All her life. 
Q. You furnish the house she lives in?—A. No. 

Q. Who does?—A. She lives with lier sister. 


356 


TAGUE VS. FTTZGEKALD. 


Q. And you there quite frequently?—A. Once in a wliile. 

Q. And you are on friendly terms?—A. Yes.^ 

Q. Just as friendly as you ever were?—A. Yes. 

Q. And the relation of man and wife exists just the same as between any 
husband and wife?—A. Y^es. 

Q. She never has lived at the Derby House?—A. No, sir. 

(}. That is where you said you stopped?—A. Lived there 20 years. 

Q. You say you work for yourself?—A. Yes, sir. 

Q. Where is your place of business?—A. I do business right there, ihat 
is my headquarters. 

Q. That is, you have people come to your room there?—A. Some. 

(). You travel out from there?—A. Yes, sir. 

Q. And see your wife how often?—A. That I can’t tell. Every month or two. 
Q. You have no children?—A. Yes. 

Q. How many children have you?—A. One. 

Q. How old is this child?—A. Thirty-five. 

Q. Where does he live?—A. Right there with his mother. 

Q. So your wife and child live in Brockton?—A. Y"es, sir. 

Q. And you have your place of business at the Derby House?—A. les, sir. 
(}. And took up your residence from there and vote from there? A. Always. 
(}. You contribute, I suppose, to the support of your wife?—A. Certainly. 
And have ever since you were married?—A. Always. 

Cross-examination by Mr. Callahan ; 

O You say you do your liusiness from the Derby House?—A. Yes, sir. 
o' And you'have been doing it for how many years?—A. In this business 
for seven years. I have roomed there 17 years. I have not been in this 
business only about seven, or eight years. 

Q. You are a traveling man?—A. Yes, .sir. 

Q. And when you come to Boston that is your home?—A. Always. 

Q. And on the first of April you were there?—A. Been there a good many 

VPRrs. 

O. Imu considered that your home there, tlie Derbv PTonsp‘?^^A Yes, sir. 

Q. You have not any interest in politics in this city?—A. It is nottiing to me. 
Q. You don't know Mr. Lomasney or John F. Fitzgerald?—A. No, sir. 

Q. You have no interest in them?—A. No. sir. 

Q. Anybody connected with them ask you to vote for them? 

Re-direct examination by Mr. O’Connell ; 

Q. Didn’t you vote the Democratic ticket?—A. I didn’t take particular 

notice. ^ t i. 

Q. Did you ever vote in Brockton?—A. Yes, I was born in Brockton. 

Q. How'long did you vote there?—A. Eighteen years ago. 

Q. Live there up to that time?—A. No; I left there 20 years ago. 

Q. You have been voting in Boston how many years?—A. 190o was the first 

time I voted in Boston. .. . , , ^ 4 x- 

Q, And you have been voting in ward 5 right along?—A. Yes, sir. 

Q. Your wife and child have never lived at the Derby House? A. No, sir. 

Recross examination by Mr. Callahan : 

Q. When he says your wife and child—you have a son 35 years old? A. Yes, 
sir. 

Q. And that is what he means by your child? 

Mr. Hakrington. He is not anybody else’s child. 

Thomas H. Corcoran. 

Deposition of PATRICK F. COINIBER : 

Direct examination by Ylr. O’Connell : 

Q. What is your full name?—A. Patrick F. Comber. 

Q. How old are you?—A. Fifty. 

Q. And what is your business?—A. Bookkeeper. 

Q. Where do you work?—A. 65 Chestnut Street, Boston. 

Q. For whom'?—A. C. H. Smith. 

(}. And you vote from the Derby House?—A. Yes. 

Q. Where do you vote?—A. Ward 5. 

Q. How long have you been voting there?—A. A number of years. 

Q. Where do you live?—A. No. 39 Cambridge Street. 

Q How long iiave you lived there?—A. Twenty or twenty-two years. 


TAGUE VS. FITZGEEALD. 


357 


Q. Lived there all the time? 
<iway oil a vacation. 


A. Lived there all the time except when 


married?—A. Not married. 

Q. No family? —A. No family. 

Q. And that is your permanent home?—A. Yes, sir. 

L). Don t live elsewhere at all?—A. No, sir. 

Q. Hii^ve you a father or mother living near Boston?—A. No- 
D- Dave you any brothers or sisters you live with?—A No • 
Lawrence. They are married. 

Mr. O’Connell. That is all. 

Mr. Callahan. No questions. 


both dead, 
they live in 


Deposition of PATRICK H. KANE : 

' Direct examination by Mr. O’Connell : 

Q. What is your full name?—A. Patrick II. Kane. 

Q. And you are a bartender?—A. l"es, sir. 

Q. For whom do you work ?—A. American House, East Boston. 

Q. And yoiii folks come from where—Lawrence?—A. No; a brother in Lynn 
nnd one sister in Salem. 

Q. Do you spend some time with your sister in Salem?—A, No. 

Q. How often do you go there?—A. I haven’t been down there for a month 
or two months. 

Q. Do you go to your other folks in Lynn?^—A. Once in a while. 

Q. Where do your father and mother'live?—A. Live in Lynn. 

Q. Any brothers and sisters living with them?—A. Father and mother are 
dead. 

Q. I thought you said they lived in Lynn?—A. They did live in Lynn. 

Q. How many live in Lynn?—A. A sister and brother. 

Q. Did you live with them?—A. I did, 

Q. From when?—A. Five or six years. 

Q. That was when you came to'Boston to be a bartender ?—A. I lived in 
Lynn. 

Q. You are interested in seeing Boston go license?—A. I was on the license 
with John T. Philbin. 

Q. So in order to protect Philbin on the license you must be a voter?—A. I 
was in Boston before I went on the license. 

Q. Isn’t that one of your reasons for living in Boston?—A. No; I was in Bos¬ 
ton before that. 

Q. Has the American House, East Boston, got any rooms?—A. Yes, sir. 

Q. Have you any connection with the ward 5 organization that makes you 
<'ome over to Boston from East Boston?—A. No; always roomed there. 

Q. For whom were you working that you were on Lie license?—A. John T. 
Philbin. \ 

Q. Where is that?—A. Corner of Province Street and Province Court. 

Q. That is in ward 5?—A. Yes, 

Q. Where does Philbin live?—A. Philbin, I believe, lives in Swampscott, where 
he has moved lately. 

Q. And it was to protect him you wanted to become a Boston man?—A. Yes, 
sir. 

Q. Did you have any interest in the license?—-A. Yes, sir. 

Q. And you, being a Boston man, he put you on the license?—A. Yes, sir. 
He has a wife and family in Swampscott. 

Q. So he used you-A. I don’t like the word “ used me.” 

Q. Where does he live?—A. Claims he lives in Swampscott. 

Q. How can he vote in Boston if he lives in Swampscott?—A. That is what I 
want to know. 

Q. You never looked up to find out?—A. No. 

Q. And jmu were ostensibly his partner on the license?—A. Not now. 

Q. When you were on the license?—A. Yes. 

Q. Don’t know where he lived in Boston?—A. No. 

Q. Or where he was voting from?—A. No. 

Q. How often do you visit your sister in Salem?—A. Oh, I go down there once 
a month, 

Q. Do you contribute to her support down there?—A. No. 

Q. Either one?—A. One in Salem. There is only one sister in Salem. A 
brother and sister in Lynn. ♦ 



358 


TAGUE VS. EITZGEKALD. 


Q. Do you contribute to tlie support of your sister in Lynn?—A. Sometimes. 

Q. AVhere does she live?—A. Broad Street. 

Q. What number?—A. I don’t know. 

Q. You don’t know the number of the street?—A. No. . . , , 

Q. How often do you go there?—A. Been there once or twice since she has 

been there. 

Q. How long has she been there?—A. A few months. 

Q. Where did she live before that—A. With my other sister. 

Q. Where does she live?—A. No. 2 Smith Avenue. 

Cross-examination by Mr. Callahan : 

Q. You have lived steadily in this house for five or six years?—A. Yes, sir. 

Q. The same place?—A. The same place, same room. 

Q. And you are unmarried?—A. Unmarried. 

Deposition of LAWRENCE J. FALLON : 

Direct examination by Mr. O’Connell: 

Q. What is your full name?—A. Lawrence J. Fallon. 

Q. Where do you live?—A. No. 39 Cambridge Street. 

Q. Your home is in Cambridge?—A. No, sir. 

Q. How much of the time are you in Cambridge?—A. Very little of the time 
until I got sick. 

Q. Where do you go when you go to Cambridge?—A. My sisters house. 

Q. You have a room in your sister’s house?—A. No. 

Q. What is your sister’s name?—A. Connolly. 

Q. Are you a married man?—A. No, sir. 

Q. Have you a family?—A. No, sir. 

Q. How much of a family has your sister got?—A. One boy. 

Q. And if your sister says you had lived with her she is mistaken?—A. Yes, 
sir. 

Q. You are in the liquor business?—A. Yes, sir. 

Q. The same place on Cambridge Street where the Derby House is situated?— 
A Yes sir. 

Q. How long have you been at the Derby House?—A. Fifteen or 16 years. 

Q. Are you the proprietor of this liquor saloon?-—A. Yes, sir. 

Q. How many men do you have as liquor salesmen?—A. I have three at 
prGSont. 

Q. And you are interested, of course, in seeing Boston go license?—A. Yes, sir. 
Q. Prior to coming to Boston and going into the liquor business, where did you 
live?—A. Cambridge. 

Q. Where, in Cambridge, did you live?—A. Brookline Street. 

Q. How many years did you live on Brookline Street?—A. All the time I 
lived on Brookline Street I lived in one place. lived in Cambridge and lived 
on Brookline Street. 

Q. It is the same house where your sister lives?—A. No; they have moved 
lately. 

Q. Where did they move lately?—A. No. 254 Brookline Street. 

Q. That is where you have been sick lately?—A. Yes, sir. 

Q. How long were you sick?—A. Ten weeks. 

Q. Ten weeks. And that is at your sister’s home?—A. Yes, sir. 

Q. How long have you owned this liquor license down there?—A. Fifteen 
years. 

Q. Prior to owning this liquor license, Mr. Fallon, you had lived in Cam¬ 
bridge?—A. I think prior to owning that I had voted in Boston three years. 

Q. Where?—A. The Derby House. 

Q. Were you interested in that license?—A. Not at all. 

Q. Were your bartender at that place?—A. Yes; worked there. 

Q. In other words, up to the time you were bartender in the Derby House 
you had always lived in Cambridge and voted in Cambridge?—A. Y^es, sir. No; 
not always, i voted in Roxbury. I worked there. 

Q. What were you doing out there?—A. Tending bar. 

Q. Prior to coming to Boston and tending bar, you were voting and living in 
Cambridge?—A. Yes, sir. 

Q. And you have taken a room here?—A. Yes, sir. 

Q. And you were interested in seeing Boston go license?—A. Yes, sir. 

, Q. And you wanted to vote here for those reasons?—A. Yes, sir. 


TAGUE VS. FITZGERALD. 


359 


Q. And during all these years you have gone back and forth to Canihridge 
practically every week?—A. Of course, I would not say every week. Of course, 
il I feel like having a Sunday dinner I would go over there and have a Sunday 
dinner with them. 

Q. You help to support the home in Canihridge?—A. Alwavs give them some¬ 
thing. 

Cross-examination hy Mr. Callahan : 

Q. How long have you been voting in Boston?—A. Fifteen or IS years. 

Q. I ifteen or 18 years. And except these 10 weeks when you were sick you 
ha\e not been at Cambridge?—A. If I feel like going to my sister’s, I go there. 
If I feel like going to my sister’s, I go there, but mv home is at the Derby 
House. 

Notary Berman. Have you been sworn, Mr. Witness? 

The Witness. No ; I have not. 

Notary Berman. Do you solemnly swear that the testimony vou have given 
in the cause now in hearing was the truth, the whole truth, and nothing but the 
truth, so help you God? 

Tlie Witness. I do. 

Redirect examination hy Mr. O’Connell: 

Q. Did you tell us the truth in all your answers, just the same as if you were 
under oath?—A. Yes, sir. 

Q. And you assumed you were under oath at that time?—A. Yes, sir. 

(h I ftiii asking you this so I will not have to go hack and go all over it again.— 
A. Yes, sir. 

Deposition of DENNIS O’NEIL: 

Cross-examination hy Mr. O’Connell: 

Q. What is your full name?—A. Dennis C. O’Neil. 

Q. Where do you live, Mr. O’Neil?—A. No. 105 Havre Street, East Boston, 
Q. And what is your business?—A. Employed in the Treasury Department. 

Q. And you have been a representative in the State legislature from East 
Boston?—A. In 1910 and 1911. 

Q. 1910 and 1911?—A. Yes. 

Q. Do you know Representative Hearn?—A. I do. 

Q. Representative from one of these wards?—A. The ward I live in; ward 2, 
Q. And you know him very well?—A. Very intimately. 

Q. Did you have a talk with Mr. Hearn after the last State election, with 
reference to the Fitzgerald-Tague tight, and if so, what was the conversation? 

Mr. Callahan. Note my objection to all this conversation, as hearsay 
evidence. 

A. I did. 

Q. Where was that talk?—A. Parker House. 

Q. Can you tell us when that talk took place?—A. No; I forget the date, hut 
after the State election. I met Representative Hearn and we greeted each 
other, I think, for the first time since the State election. I said, “ Hullo, what 
were you doing with these phoney stickers in your pocket?” He said, “ Denny, 

I will tell you about those phoney stickers.” He said, “ A fellow gave them to¬ 
me. I didn’t know they were phoneys.” I said, “ What were you doing with 
them in your pocket?” He sai(l, “Well, I was giving them out to Tague men.” 

I said, “ You were for Fitz in that fight and how were you giving them out for 
Tague?” He said, “Lots of my friends were not going to vote for Fitzgerald 
and when they came to me and said, ‘ Where do I get a sticker? ’ I put my hand 
in my pocket and gave them that sticker as an acuommodation.” 

Q. Did you have any further talk?—A. I can not recall just now. 

Q. Did you have any talk with him as to whether or not he was particular 
to hand out the sticker which was not gummed?—A. He said that he had some 
counterfeit stickers and some of the original stickers in his pocket, and I said, 

“ I suppose you were very careful to give the ungummed sticker to the voter 
ivho asked for it, weren’t you?” He said, “No; I didn’t discover the stickers 
did not have any glue on them until late in the afternoon, when I had given 
many away.” I said I thought it was a pretty cheap trick, hut had we learned 
of it early in the day we could have stopped it, and with that I think the con¬ 
versation closed. 

Q. Did you take a prominent part in the Tague campaign?—A. Oh, yes. 


360 


TAGUE VS. FITZGERALD. 


Q. And yon are friendly with Mr. Taj^iie?—A. Yes. 

Q. And it is because of your resentment against the sticker proposition you 
spoke to Mr. Hearn —A. That is the reason. 

Q. Mr. Aliearn knew you were friendly with Mr. Tague?—A. Yes, 

Cross-examination by Mr, Callahan : 

Q. You worked at the polls for Mr. Tague, didn’t you?—A. Yes. 

Q. What precinct?—A. In his local precinct. 

Q. Where was Mr. Hearn?—A. Precinct 6. 

Q. You had charge of ]\Ir. Tague’s local work?—A. No. 

Q. Who had charge of it?—A. Learson. 

Q. And you had workers at each precinct?—A. Yes. 

Q. Who is IMr. Learson ?^—A. He is a prominent man in our district, identified 
in the liquor business. 

Q. In the liquor business?—A. Yes; at Maverick Square. 

Q. What did you say the precinct was, Mr. Ahearn was at?—A. I did not see 
him during the day. I think he was up in his own precinct. 

Q. What precinct is that?—A. They readjusted them a few years ago and I 
have not that in my mind. 

Q. Do you mean to tell me you don’t know?—A. They are confused in my 
mind. 

Q. Have you been confused in giving your testimony?—A. I hope I have not. 

(}. Don’t you know in what precinct IVIr. Hearn was?—A. No. 

Q. Didn’t he tell you where he was?—A. I knew it was in ward 2. 

Q. Did he tell you that?—A. Some of the hoys told me he was at ward 2 
giving out stickers. 

Q. AVhat precinct?—A. Did not specify. 

Q. At any rate, you had workers at each precinct?—A. Yes, 

Q. How many workers did you have?—A. Five or six. 

Q. Five or six workers, and it is safe to say he had five or six workers at 
each precinct?—A. I presume so. 

Q. That was one of Mr. Tague’s strongest wards?—A. Yes. 

Q. And there was a pretty strong feeling running through there?—A. Yes. 

Q. So he did not have any trouble getting workers?—A. No. 

(}. He did not have to pay any?—A. I don’t know, hie had many volunteers. 

Q. Have you talked with any person who worked at one of these precincts at 
East Boston who saw Mr. Ahern or anvbodv else giving out these stickers?—A. 
Yes. 

Q. AVho have you talked with?—A. Talked with Bill INIuiTay. 

Q. Bill INIurray ; that is the man who testified here the other day. Have 
you talked with anybody who worked at these precincts for INIr. Tague?—A. 
Bill admitted to me that he did. 

Q. Will you please answer my question? Have you talked with any man who 
worked at that precinct in East Boston, or anybody else, who said that he 
sa-w Ahearn. or anybody else, give out one of these stickers?—A. I don’t know. 

Q. Did you see anybody give out these stickers?—A. They were there. 
They were loaded with them, but they did not perform. 

Q. Did you see anybody give out those stickers?—A. No. 

Q. Did you make any investigation to see whether there was anybody giving 
out these stick('rs?—A. I only had charge of my precinct. 

Q. But you were interested?—A. Yes. 

Q. And INIr. Ahearn told you this story?—A. Yes, 

Q. When did he tell you this story?—A. The night of the banquet at the 
City Club. 

Q. Didn’t you go out and attempt to verify that story?—A. I didn’t have to 
vei’ify his admission. 

Q. Answer my question. Didn’t it interest you enough to make an investiga¬ 
tion?—A, Not at that time; no. 

Q. Did you communicate to anyone else that Mr. Ahearn had done this 
thing?—A. Yes. 

Q. Who?—A. Tom Murphy. 

Q. Who is he?—A. Quartermaster at the navy yard. 

Q. Did you tell this to Mr. Harrington, Mr. Kane, or Mr. O’Connel, or Mr. 
Tonner, or his several attorneys? 

]\Ir. O’Connell. Mr. Tonner is not attorney in this case. 

Mr. Callahan. I thought he was by proxy. 

Q. You are working for the Treasury Department?—A. Yes, sir. 


TAGUE VS. FITZGERALD. 361 

Q. How long have yon been working for the Treasury Department?—A. 
About three months. 

Q. Did you take a civil-service examination for that?—A. No. 

Q. Did you get there through your own inlluence?—A. I got there through my 
own influence and Mr. Malley. 

Q. Do you mean to say that Mr. Malley allows anybody to get in this depart- 
indorsement?—A. It is quite probable my name got indorsement. 
Q. Do you mean to tell me that Mr. Malley did not communicate with Mr. 
-lague and secure his indorsement?—A. I don’t know. 

Q. Don’t you know that you have to thank Mr. Tague for that thing?—A. 
For what thing? 

Q. Don t you know Mr. Malley told you it was necessary for you to get the 
indorsement of your Congressman?—A. No. 

Q. And you say “No”?—A. I say “No.” 

Q. Did you contribute anything to the support of Mr. Tague?—A. Not a cent. 
Q. You were out speaking for Mr. Tague every night?—A. Some nights. 

^Q. Every night?—A. No; some nights. Every night there was outside talking 
I was out. 

Q. You were one of Mr. Tague’s spellbinders?—A. No spellbinder. 

Redirect examination by Mr. O’Connell: 

Q. The point was, there were only three or four nights anyway?—-A. Yes. I 
think that was all. 

Dennis A. O’Neil. 

Commonwealth of Massachusetts, 

ss: 

I, stenographer, appointed by Aliraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter F, 
Tague John P. Fitzgerald, having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

Gertkude S. Cole. 

Boston, Mass., May 5, 1919. 

Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of her knowledge and belief, 

Abraham C. Berman. 


Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 32 pages, 
together with the notice of contest and answer, is a true and correct copy of the 
testimony taken before me, under oath, in the contested election of Peter F, 
Tague V. John F. Fitzgerald, beginning February 19, 1919; exhibits herein re¬ 
ferred to are marked as described and made part of this record. 

Abraham C. Berman, 

Notary Puhlie. 

Boston, Mass,, May 5, 1919. 

Deposition of DAVID MANCOVITZ, who, first being duly sworn, deposed: 

Direct examination by Mr. O’Connell: 

Q. What is your name?—A. David Mancovitz. 

Q. And you are sitting as a notary here, representing John F. Fitzgerald?— 
A. I sit with Notary Berman, representing .Tohii F. Fitzgerald. 

Q. Representing John F. Fitzgerald?—A. To take this testimony; yes. 

Q. Are you one* of the lieutenants of Martin Lomasney?—^A. I don’t under¬ 
stand that question. 

Q. What is the trouble with it?—A. If you call that proper, I don’t. 

Q. Isn’t that the English language?—A, It is an insulting question. 

Q. Isn’t that the English language?—A. It is an insulting question. I will 
answer a fair question, 

Q. Are you a lieutenant of Lomasney? 

Mr. Callahan. What do you mean by lieutenant? It has a military point 
of view. 

Mr. O’Connell. From the organization standpoint, and he knows what I 
mean. 


362 


TAGTJE VS. FITZGEKALD. 


Q. Do you know' what a lieutenant means?—A. I know what lieutenant 
means, not in an or. 2 :anization. 

Q. Do you know what it means in an organization?—A. I don’t. 

Q. Are you a member of the bar?—A. Yes, sir. 

Q. And you don’t understand the meaning of lieutenant?—A. I do know what 
it means, and I told you what it means. 

Q. Knowing what it means, do you hold that relationship to Martin Lo¬ 
masney? 

]\Ir, Callahan. It is a rank, not a relationship. 

Q. You have been very friendly with Martin Lomasney?—A. Very friendly. 

Q. How long?—A. Ali my life; about 30 years. 

Q. And he has chosen you to be sent to the common council?—A. No; the 
people where I live have chosen me. 

Q. That is ward 8, isn’t it?—A. No; it is not. 

Q. Isn’t it?—A. I don’t think it has been ward 8 for years. 

Q. How long have you been in the common council?—A. I have been in the 
council since 1908. 

Q. And you have represented ward 5 in the legislature?—A. Yes, sir. 

Q. How many years?—A. Pour. 

Q. And before there was a change in the registration in the ward lines of 
the last redistricting, you lived where?—A. At the Hotel Hancock. 

Q. And where is that?—A. On Hancock Street. 

Q. What number?—A. Thirty-six. 

Q. When were .vou married?—A. Married on the 12th day of January, 1912. 

Q. Where were you living at that time?—A, I lived on Hancock Street. 

Q. Do you know where the Hotel Bellevue annex is?—A. Yes, sir. 

Q. Have you lived there?—A. Yes, sir. 

Q. When?—A. I have lived there since March, 1916. 

Q. Have you any children?—A. No, sir. 

Q. Do you know where 146 Bowdoin Street is?—A. Yes, sir. 

Q. Is that in ward 5?—A. Yes, sir. 

Q. Where are you registered from?—A. 146-150 Bowdoin Street. Hotel Belle¬ 
vue annex. 

Q. When did you leave there?—A. This morning. 

Q. Where else do you live?—A. At the Hotel Bellvue annex. 

Q. I asked you where else you live.—A. That is the only place I live in. 

Q. Where else have you rooms?—A. Nowhere else. 

Q. You have been attorney before the ballot law commission for John F. 
Pizgerald?—A. I appeared as associate counsel with Mr. Albers for Mr. Fitz¬ 
gerald. 

Q. Were you retained by Mr. Lomasney or Mr. Fitzgerald in that fight?—A. I 
offered my services to the two of them, sir. 

Q. And you have no bill to render for that?—A. I rendered them no bill. 

Q. You .lust butted into it?—-A. No; I believe in a just cause. 

Q. Do you know any other just cause you have butted into?—A. A great 
many just causes. I have taken part in Liberty loans, legal advisory boards, 
and a great many other just causes. 

Q. I mean just causes between men.—A. A great many causes where men 
were right I was with them. 

Q. They were all controversies between wards?—A. No; I have appeared in 
court for a great many men that had no money and I tried their cases without 
any charges. 

Mr. O’Connell. I would like to suspend this hearing until to-morrow morn¬ 
ing. 

Notary Bekman. Adjourned until 10 o’clock to-morrow morning. 

MORNING SESSION. 

Federal Building, March 6, 1919. 

Direct examination of Mr. Mancovitz by Mr. O’Connell —Resumed. 

Mr. O’Connell. At this time I would like to ask if there are any of the hotel 
men who were summoned to come here with their i-ecords. 

Notary Berman. Are there any of the hotel men here who were summoned to 
come here with their records? Are there any witnesses here who were asked to 
be here this morning? Proceed, Mr. O'Connell. 


TAGUE VS. EITZGEEALD. 


363 


jNIi. O Connell. A\ill yon ask if there are any witnesses here who were sum¬ 
moned to appear here on other days? 

Notary Berman. Are there any witnesses here who were summoned to appear 
on other days? [No answer.] 

Mr O’Connell. Is there any witness here that wants to he heard? Will you 
ask that? 


Notary Berman. Is there any witness here that wants to be heard on thm 
question ? 

JNIr. O’Connell. No response. 

Notary Berman. There was a man here who was summoned to appear here 
yesterday and can be reached if you wish him. His name was Bernard 
Mr. O’Connell. You excused him? 

Notary Berman. Yes. 

Mr. O’Connell. Will you call him? 

Notary Berman. You can reach him on the telephone. 

IMr. O’Connell. I mean have him telephoned. 

Q. Did you ever live on Hancock Street?—A. Yes, sir. 

Q. What number?—A. 36. 

Q. Did you have a lease?—A. I did. 

Q. And when did it expire?—A. 1914 or 1915. 

Q. You have not had it since then?—A. No, sir. 

Q. Nor your family?—A. No, sir. 

Q. Now, you are a brother of Israel Mancovitz, are you not?—A. Yes, sir. 

Q. And Israel Mancovitz was a precinct officer in one of the precincts of ward 
5?—A. I believe so. 

Q. Where does he live?—A. The Lnst I knew of, at his father’s. 

Q. Where is that?—A. 49 McLean Street. 

Q. That is, with your father?—A. My father. 

Q. 49 McLean Street is in ward 5?—A. Yes, sir. 

Q. He is a married man?—A. He is married. 


Q. Has he any children?—A. A child born December 15, 1918. 

Q. You know he is one of the men summoned here? You have heard his name 
mentioned?—A. I have not. 

Q. His name has been called by Notary Berman. Do you know any reason 
why your brother, Israel Berman- 

Notary Berman. No ; not Israel Berman. 

Q. Israel Mancovitz, who was a precinct officer last fall should not be here 
to-day?—A. If he was summoned, he would be here. 

Q. If he is not here, having been summoned, do you know why he stays 
away ?—A. You assume he was summoned. I say, if he was summoned he would 


be here. 


Q. Do you know why he has been kept away?—A. He has not been kept away. 

Q. Do you know his wife, Mrs. Israel Mancovitz?—A. Certainly, I know her. 

Q. Do you know any reason why she should be kept away?—A. If she was 
summoned, she would be here. Of course, as I say, she has been out of the 
hospital only a few months. 

Q. What hospital?—A. Norton Hospital. 

Q. Where is that?—A. I think in Roxbury. 

Q. What street?—A. I could not tell you. It is the Norton Hospital. 

Q. When have you last spoken to your brother?—A. I think it was yesterday. 

Q. Did you discuss this case with him?—A. No. 

Q. Or his wife?—A. I have not talked with his wife, I think, for two months. 

Q. You knew that her name was read off ?—A. I did not. 

Q. Y^ou have been in attendance at these hearings?—A. I have been here a 
good deal of the time. 

Q. You might not have been here, then, when her name was read oif, but you 
have followed these hearings very closely?—A. I have stayed here ever since 
they started. 

Q. And you have not noticed any names submitted to the attorney for Mr. 
Fitzgerald?—A. No, sir. 

Q. Haven’t you discussed with him and looked over lists with him?—A. Dis¬ 
cussed with whom? 

Q. Mr. Callahan.—A. I have never looked over lists with him. 

Q. Weren’t you interested to know who besides yourself of your family were 
summoned to be here?—A. No, sir. 

Mr. O’Connell. I think that is all. 


364 


TAGUE VS. FITZGERALD. 


Cross-examination by Mr. Callahan : 

Q. Where does your father live?—A. 49 McLean Street. 

Q. How lonj? has he lived there?—A. My father has lived in the west end 
since 1887. He lived in the same house until last January. 

Q. Yonr brother lives 'with him?—A. I don’t know as he lives there now, hut 
when I want to reach him I call his father’s house and get him tlnit \\a>. 

Mr. Callahan. That is all. 

(Mr Norton was here recalled and his testimony follows this.) 

Mr. O’Connell. At this time I want to call attention in the record to the fact 
that we have summoned the proprietors of the following hotels and lodging houses 
in ward 5, where we have alleged illegal registering and voting, and there has 
been no answer from the proprietors: The Merrill House, no answer from the 
proprietor; Revere House, no answer from the proprietor; the Lincoln House, 
no answer from the proprietor. The proprietors of the following hotels ha\e 
testified : Ketteer’s Hotel- 

Mr. Callahan. I submit this is not testimony. 

Mr. O’Connell. The (^Juincy House, Hotel Lucerne, the Crawford, Central, 
Commonwealth- 

Mr. Callahan. You did not say That you had summoned the proprietor of the 
Commonwealth. 

Mr. O’Connell. We had him yestei'day. We have also shown that the only 
hotel that has appeared with the record has been the New England House. The 
Derby House manager has appeared Avith a list that he says- 

Mr. Callahan. Is this evidence? 

IMr. O’Connell. He uses year after year, and that he keeps no register. Mr. 
Goodwin, Mill you please take the stand? 

Mr. Callahan. Now, before anybody else- 

Mr. O’Connell. Let us mot^e into this little room. 

Mr. Callahan. There is no need of going into that little room. He is not 
afraid. Before you go in there, IVIr. O’Connell and Mr. Notary, I want to make 
this objection. 

Notary Berman. Proceed, Mr. Callahan. 

Mr. Callahan. I Avas going to say that I shall object, and I Avant my objec¬ 
tion noted, to any further eAidence beyond AAiiat Avas given by these tAvo Avit- 
nesses, Mr. Mancovitz and the proprietor of the Hotel Royal. AAiio Avas on the 
stand, for the reason that Ave have received no notice from IMr. Tague or his 
attorney of the meeting here to-d;iy. 

IMr. O’Connell. The only Avitnesses Ave are going to put on are those Avhom 
Ave are recalling or Avhom you have been notified Avere to he examined. I am 
going to put on the stand Mr. GoodAvin, about Avhom you Avere notified; 

Mr. Callahan. I have not been notified. 

Mr. O’Connell. You Avere notified the first day. 

IMr. Callahan. I have not received a notice for this meeting to-day. and I 
want to' shoAV on the record, if anybody reads this record, the disorderly Avay 
in Avhich you are conducting it. 

Notary Berman. The meeting Avas adjourned last night in order to continue 
the examination of Avitnesses. There AAas so much Avork yesterday Ave had to 
adjourn to continue the examination of Avitnesses. 

Mr. Callahan. Do you say you are not requii’ed to give us notice of the Avit¬ 
nesses you are going to summon? 

Mr. O’Connell. We have given you notice of every Avitness, and Ave are going 
to give every Avitiiess an opportunity to he heard during this day Avho Avas sum¬ 
moned from the 20th of February doAvn to this 6th of March. Any Avituess Avho 
desires to come in and testify Ave Avill he very glad to hear from. 

Mr. (Callahan. Will you accept service of this, Mr. O’Connell, or shall I serve 
it on Mr. Tague? 

Mr. O’Connell. What is it? 

IMr. Callahan. Notice of hearing and AAitness to-morroAV. I Avill make the 
hearing at 11 o’clock instead of 10. 

Mr. Harrington. He has notified us already. We are giving you a chance to 
examine him. 

Mr Callahan. Accept service, please, and put it in the record. 

Mr. O’Connell. That is all. We are going to interpose no technical objec¬ 
tions. Any Avitness you Avnnt to bring in here, bring him in. “ Service of the 
witliin notice is hereby accepted, March 6, 1919, 10.55 a. m.” 






TAGUE VS. EITZGEKALD. 


365 


Deposition of FRANK A. GOODWIN (sworn) : 

Direct examination by Mr. O’Connell: 

Q. M’liat is your full name?—A. Frank A. Goodwin. 

Q. And you are a member of the bar?—A. Yes. 

Q. And you have been associated in the trial of this cause with me on 
behalf of IMr. Tague?—A. I have. 

Q. And you were also associated with me in the petition for the recount at 
the primary and the hearing before the ballot law commission?—A. I was. 

Q. At the hearing before the ballot law commission did you furnish the 
ballot law commission names of those who were to be summoned by them to 
appear at the hearing?—A. I did. 

Q. The law required, Mr. Goodwin, that all names should be submitted to 
the ballot law commission of those who were to be summoned before it, did it 
not?—A. I understood so., That was required. 

Q. And we were told by the ballot law commission to furnish all names to 
them and they would summons them?—A. Yes. 

Q. And in pursuance of those instructions you furnished a list of names?— 
A. I did. 

Did you furnish a list of names whom they did not summons?—A. I did. 

Q. Have you the list of names they did not summons?—A. George R., Baker, 
ward 6, precinct 5, 24 Union Park; Daniel F. Burke, ward 6, precinct 4, 21 
Milford Street; Arthur L. Barry, ward 6, precinct 5, 23 West Dedham Street; 
William T. Costello, ward C, precinct 6, 95 Union Park Street; Prank J. Fre¬ 
mont, ward 6, precinct 5, 335 Shawmut Avenue; Frank Hickey, ward 6, precinct 

8, 60 West Newton Street; John P. Keating, ward 6, precinct 4, 17 Bond Street; 
James J. Kelley, ward 6, precinct 3, 52 Waltham Street; Thomas P. Kennedy, 
ward 6, precinct 3, 284 Shawmut Avenue; Thomas J. Cormican, ward 6, precinct 

9, 44 East Springtield Street; Bartholemew J. Evans, ward 6, precinct 8, 1571 
Washington Street; Nathaniel B. Knox, ward 6, precinct 8, 11 Rutland Street; 
Charles J., Leavey, ward 6, precinct 7, 77 East Brookline Street; William T. 
Loughlin, ward 6, precinct 9, 45 Worcester Street; Peter E. McDermott, ward 6, 
precinct 3, 11 Waltham Street; David A. McLauchlaii, ward 6, precinct 9, 68 
West Concord Street; Edward McSorley, ward 6, precinct 7, 1504 Washington 
Street; Daniel J. Sullivan, ward 6, precinct 6, 31 Hamburg Street. This list 
was given to Mr. Vinson and checked up by Mr. Vinson and Mr. Cunningham, 
the chairman of the ballot law commission, as having voted. They checked it 
from the certified list used at the primary furnished them by the election com¬ 
mission. 

Q. Now, what did Mr. Cunningham state as to why they had not sum¬ 
moned these men?—A., When the returns did not come from the sergeant at 
arms with reference to these men, I asked Mr. Cunningham if he had given 
them to him, and he said he did not know. He then turned to Mr. Vinson and 
asked Mr. Vinson if he remembered anything about it. He said, “ We checked 
them up. I remember specifically Mr. Goodwin gave me that list and we 
checked it up, but I don’t know what happened to it.” And then I asked him 
to give it to the sergeant at arms, and I furnished him this list. 

Q. What did he say?—A. He did not make any answer at all. 

Q. And he closed the case right away?—A. The case was closed two or three 
days after that. 

Q. Just one or two questions. When, on the last day of the hearing, Mr. 
Lomasney appeared with thirty-five or forty witnesses, claiming to be attorney 
for them, did the commission permit me or any of the lawyers representing 
Mr. Tague to cross-examine any of the witnesses?—A. No. 

Q. Did I ask to be permitted to cross-examine them?—A. In every case. 

Q. And in every case I was refused by the commission?—A.. You were. 

Q. A ruling being made we had no right to cross-examine?—A. By Mr. Cun¬ 
ningham. 

Q. Did I also ask the commission to have the various witnesses display the 
blue card which was necessary for registration in the Army as of the date of 
September 12?—A. You did; and he refused. ' 

Q. He simply asked three categorical questions of each witness?—A. Yes. 

Q. After the hearing adjourned it was five days before they announced their 
decision ? 

Mr. Callahan. It is a matter of record. 

A. I forget the exact time. 


I 


366 


TAGUE VS. EITZGEKALD. 


Q, And the decision was not sent down until the Tuesday prior to the elec¬ 
tion?—A. Five or six days; I forget. 

Q. Just prior to the election?—A. Yes. 

Q. Anything else you recall?—A. No. 

Cross-examination hy Mr. Callahan; 

Q. Now, Mr. Goodwin, knowing, INIr. O’Connell as you do and knowing the 
number of witnesses that were there that day, if Mr. O’Connell had been 
allowed to cross-examine these witnesses, do you suppose that the commission 
would have got through before election day?—A. That would depend on whether 
you were allowed to tackle them again after he got through. 

Q. I want your opinion about that.—A. Of course, all they had to do was to 
show the card. 

Q. Isn’t it true these witnesses were brought there because Mr. O’Connell 
and the commission summoned them, because INIr. O’Connell insisted they did 
not exist; that they were men wdio did not actually exist?—A. I don’t know that 
he insisted that. 

Q. Wasn’t that what you maintained?—A. We maintained they had voted. 

Q. You maintained certain names had been voted on?—A. Yes*. 

Q. And Mr. O’Connell claimed these men did not exist; they were dead men 
or dummies?—A. All of them? 

Q. Some of them.—A. Most of those names he did make that statement. 

Q. And in order to clean up the situation and because the ballot-law commis¬ 
sion did not have a chance to hear these witnesses, they were summoned in or 
they appeared that day and the commission decided if they were there on the 
1st of April and if they had a right to vote.—A. These men who had come in— 
they had been summoned more than a week ago and had refused to answer the 
summons. They had refused to come in after service had been made at their 
last place of residence, and it was not until the last day they were brought in 
by Mr. .Lomasney. 

Q. You say brought in by Mr. Lomasney?—A. He had power of attorney for 
them. 

Q. For some of them?—A. He said he had power of attorney for the whole 
of them. 

Q. This list of names, you don’t know if they were summoned?—A. No; I 
don’t. There was no return. 

Q. As a matter of fact, there were four or five hundred that came in?—A. Re¬ 
turns came in- 

Q. Wait a while. You have not examined the returns of the sergeant at 
arms?—A. Every one. As they came in they were handed to me. 

Q. As a matter of fact, you have not examined the returns the sergeant at 
arms brought in here yesterday to find out whether or not these names had been 
summoned?—A. Not those brought in yesterday, hut I examined every one he 
brought in at that hearing. 

Q. All the returns he brought in yesterday were all summoned?—A. I don’t 
know. ^ 

Q. They were returns which had all been summoned, weren’t they?—A. No; 
I don’t know. 

Q. You heard him testify?—A. I did not hear exactly what he said. I was 
taking care of something else. 

Q. So you can not testify of your own knowledge if these records were sum¬ 
moned or not?—A. Not these records, hut I know at that hearing there was no 
return made by the sergeant at arms to Mr. Cunningham, because he turned 
them over to us, and I called his attention to the fact this list had not been 
served. 

Redirect examination by Mr. O’Connell: 

Q. The ballot-law commission asked Mr. Tague to furnish money enough to 
pay for the summoning of these witnesses and he did so?—A. Yes. 

Q. And they had ample money to serve these witnesses?—A. They returned a 
large sum of money. I was present when the young lady in Mr. Pedrick’s office 
returned the money. 

Q. So if the names had been given to him hy the hallot-law commission they 
had plenty of money to serve them?—A. Something like seventy to eighty dollars 
returned back. 



TAGUE VS. FITZGERALD. 


367 


Q. Mr. Goodwin, have you the record of the sergeant at arms submitted by 
him as to the amount of money expended for the summoning of witnesses?—A. 
Yes. The amount given refreshed my memory. The amount given by Mr. 
Tague was $125 and the amount spent was $89.76 and the amount returned 
was $35.24. 

Frank A. Goodwin. 

(Exhibit 42: Report made to Mr. Tague by Sergeant at Arms Pedrick of 
amount received and details as to expenditure.) 

Mr. O’Connell. Under date of October 29 the Boston Herald printed a state¬ 
ment of George A. Bacon, chairman of tlie Republican State committee, warning 
the voters against tlie practice which liad been exposed of voting on tlie names 
of soldiers and sailors who were absent. 

Mr. Callahan. Will you please note my objection to that? It is clearly inad¬ 
missible, first of all not being introduced by a witness. 

Mr. O’Connell. This is a statement made by George A. Bacon and printed 
in all the Boston papers of that date, the Boston Globe, the Boston Herald, 
the Boston Post, and the Boston American: 

''How to save your soldier hoys from repeater votes.- —George A. Bacon„ 
chairman of the Republican State committee, last night issued an appeal to 
every citizen—man or woman—who has a relative in the military or naval 
service, to send the name of such men to the chairman of the local election 
board in every city and town, with a request that precautions be taken to 
prevent the use of the names b.v repeaters on election day. 

“ ‘ I feel that it is the duty of the citizens of all political parties to protect 
the names of the brave boys who are fighting for liberty overseas ’ says the 
chairman, who refers to charges made in the Pitzgerald-Tague nomination con¬ 
test as suggesting that irregularities may be attempted at the polls next Tues¬ 
day. ‘ Here is a case where rigid preparedness may prevent trouble. Send 
the soldiers’ names to the election boards. Don’t let your boy’s name be voted 
on by a paid repeater and slacker at this election,’ he concludes.” 

(Exhibit 43: Clipping from Boston Herald, October 29, 1918, as quoted 
above.) 

Mr. O'Connell. I now offer the following telegrams and letters from the 
Navy Department, received by Mr. Tague, in connection with these witnesses. 

Mr. Callahan. Note my objection to that, Mr. Notary. 

Notary Berman. Note Mr. Callahan’s objection. 

Mr. Callahan. It is not introduced by any witness and telegrams can not 
be authenticated. 

Mr. O’Connell. These are in connection with the names of sailors whose 
names were voted on at the primary. 

(Exhibit 44: Two telegrams and letter of confirmation in re Samuel L. 
Grossman:) 

Exhibit 44. 

Washington, D. C., February 20 — 7.20 p. m. 

Peter Tague, 

21 Monument Street, Charlestown, Mass.: 

Records of bureau show that Samuel L. Grossman served on Board U. S. S. 
Horth Carolina from April 20, 1918, until January 16, 1919. 

Bureau of Navigation. 


Washington, D. C., February 20, 1919 — 3.JfO p. m. 

Hon. Peter F, Tague, 

21 Monument Square: 

U. S. S. North Carolina left New York on September 23, 1918, on escort duty 
with convoy bound for France. 

Naval Operations. 



368 


TAGUE VS. EITZGEEALD. 


[Dispatch.] 


Navy Department, 

Bureau of Navigation, 
Washington, February 20, 19.19. 

Peter Tague, 

21 Alonuiuent Ft reel, Charlestown, ATass.: 

Records of bureau show that Samuel L. Grossman served on board U. S. S. 
No7'th Carolina from April 20, 1918, until January 16, 1919. 

Bureau of Navigation. 

(Exhibit 45: Three letters received from the Navy Department under date of 
February 24, 1919, February 24, 1919, and March 4, 1919.) 

Navy Department, 

Bureau of Navigation, 
Washington, D. C., February iJf, 1919. 

My Dear Mr. Tague: On September 24, 1918, Samuel L. Grossman was 
attached to the U. S. S. North Carolina and Joseph A. Graham was attached to 
the U. S. S. Eurana. 

Very sincerely, yours, 

(Signed) Kenneth Carthinan, 

Captain, United States Navy. 

Hon. Peter A. Tague, M. C., 

House of Representatives, Washington, D. C. 


Navy Department, 

Office of Naval Operations, 
Washington, February 24, 1919. 

Memorandum for Hon. Peter F. Tague, M. C.: 

The U. S. S. North Carolina sailed from New York on convoy duty September 
23, 1918, and returned to Hampton Roads October 12, 1918. 

The U. S. S. Huron sailed from Brest September 23, 1918, and arrived New¬ 
port News, Va., October 4, 1918. 

(Signed) AV. B. AVoodson, 

Commander, United States Navy, 

In charge of ship ‘movements. 


Navy Department, 

Bureau of Navigation, 
Washington, D. C., Alarch J, 1919. 

AIy Dear Mr. Tague : Referring to your telephonic inquiry of yesterday 
requesting information regarding the whereabouts of one Samuel L. Grossman, 
1G21704, seaman, second class, U. S. N. R. F., and one Joseph A. Graham, 1616574, 
seaman, U. S. N. R. F., both of Boston, on the date of September 24, 1918, I 
wish to advise you that the records of the bureau show Samuel L. Grossman, 
who enrolled in the United States Naval Reserve Force February 5, 1918, at 
Boston, Mass., was attached to the U. S. S. North Carolina on September 24, 
1918, and that Joseph A. Graham, who enrolled in the United States Naval 
Reserve Force December 12, 1917, in the first naval district, was attached to the 
U. S. S. Eurana on that date. 

In this connection attention is invited to section 5498 of the Revised Statutes 
regarding claims against the Government, and it is the understanding, of 
course, that the above information is not to be used in violation of the law. 

Respectfully, 


(Signed) AAk A. Hall, 

Commander, United States Navy. 

Hon. Peter F. Tague, M. C., 

House of Representatives, Washington, D. C. 


Mr. O’Connell. Joseph A. Graham, referred to in this letter, is the treasurer 
of the Hendricks Club whose name was voted on. 

Now, in order that there may be no misunderstanding about these letters I 
am submitting at this time and the returns made by the deputy United States 
marshals of witnesses whom they have summoned—these sunnnons aggregate 
between 350 to 400—the witnesses got all of them—the whole number, during 
these hearings-- 

Mr. Callahan. AVhy don’t the summonses speak for themselves? 

Mr. O’Connell. The records will disclose and prove for themselves. 



TAGUE VS. FITZGERALD. 


369 


Af ?11 course, anything tliat is put into the case is at 

tion ^ disposal and at his fullest disposal to use for their informa- 

^ Now, I want to reserve the right at this time to put on the marshals, if it 

identilication of their various names, unless it is con- 
(^‘‘idahan and IVIr. Brogna that these returns made by them are 


^ W ouldn’t it be better to have a communication from the 

marshals office, not that we dispute you, but as a matter of record? 

Notary Berman. Would that interfere, Mr. O’Connell, with having these 
subpcenas marked and the returns marked? 

Ml. O Connell. We want these marked as an exhibit because they may be 

each one is referred to in the record and under his one ex¬ 
hibit and as part of that exhibit. 

\Vhere would the summonses be, so we could look at them? 

Mr. O Connell. They \vill be in our possession and they will be brought 
Iieie to court every day as the hearing goes on and you can inspect them. 

Ml. Callahan. I think they should be impounded and put in the custody of 
the notary. 

Notary Berman. Then, I appoint you custodian of these until such time as it 
may be necessary to produce them. 


Mr. Callahan. There is no guaranty now they will be produced. 

Mr. O’Connell. You have my personal guaranty they ydll be produced 
There is only one thing that \vill interfere and that is death. 

Mr. Callahan. Do I understand now you have closed your case? 

Mr. O’Connell. Not at all. At this time I might say Oiis: that the notice 
that \ve served on Mr. Fitzgerald was not put in, but mv impression was that 
it Mms put in the first day. 

Mr. Callahan. Been put in and to be marked later. Mr. O’Connell, aren’t 
you through with your case now? 

Mr. O’Connell. No; we have not started yet. Now, at this time, Mr. 
Notary, I ask that you adjourn this hearing to resume it at the board of 
election commissioners in order that Mr. Burlen may finish his testimony. 

Notary Berman. This hearing is now adjourned until 12 o’clock, to be 
resumed at the office of the election commissioners at City Hall Annex. 

Mr. Callahan. You will note my objection to the place and the removal, 
because I have received no notice of it. 

Mr. O’Connell. I thought it was understood yesterday it was done as a 
matter of convenience, to suit the convenience of public officials who had 
valuable public records in their charge. 

(Adjourned.) 


Commonwealth of Massachusetts, 

Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to 
writing the testimony of the witnesses in the contested election of Peter P. 
Tague V. John F. Fitzgerald, having first been duly sworn by the notary, do 
hereby make affidavit that I have truly and correctly recorded and transcribed 
the evidence of the above witnesses within this book. 

Gertrude S. Cole. 

Boston, Mass., May 5, 1919. 

Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of her knowledge and belief. 

Abraham C. Berman. 

Commonwealth of Massachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 21 pages, 
together with the notice of contest and answer, is a true and correct copy 
of the testimony taken before me, under oath, in the contested election of 
Peter F. Tague v. John P. Fitzgerald, beginning February 19, 1919; exhibits 
herein referred to are marked as described and made part of this record. 

Abraham C. Berman, 

Notary Public. 


Boston, Mass., May 5, 1919. 
122575—19-24 



370 


TAGUE VS. FITZGERALD. 


Hon. PETER F. TAGUE, recalled: 

IMr. O’Connell. I suppose we better transfer this to the inner room. 

]Mr. Callahan. Why, I thought you were in favor of publicity. 

Mr. Bekman. Proceed, Mr. O’Connell. 

IMr. (j’CoNNELL. Mr. Notary, I respectfully request we adjourn to the adjoin¬ 
ing room, in order that this hearing may be expedited. 

Mr. Callahan. I don’t see where you are going to expedite it. You have 
one witness here. 

IMr. O’Connell. The experience has been we get through in the smaller room, 
get through quicker with the witnesses and do more work, and it is for your 
convenience and everybody’s else I am doing it. 

IMr. Callahan. I don’t agree that it is for my convenience- 

Mr. O’Connell. Mr. Tague is recalled, owing to the- 

Mr. Callahan. I desire to say that I come into this room under protest. I 
am the only one representing Mr. Fitzgerald. There are 45 Tague adherents at 
the door. 

Mr. Berman. That’s not true; all together, taking the witness, the news¬ 
paper men, the attorneys, and the stenographers. 

Mr. O’CoNNEi.L. Mr. Tague—will you give me that list, Mr. Goodwin? 

Mr. Tague, on account of the failure of the witnesses who were summoned 
to appear, I am going to ask you concerning the residence and the registration 
of these names, who have been certified as having voted in the tenth district by 
the election commissioners. 

Q. What do you say about John J. Dolan, who registered at the Hotel Ketterer, 
and certified as voting at the primary and election in ward 5, precinct 8?—A. 
John J. Dolan is a bartender at the Hotel Ketterer. No address given in the 
Boston Directory. 

IMr. Callahan. I object to this testimony, of course. 

Mr. Berman. Note Mr. Callahan’s objection. Proceed, Congressman. 

Mr. Callahan. I want to understand if this list is a personal investigation 
made by tbe Congressman. Won’t you ask Mr. Tague, for the purpose of the 
record ? 

Mr. Berman. You will have the right to cross-examination. 

Mr. Callahan. I question whether I will have the right to cross-examination. 
You told me that before, and I question that. You told me that in reference 
to the election commissioners, and when they got through you closed up, and I 
didn’t get a chance. 

Mr. O’Connell. I beg your pardon. 

Mr. Berman. I don’t think so. 

Mr. Callahan. You did. 

IMr. O’Connell. I think you had a chance. 

Mr. Callahan. If this is a question of veracity between you and Mr. Berman 
and myself- 

Mr. Berman. I don’t think that is right, Mr. Callahan. 

Mr. O’Connell. You will have full right to cross-examine, only let me ask 
the Congressman, with an objection, now. 

Mr. Berman. Note Mr. Callahan’s objection. 

Mr. Callahan. Do I understand you object to my ascertaining it, Mr. 
O’Connell? 

Mr. O’Connell. I do not; you will have full opportunity to ascertain every¬ 
thing. 

Q. What do you say about George R. Shanklin, who registered at the Merrill 
House, Cambridge Street, ward 5, precinct 8, and certified as voting at the 
State election?—A. George R. Shanklin is not in the Boston Directory at that 
address. He is in the Boston Directory and voting last year from 164 Com¬ 
mercial Street. 

Mr. Callahan. I submit the Congressman can’t testify unless he has looked 
these up. 

Q. Have you looked them up in the Boston Directory?—A. I have. 

Q. And the police lists?—A. I have. 

Q. And have you taken pains to find out as much as you can about these 
various men, yourself?—A. All these notes are in my own handwriting, taken 
by myself. 

Q. Made by yourself?—A. Yes. 

Mr. Callahan. Handwriting? That’s typewriting. 

Mr. Tague. Notes, I said. 





TAGUE VS. FITZGERALD. 


371 


Q. hat do you say about Patrick H. Kane, who registered at the Derby 
House, Caiubridge Street, and certified as voting at both the primary and the 
election from that address, ward 5, precinct 8?—A. That’s the only address 
I can fand. 


Q. Is he in the Boston Directory?—A. Yes. 

Q. Y hat do you say about Daniel Connors, who registered at the Derby 
House, Cambridge Street, ward 5, precinct 8, and certified as voting at both 
the primary and the election from that address?—A. He is at the same 
place. 

Q. ^\ hat do you say about Prank M. Frost, who registered at the Quincy 
House, Brattle Street, ward 5, precinct 9, and certified as voting at election 
11 om that address? A. Prank M. Frost is registered at the Quincy House; 
lives at 30 Magnolia Street, Dorchester. 

Q. Which is in the twelfth congressional district?—A. Yes. 

Q. What do you say about John A. McLaughlin, registered at the Quincy 
House, Brattle Street, ward 5, precinct 9, and certified as voting at both the 
primap^ and the election from that address?—A. John A. McLaughlin is a 
clerk in the assessing department, city hall, and lives in Melrose. 

Q. Melrose being a district outside of the city of Boston?—A. Yes, sir. 

Q. W hat do you say about Edward J. McManus, registered from the Quincy 
House, Brattle Street, ward 5, precinct 9, and certified as voting at the elec¬ 
tion from that address?—A. Edward J. McManus is not in the Boston 
Directory. 


Q. What do you say about Patrick H. Conley, who registered at the Quincy 
House, Brattle Street, and certified as voting at the primary and election 
from that address?—A. Patrick H. Conley is an inspector at North Grove 
Street for the city of Boston. I can’t find any address of his at all. 

Q. You can’t find any address in the Boston Directory ?-^A. No, sir. 

Q. What do you say about Walter I, Brown, who registered from the Hotel 
Commonwealth, Bowdoin Street, and certified as voting in the primary and 
election, in ward 5, precinct 9?—A. W^alter I. Brown is a city employee, engi¬ 
neer; last year voted from 6 Mount Vernon Place, which this year is ward 8. 

Q. W'hat do you say about Sylvester J. Twohig, registered from the Hotel 
Bowdoin, Bowdoin Street, ward 5, precinct 9, and certified as voting in the 
election?—A. Sylvester J. Twohig is a post-office clerk, and lives at West 
Somerville. 

Q. He is registered and certified-A. Hotel Bowdoin. 

Q. And he is certified as having voted on election day?—A. Yes, sir. 

Q. Ward 5, precinct 9?—A. Yes, sir. 

Q. What do you say about John B. McManus, registered from Hotel Cen¬ 
tral, Green Street, and certified as voting in the primary and election from 
ward 5, precinct 8?—A. He lives there as far as I can find. 

Q. What do you say about Ernest Waldron, registered from the Hotel Central, 
Green Street, and certified as voting in the primary and election from ward 
5, precinct 8?—A. The only address I can find in the voting list. 

Q. Is he in the Boston Directory?—A. No. 

Q. Wdiat do you say about John W. Norton, registered from the Hotel Royal, 
Court Street, and certified as voting at the election in ward 5, precinct 8?— 
A. John Wh Norton is in the Boston Directory at 349 Main Street, Charlestown. 

Q. That’s in another ward?-—A. Ward 3 of the tenth congressional district. 

Q. AVhat do you say about Timothy W. Corkery, registered from the Hotel 
Royal, Court Street, and certified as voting at the election in ward 5, precinct 
8?—^A. Timothy AAh Corkery is not in the directory. 

Q. Is he in the Boston Directory?—A. No, sir. 

Q. For this year?—A. Not this year or last year. 

Q. These names that you say are not in the directory, you mean they are not 
in the Boston Directory?—A. Boston City Directory. 

Q. For the current or last year?—A. Yes, sir. 

Q. That is 1918?—A. Seventeen and eighteen. 

Q. What do you say about Thomas Deeley, registered from Hotel Central, 
Green Street, and certified as voting at the election in ward 5, precinct 8?— 
A. No, sir. 

Q. Not in the Boston Directory?—A. No, sir. 

Q. What do you say about .Tohn McGowan, registered from 19 Causeway 
Street, Boston, and certified as voting at both primary and election in ward 
5, precinct 8?—A. John McGowan is not in the directory. 

Q. What directory?—A. Boston Directory. 



372 


TAGUE VS. FITZGERALD. 


Mr. Catxahan. Have yon a directory here so we can determine whether 
they are or not? 

Mr. O’Connell. No, sir. 

Q. What do you say about Henry F. Moran, registered at 19 Causeway Sti^t,. 
Boston, and certified as voting at the election in ward 5, precinct 8? A. He 

is not in the Boston Directory- . r, . 

Q. What do you say about Patrick Leonard, registered at 19 Causeway 
Street, Boston, and certified as voting at the election in ward 5, precinct 8. 

A. Not in the Boston Directory. , ^ 

Q. What do you say about Charles L. Smith, registered at the Hotel Ketteiet, 
Canal Street, Boston, and certified as voting at the election in ward 5, precinct 
S?_A. Charles L. Smith, the Boston Directory gives him as living in Everett. 
I telephoned out there and found he lives out there. 

Q. What do you say about Jeremiah E. Crowley, registered at 19 Causeway 
Street, Boston, and certified as voting at both the primary and election in 
ward 5, precinct 8?—A. Not in the Boston Directory. 

Q. What do you say about Patrick F. Halloran, registered at the Hotel Ket- 
terer. Canal Street, Boston, and certified as voting at the election in ward 5, 
precinct 8?—A. Not in the Boston Directory. He is a bartender at the Hotel 
Ketterer, but I can’t find out where he lives. 

Q. What do you say about John F. Lambert, registered at the Crawford 
House, Court Street, Boston, and certified as voting at both primary and elec¬ 
tion in ward 5, precinct 9?—A. John F. Lambert is from the supplementary 
police list, and registered on the supplementary list, and was not in the Craw¬ 
ford House, according to their reports, the 1st day of April. 

Q. On the police?—A. On the police list. 

Q. What do you say about Patrick T. Bowen, registered at the Crawford 
House, Court Street, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 9?—A. The Boston Directory gives Patrick T. 
Bowen as a mnchinist at the Boston Navy Yard, living at 53 Tufts Street, 
Charlestown. A cousin of Patrick Bowen, who keeps a hotel, and very much 
interested in Mr. Fitzgerald’s campaign. 

Mr. Callahan. Note my objection to comments of this kind. 

Q. What do you say about Charles V. Fitzgerald, registered at the Crawford 
House, Court Street, Boston, and certified as voting at both the, primary and 
election in ward 5, precinct 9?—A. Charles V. Fitzgerald is cashier in the 
Crawford House. The 1917 directory gives his address as Medford, Mass. 

Q. To the best of your knowledge, he lives in Medford, Mass.?—A. No knowl¬ 
edge except the Ibll"^ directory, which gives Medford, Mass. 

Q. To the best of your knowledge, he lives there?—A. Yes, sir. 

Q. What do you say about John Dick, registered at the Quincy House, 
Brattle Street, Boston, and certified as voting at both primary and election in 
ward 5. precinct 9?—A. John Dick is not in the Boston Director of 1917 or 
1918. He was registered from the supplementary list; not on the original 
police list. 

Q. Do you know who he is?—A. No, sir. 

Q. Do you know anything about what his occupation is—as to whether or not 
he is a labor leader?—A. John Dick is a labor leader, registered from the 
Quincy House, and does not live in Boston. 

Q. What do you say about Patrick J. Sheehan, registered at the Quincy 
House, Brattle Street, and certified as voting at the primary and election in 
ward 5, precinct 9?—A. The Boston Directory gives Patrick J. Sheehan as an 
engineer, living at 15 Hemlock Street, Roxbury. 

Q. In Mr. Tinkham’s district?—A. Tinkham’s district. 

Mr. Callahan. Is that the only Patrick J. Sheehan in town? 

Q. What do you say about Daniel J. Shea, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at both the primary and elec¬ 
tion in ward 5, precinct 4?—A. Daniel J. Shea is not in the Boston Directory 
for 1917 or 1918. 

Q. What do you say about Edward J. O’Brien, registered at the Hotel 
Lucerne, Causeway Street, Boston, and certified as voting at both the primary 
and election in ward 5, precinct 4?—A. The Boston Directory gives Edward J. 
O’Brien as a clerk in the mailing division of the post office, living in Malden. 

Q. Malden is a city outside of Boston?—A. Malden is a city outside of Boston. 

Q. What do you say about John J. Quain, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as having voted at both primary and 
election in ward 5, precinct 4?—A. John J. Quain is not in the Boston Direc- 


TAGUE VS. FITZGERALD. 


373 


toiy, but I have him and I will pick him out in a short while from this list 
here [indicating another list]. 

Q. What do you say about Thomas Linehan, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 4?—A. Thomas Linehan is not in the Boston 
directory of 1917 or 1918. 

Q. hat do you say about Edward L. Flynn, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at the election in ward 5, 
precinct 4?—A. Not in the Boston directory of 1917 or 1918. 

Q* What do you say about P''rank J. Henick, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 4?—A. Frank J, Henick is not in the Boston 
directory for 1917 or 1918, 

Q. What do you say about George W. Cohan, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 4?—A. George W. Cohan is not in the Boston 
directory for 1917 or 1918. 

Q. What do you say about Charles K. Di Fatta, registered at the Hotel 
Lucerne, Causeway Street, Boston, and certified as voting at the election in 
ward 5, precinct 4?—A. Charles K. Di Fatta is not in the Boston directory 
either year and was challenged on election day. 

Q. What do you say about William H. Hennessey, registered at the Hotel 
Itossmore, High Street, Boston, and certified as voting at the election in ward 
5. precinct 9?—A. William H. Hennessey is not in the Boston directory, but 
lives in Revere. 

Q. Revere is a city outside of Boston?—A. Yes. 

Q. And a different congressional district?—A. Yes. 

Q. What do you say about George Poggi, registered at Hotel Rossmore, 
High Street, Boston, and certified as voting in ward 5, precinct 9? He testi¬ 
fied.—A. George Poggi is a bartender, works at 130 Broad Street, living at 50 
Pleasant Park Road, Winthrop. 

Q. He is certified as voting at the primary and election?—A. Yes, sir. 

Q. What do you know about Maurice Goldberg, registered at 128 Court 
Street, and certified as voting at the election in ward 5, precinct 9?—A. He is 
not in the Boston directory, living at the Higgins Hotel; but Maurice Goldberg 
living at Malden, Mass., is the only one in the Boston directory. 

Q. What do you say about William H. Kelley, registered at the Crawford 
House, Court Street, Boston, and certified as voting at the election in ward 5, 
precinct 9?—A. William H. Kelley is given in the Boston directory as an 
automobile agent, living at 17 Maywood Street, Roxbury. 

Q. Mliat do you say about Thomas W. Lucas, registered at the Rossmore 
Hotel, High Street, Boston, and certified as voting at the election in ward 5, 
precinct 9?—A. Thomas W. Lucas was not in the Boston directory either year; 
is a bartender at the Rossmore and lives in Revere. I have known him a 
great many years. 

Q. What do you know about Dennis J. Leary, registered at the Crawford 
House, Court Street, Boston, and certified as voting at the election in ward 5, 
precinct 9?—A. Dennis J. Leary is not in the 1917 or 1918 Boston directory. 

Q. AVhat do you know about Fred L. Ross, registered at 113 High Street, 
Boston, and certified as voting at election in ward 5, precinct 9?—A. No. 113 
High Street is a point down in the business section of the city ; no room for 
lodgers; if he registered from that place it is where he is employed. 

Q. AVhat do you know about George L. Sullivan, registered at the Crawford 
House, Court Street, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 9?—^A. George L. Sullivan is in the Boston direc¬ 
tory as living at Somerville; is a liquor dealer. 

Q. AATiat do you know about Patrick .T. Kane, registered at Hotel Central, 
Green Street, and certified as voting on both primary and election day in ward 
5, precinct 8?—A. Patrick .1. Kane is not in the directory of 1917 or 1918, 
but has a record of voting in AA^altham last year. 

Q. And AA'altham is a city outside of Boston?—A. Yes, sir. 

Q. AATiat do you know about Bartholomew J. Hegarty, registered at the 
Hotel Central, Green Street, Boston, and certifietl as voting at both the pri¬ 
mary and election in ward 5, precinct 8?—A. Bartholomew J. Hegarty is a 
clerk in the North Postal station; the Boston directory gives him living in 
Somerville, Mass., which is outside of the tenth congressional district. 


374 


TAGUE VS. EITZGERALD. 


Q. What do you say about Richard J. Kaveney, registered at Hotel Cen¬ 
tral, Green Street, Boston, and certilied as voting at the election in ward 5, 
precinct 8?—A. Richard J. Kaveney is a lock tender on the new Charles 
River bridge. His Boston address is given as 9 Temple Street, which is in 
ward 8—the twelfth congressional district. 

Q. What do you say about George W. Nash, registered at Hotel Central, 
Green Street, Boston, certitied as voting at both primary and election in ward 
5, precinct 8?—A. George W. Nash is not in the Boston Directory of 1917 or 
1918. 

Q. What do you say about Harry Swartz, registered at the Hotel Royal, 
Court Street, Boston, and certitied as voting at both primary and election in 
ward 5, precinct 8?—A. Harry Swartz is a photographer at No. 148 Court 
Street, and lives in Brookline. 

Q. Brookline is a town outside of Boston?—A. Yes, sir. 

Q. Where the wealthy people live. What do you say about Martin F. Lee, 
registered at Hotel Royal, Green Street, Boston, and certitied as voting at 
both primary and election in ward 5, precinct 8?—A. The Boston Directory 
gives Martin F. Lee as a roofer, living at No. 17 South Russell Street, which is. 
in Congressman Tinkham's district. 

Q. What do you say about Luke D. McDermott, registered at the Lincoln 
House, Causeway Street, Boston, and certitied as voting at both the primary 
and election in ward 5, precinct 8?—A. The Boston Directory gives Luke D. 
McDermott as manager of that hotel. 

Q. What do you say about James J. McNulty, registered at the Lincoln 
House, Causeway Street, Boston, and certitied as voting at both primary and 
election in ward 5, precinct 8?—A. The Boston Directory gives James J. 
McNu'lty as a clerk in the mailing division, Boston post office, living at 
Beachmont. 

Q. Brother of Pat McNulty?—A. Brother of Pat McNulty, formerly in the 
street department of Boston, voting from No. 33 Lynde Street, living in 
Beachmont. 

Q. One of the chief members of the Hendricks Club?—A. Sure; at precinct 
8 on election day, a lieutenant of Mr. Lomasney. 

Q. What do you say about Henry A. Burke, registered at the Derby House, 
Cambridge Street, Boston, and certified as voting at election in ward 5, pre¬ 
cinct 8?—A. Not in the Boston Directory. Mr. Burke is a machinist, living 
in Cambridge last year. 

Q. What do you say about Samuel A. Thomas, registered at the Derby 
House, Cambridge Street, Boston, and cei'tified as voting at both primary and 
election in ward 5, precinct 8?—A. Samuel A. Thomas is not in either the 
1917 or 1918 directory. He was registered from the supplementary police list, 
not on the police list on April 1. 

Q. What do you say about William C. Whaley, registered at Hotel Central, 
Green Street, Boston, and certified as voting at both primary and election in 
ward 5, precinct 8?—A. He was here yesterday and testified he was a clerk 
there, and the directory gives him at that address. 

Q. What do you say about Louis Locke, registered at the New England 
House, and certified as voting at the election in ward 5, precinct 8?—A. Louis 
Locke is a marketman in the Quincy Market. He testified that he lived at the 
New England Plouse. 

Q. What do you say about Thomas Walsh, registered at Hotel Central, 
Green Street, Boston, and certified as voting at election in ward 5, precinct 
8?^—A. Nothing for him in the directory for 1917 or 1918. 

Q. What do you say about Harold M. Whaley, registered at Hotel Central, 
Green Street, Boston, certified as voting at election in ward 5, precinct 8?—A. 
The directory gives his address there. 

Q. What do you say about Thomas J. IMurphy, registered at the Qunicy 
House, Boston, and certified as voting at both )u-imary and election in ward 5, 
precinct 9?—A. He testified yesterday he lived there. 

Q. What do you say about Michael Duffy, registered at Hotel Bowdoin, 
Bowdoin Street, Boston, and certified as voting at both primary and election 
in ward 5, precinct 9?—A. Michael Duffy is an inspector in the sewer depart¬ 
ment, city hall annex, which is his office. There is no other address in the 
Boston Directory. He does not live at the Hotel Bowdoin. 

Q. What do you say about William J. Murphy, registered at the Quincy 
House, Brattle Street, Boston, and certified as voting at election in ward 5, 
precinct 9?—A. He testified in his own behalf a day or two ago. 


XAGUE VS. FITZGERALD. 


375 


>-esistere,l at the Qmney H,.use, 


ill ward 
for 1918. 


precinct 9?—A. An- 
He was in the 1917 


Yes. A clianffenr in 1917: and 


I^oston and certified as voting at the election 
tonio Kaneri is not registered in the directory 
dii^ctory as a clianffenr, and lives in Medford! 

g. .Aledford is a city outside of Boston?—A 
lived there several years. 

at the Quincy House, 

■ieV ..f til' xr'.., Bp.ston directory gives Edward A. Skelly as a letter car- 
< e Noith Station Post Office. He lives at 44 Dana Street, Cambridge. 




I 

in 


Bnlfinr-ll^ ^ / ^ Joseph Cosgrove, registered at Hotel Rexford, 

nrec ct 9^—A ^^oston and certified as voting at the election in ward 5, 
liecinct 9 A. Joseph Cosgrove is not in the directory of 1917 or 1918 

beii ColnVsp-AoV Stephen P. Carlin, registered at the Hotel Heidel- 

in ward 5 imd certified as voting at both primary and election 

''‘ll’i 9?—A. He IS not in the directory of 1917 or 1918. 

foial Rmfinrm about Dennis P. McCarthy, registered at Hotel Rex- 

^ ^ Place, Boston, and certified as voting at both priniarv and 

Q. IVhat do yon say about Sainnel Rinning, registered at the Windsor Hotel, 
Boyydoin Street, Boston, and certified as voting at the election in 
precinct 9?—A. Samuel Rinning is not in the Boston directory for 1917 

J ^ Lo« 


ward 5, 


or 


T> about Moses Caplan, registered at the Quincy House, 

Brattle Street, Boston, and certified as voting at both the primary and election 
in ward 5, precinct 9?—A. The Boston directory of 1917 gives Moses Caplan 
as a lawyer, living at 35 Hancock Street, not in the district. Hancock Street 
IS outside of the district. 

Q. IVliat do you say about Joseph Riley, registered at IMung’s Hotel, Boston, 
and certified as voting at both primary and election in ward 5, precinct 9?— 
A. Joseph Riley work.s in the courthouse, a clerk, is a relation of Joseph 
Bomasney, and lives with his sister in Brighton. I have got it here; I will 
give it to you later. 

Q. You ought to give it now?—^A. I would rather give it to vou later, if I 
can. 

Q. You better give it now?—A. I will give it later. 

Q. All right. IVhat do you say about John R. Murray, registered at the 
United States Hotel, Beach Street, Boston, and certified as voting at hotli 
primary and election in ward 5, precinct 9?—A. .John R. Murray is "an officer, 
a clerk at the courthouse, and lives in Brighton. 

Q. IVhat do you say about .John G. Walsh, registered at the Commonwealth 
Hotel, Bowdoin Street, and certified as voting at both primary and election 
in ward 5, precinct 9?—A. The Boston directoi-y of 1918 gives .John G. Walsh, 
a chiropodist, at 23 Tremont Street, living in Everett. 

Q. What do you say about Charles T. Cogan, registered at Hotel Bow¬ 
doin, Bowdoin Street, Boston, and certified as voting at both primary and elec¬ 
tion in ward 5, precinct 9?—A. The Boston directory of 1917 gives Charles T. 
Cogan as a crew dispatcher, living in Winchester. 

Q. IVhat do you say about Joseph McDonough, registered at Windsor Hotel, 
Bowdoin Street, Boston, and certified as voting at both primary and election in 
ward 5, precinct 9?—A. Joseph IMcDonough is not in the Boston directory of 
1917 or 1918. He is listed from the supplementary list and police voting list. 

Q. Al'hat do you say about John E. Duffy, registered at Hotel Imcerne, Cause¬ 
way Street, Boston, and certified as voting at election in ward 5, precinct 4?— 
A. John E. Duffy is not in the directory of 1917 or 1918, the Boston directory. 

Q. What do you say about Raymond J. Cass, registered at the Revere House. 
Bowdoin Scpiare, Boston, and certified as voting at the primary in ward 5, 
precinct 9?—A. Raymond J. Cass is not in the Boston directory of 1918. IVas 
in the Somerville directory and voted in Somerville last year, 1917. 

Q. What do you say about Thomas A. McCarthy, registered at the Quincy 
House, Brattle Street, Boston, and certified as voting at both primary and 
election in ward 5, precinct 9?—A. He testified here the other day. 


376 


TAGUE VS. FITZGERALD. 


Q. What do you say about Charles J. McCarthy, registered at the Quincy 
House, Brattle Street, Boston, and certified as voting at both primary and 
election in ward 5, precinct 9?—A. He testified here. 

Q. What do you say about .John .7. McCarthy, registered at the Quincy House, 
Brattle Street, Boston, and certified as voting at both the primary and the 
election in ward 5, precinct 9?—A. He testified. 

Q. What do you say about Albert I. Davis, registered at the Quincy House, 
Brattle Street, Boston, and certified as voting at both the primary and elec¬ 
tion in ward 5, precinct 9?—A. Albert I. IMvis lives at 116 Brown Street, 
Brookline, salesman for the Van Nostrand brewery, in Charlestown, in which 
John F. Fitzgerald’s brother James is very much interested. 

Q. What do you say about Timothy F. Corey, registered at the Hotel Tou- 
raine, and certified as voting at the election in ward 5, precinct 9?—A. Was a 
liquor dealer at 235 Tremont Street; since election he has died. He lived at 
27 Monroe Street, Somerville. 

Q. Is that all?—A. His wife said the Touraine Hotel was his legal residence. 
He had to live in Boston from last day of March to the 1st day of May on ac¬ 
count of his business. His wife’s name is Sarah F. Corey. 

Q, What do you say about Timothy F. Daly, registered at the Hotel Windsor, 
Bowdoin Street, and certified as voting at the election in ward 5, precinct 9?— 
A. Timothy F. Daly is not in the Boston Directory of 1917 or 1918. 

Q. What do you say about William J. Murphy, registered at the Quincy 
House, Brattle Street, Boston, and certified as voting at election in ward 5, 
precinct 9?—A. He testified in his own behalf. 

Q. What do you say about Mathias H. Casey, registered at the Revere 
House, Bowdoin Square, Boston, and certified as voting at both the primary 
and election in ward 5, precinct 9?—A. He is-not in the Boston Directory this 
year. Last year he registered from 2 Eaton Street. 

Q. What do you say about Hubert W. Bolan, registered at the Revere House, 
Bowdoin Square, and certified as voting at both the primary and election in 
ward 5, precinct 9?—A. He is not in the 1917 or 1918 Boston Directory. 

Q. What do you say about Stephen J. Casey, registered at the Revere House, 
Bowdoin Square, Boston, and certified as voting at l)oth the primary and elec¬ 
tion in ward 5, precinct 9?—A. He is not in the directory for 1918, Last year 
he was in the directory at 2 Eaton Street, West End. 

Q. What do you say about .Tames H. Cronin, registered at the Revere House, 
Bowdoin Square, and certified as voting at the election in ward 5, precinct 9?— 
A. James H. Cronin was not found in the directory, but a prison officer, said to 
live in Revere. 

Q. AVhat do you say about William H. Hart, registered at the United States 
Hotel, Boston, and certified as voting at the election in ward 5, precinct 9?— 
A. William H. Hart is a clerk in the North Station post office, and lives in 
Winthrop. 

Q. What do you say about Robert 1 j . Wiseman, registered at 54 Howard 
Street, Boston, and certified as voting at the election in ward 5, precinct 9?—• 
A. Robert L. Wiseman, 54 Howard Street, has been closed for some time. All 
mail sent thei*e has been returned. RobeiT 1 j . Wiseman in the directory for 
1917 his home address is given as 54 Astor Street and the Boston Directory 
for 1918 as 69 Batavia Street, which is not in the district. 

Q. What have you to say about Thomas S. Sullivan, registered at 54 Howard 
Street, Boston, and certified as voting at the election in ward 5, precinct 9?—■ 
A. Same thing applies at 54 Howard Street, where he is registered. The Boston 
Directory gives him at 14 Derne Street, which is not in the district. 

Q. What have you to say about John W. Riley, registered at 54 Howard 
Street, and certified as voting at the election in ward 5, precinct 9?—A. It is 
the same place, 54 Howard Street. The Boston Director gives him as living 
at 133 Eastbourne Street, Brighton. 

Q. What have you to say about Joseph F. Howard, registered at 177 Endl- 
cott Street, Boston, and certified as voting at both the primary and election 
in ward 5, precinct 3?—A. I haven’t anything on the man at all. I let him 
get by me. 

Q. What do you say about Alfred R. Rudd, registered at 177 Endicott Street, 
Boston, and certified as voting at both the primary and election in ward 5, 
precinct 3?—A. Alfred R. Rudd registered from 177 Endicott Street, and lives 
at 41 Batavia Street, suite 9; formerly lived at 93 Belvidere Street, suite 4; is 
a machinist—at least, a forger—working in the Boston Navy Yard. 


TAGUE VS. FITZGERALD. 


377 


Q. What do yon say about William A. Farrell, registered at 93 Endicott 
Street^ Boston, and certified as voting at both the primary and the election in 
A\aid 5, precinct 3? A. The Boston Directory gives William A. Farrell as liv¬ 
ing at 39 'W ashington Street, Charlestown, living with his sister, and he works 
nt the Victory Plant, 

Q. What do yon say about Michael .T. Bonner, registered at 93 Endicott 
Street, Boston, and certified as vofing at both the primary and election in ward 
5, precinct 3? A. Michael .T. Bonner lives with his mother at 12 Mount Vernon 
Street, CharlestoAvn. a bartender. 

Mr, Callahan, In the district? 

The Witness, Yes, 

Q, What do yon know about Thomas F, Coffey, registered at 38 AVendell Street, 
Boston, and certified as voting at the election in ward 5, precinct 9?—A, He is 
given as living at 23 Monument Street, Charlestown; is a bartender at 36 
Wendell Street, 

Q, What do you know about Martin A, O’Hara, registered at 66 Bowdoin 
Street, Boston, and certified as voting at both the primary and election in ward 
5, precinct 9?—A, Martin A, O’Hara is a police officer at station 3 and lives 
at 200 Dudley Avenue, Roslindale. 

Q, Outside of your district?—A, Yes, 

Mr, O’Connell, I wash you would call attention to that fact, when a man 
is outside of your district, 

Mr, Callahan, When he is in the district, 

Q, What do you know about Richard A, Nagle, registered at 54 Howard 
Street, Boston, and certified as voting at the election in ward 5, precinct 9?— 
A, The Boston Directory of 1917 gives Richard A. Nagle as a contractor, 
living at 105 Bowdoin Street, Dorchester, Is not in the Boston Directory for 
1918, It is the same 54 How’ard Street, 

Q, What do you know about Jobn McGrath, registered at the United States 
Hotel, Beach Street, Boston, and certified as voting- at election in ward 5, 
precinct 9?—A, I will give you that when I get the records I have in mv papers 
here, 

Q, What do you know about Thomas D, Hallahan, registered at 54 Howard 
Street, Boston, and'certified as voting at election in ward 5, precinct 9?—A. 
He is a plumber registered at 54 Howard Street, which is closed up. The 
Boston Directory for 1917 and 1918 give his address at 8 Idlewild Street, 
Allston. By the way, he is not in the district. 

Q. What do you know about Cornelius Driscoll, registered at 54 Howard 
Street, Boston, and certified as voting at both the primary and election in 
wmrd 5. precinct 9?—A. Cornelius Driscoll is not in the Boston Directory for 
1917 or 1918. 

Q. What do you know about Jobn J. Scanlan, registered at the Revere House, 
Bowdoin Square, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 9?—A. His name is not in the Boston Directory. 
He was said to be the proprietor of the Hotel Windsor last year, and was 
registered from the Hotel Windsor. 

Q. What do you say about William E. Ryan, registered at the Revere House, 
Bowdoin Square, Boston, and certified as voting at the election in ward 5, pre¬ 
cinct 9?—A. William E. Ryan is manager of the New England Reed Co., wffiich 
is over the Hendricks Club on Green Street. He is registered from the Revere 
House. I could get no information direct, except that he lived in either Win¬ 
chester or Woburn. 

Q. What do you know about Dennis Reardon, registered at the Revere House, 
Bodwmin Square, and certified as voting at both primary and election in ward 5, 
precinct 9?—A. Dennis Reardon is a letter carrier, living at 40 Cobden Street] 
Roxbury. 

Q. Outside of the district?—A. That is outside of the district. 

Q. What do you know about Frank P. Leslie, registered at the Revere House, 
Bowdoin Square, and certified as voting at both primary and election in ward 5, 
precinct 9?—A. Frank P. Leslie is not in the Boston Directory for either 1917 
or 1918. 

Q. What do you know about Thomas Lawton, registered at the Revere House, 
Bowdoin Square, Boston, and certified as voting at both the primary and elec¬ 
tion in ward 5, precinct 9?—A. He is not in the Boston Directory for 1917 
or 1918. 

Q. What do you know about Michael J. Lafferty, registered at the Revere 
House, Bowdoin Square, Boston, and certified as voting at both primary and 


378 


XAGUB VS. FITZGERALD. 


election in ward 5, precinct 9?—A. He is not in the Boston j^j^i-^tor 

In the 1917 he is registered from 11 Adams Street, Charlestown, fo y 

a collector in the Boston fire department. T>r.vprp Hoime 

V, Q. What do you know^ about John B. Henick, registered at the ; 

Boston, and certified as voting at the erection in ward , 

1917 directory give him a clerk in the mailing division of the office, and 
living in Malden. The United States Directory gives him as being in tie 

United States Army. i n over a 

Q. What do yon know about Austin T, Fitzger.ald, repsterwl at the Re'eie, 

House, Boston, and certified as voting at election in ward 6, piecmct 9. A. 

information on him. ... * cs, ol otiu 

Q. MJiat do you know' about Henry T. Cotter, 1 A Shai’on 
certified as voting at the primary in ward 6, precinct 7? A. Heiiiy T. Cottei 
w'as one of the soldiers wdiose names were submitted to the ballot law' commis¬ 
sion, upon whom they made a report that his name w'as voted upon and he 
w'as in the service. 

Mr. Caluahan. Isn’t that a matter of record? , , vf a.-o 

Q. What do you know' about John L. Curry, registered at 469 Shawmut A\e- 
nue, Boston, and certified as voting at the primary in ward 6, precinct S. 

Mr. Goodw'in. I might say that all these names were on the list that w'e are 

^'ettin*'" dow'ii. 

Q. John L. Curry, registered at 469 Shawmiiit Avenue, Boston, and certified as 
voting in the primary in w'ard 6, precinct 8, w'as a name having been ’^otec 
upon w'hile he was in the service. John J. How'ell, registered at Washing¬ 
ton Street, Boston, and certified as voting in the primary in ward 6, precinct 5, 
was a name having been voted upon in the primary while he was in the sei vice. 
Mr. CALLA.HAN. I doii’t suppose you can go on with that list, reading it in, 

unless it is to aid the witness. i 4 -i 

Q. Mull you please read the names of those men who were certified by the 
election commissioners as having voted, and whom you know were in the serv¬ 
ice, and whose names W'ere brought before the ballot law commission as voted 
on in the primary. 

Mr. Callahan. Isn’t that all in from the documents submitted by Mr. Cun¬ 
ningham? I w'ill leave that to Mr. Harrington, isn’t that so? 

Mr. Hakkington. I don’t think so. 

INIr. Callahan. That’s in the evidence as having voted; they are certified as 
having voted. It is in for wdiat it is worth, 
yir. Hakkington. We w'ant to identify them. 

IMr. Goodw'in. Is that certified by the election commissioners as having voted 


in the primar.v? ... 

Mr. Callahan. The election commissioners have already certified and that is 

the exhibit. 

Mr. Goodwin. Read. 

A. John J. How’ell, 1435 IVashington Street, wTis in the Army, and his name 
W'as voted on in the primary. Jerome P. Crow'ley, 8 Asylum Street, w'ard 6, 
precinct 2, w'as in the Army and his name w'as voted on. John P. Dow'ney, 16 
East Dedham Street, ward 6, precinct 6, was in the Army and his name w'as 
voted on in the primar.v. 

Mr. Callahan. Before the Congressman goes any further I want my ob.iec- 
tibn noted to the admissibility of this evidence because it is not evidence, and 
that is all in already and he is reading from a list that is already in. 

Mr. Berman. I understand it is all objected to. 

Mr. Callahan. This is only susceptible to proof by other records, and not by 
information given by the Congressman. 

The Witness. I might say that every one of these names I am reading I 
have also gone to the War Department and the Navy Department and have a 
certification of all of them and will furnish that also. 

Mr. Callahan. Haven’t you put in all the communications you received from 
the War Department? 

Mr. Goodwin. You need not answer that. 

INIr. Callahan. Why not? 

Mr. Goodwhn. Because he is my witness at the present time. 

INIr. Berman. You will have a chance to cross-examine. Proceed. 

IMr. Callahan. I w'anted to get a little information. I don’t want to cross- 
examine. 

A. IValter J. Ring, Hotel Langham, Washington Street, Boston, ward 6, pre¬ 
cinct 9, his name w'as voted on in the primary and he was in the United States 


TAGUE VS. FITZGERALD. 


379 



r L- «i-ossman:9 K^nlJanf ‘Boston 

fesumom prSeme<Tha^o%'::'V' «"« Na’v"“‘^^lfe 

Mr c JriAHrN^ Do that clay. 

The AVitoess" T eooihipvy^^^^'.^estimony now better than that? 

States but he wosmni !^ f ^ testimony in saying that lie was not in the United 

bs wav^’acvol.";:: - 

Ml. Callahan. I wish ever.vthiiig in the records accurate. 


Uihted^Sta*'tet'A^”®'’®®T?“''^‘^ "’ard 5',‘precinct 4, was ii 

United States Ariii.v in Prance, and his name was voted on. He ii ti e s 

James Jriel, ot the Hendricks Club. Josenli H Cmiifim av 


in the 

P A Hendricks Club. Josepli H. Graham, 37 Billerica^ Street^ 

Boston, Maid o, precinct 4, was in the United States Navy His name wo<? 
voted on in the primary. He is the son of Janies Gralmnr of The Hench-icks 

Davis, 27 Lowell Street, Boston, \vard 5, precinct 4 was voted on 
in the election, and he was in the Army. ’ precinct 4, was ^oted on 

IMr. CalLaVhan. Election or primary? 

The AVitness. Primary, primary. 

A. Joseph Goldman, 30 Oneida \street, Boston, vmrd 6, precinct 2 his name 
Mdn at thls^poVnt^^r Army. [List read byMr.Good- 

Charles F. Gallagher, registered at Hotel Ket- 
teier. Canal Street, Boston, and certified as voting in both the election and 
primaij in ward 5, precinct 8?—A. Registered from the Hotel Haymarket_ 

I^etterer, as gas inspector for the city of Boston. He lives 
at 42 Beach Road, AVinthrop. 

Q. AVhat do you know about Edward .T. Mulvihill, registered at 31 Lynde 
Street, Boston, and certified as voting at both the primary and election in ivard 
o, precinct 8? 

Q. AVhat do you know about John S. Moylan, registered at rear 14 Causeway 
Street, Boston, and certified as voting at both primary and election in ward 5 
precinct 4 ? ’ 

Mr. Callahan. If you don’t know anything, I don’t think you ought to 
ansM^er. I don’t think you ought to look at the records. 

The AVitness. I know all about these boys. There are so many you can’t 
keep them in your mind; when you get up to 1,000 you can’t keep theni all . 

A. .John S. Moyland registered as living at rear 14 Causeway Street, and he 
lives at 128 AValnut Avenue, Revere. Lived in this house for three years, mar¬ 
ried, clerk at 35 Lancaster Street, Boston, one son 21 years old, named Timothy 
B. Mo.vlan, now in the United States service. 

Q. Revere is in the- A. In the ninth congressional district. 

Q. Not in your district?—A. No, sir. 

Q. AATiat do you know about John F. Meehan, registered at the Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at both the primary and elec¬ 
tion in \vard 5, precinct 4?—A. John F. Meehan registered at the Hotel Lucerne, 
living at 1260 Dorchester Avenue, in the twelfth congressional district. He is 
single, ivent into the Navy May 29, 1918, mustered out January 10, 1919. He 
testified before the ballot-law commission that he voted on that day. He has 
lived at 1260 Dorchester Avenue since February, 1918. He formerly lived at 
284 Hancock Street, Dorchester, for a year and a half. 

Q. AVhat do you know about Sylvester O. De Rosay, registered at the Hotel 
Lucerne, Causeivay Street, Boston, and certified as voting at both the primary 
and election in ward 5, precinct 4?—A. Nothing. 

Q. AA'hat do you know about James F. Brown, registered at the Hotel Lucerne, 
Causeivay Street, Boston, and certified as voting at the election in ward 5, 
precinct 4 ?—aA. There is no James F. Broivn living at the Hotel Lucerne and 
registered in the Boston Directory of 1917 or 1918. 

Q. AVhat do you knoAv about John Hurley, registered at the Hotel Lucerne, 
Causeway Street, and certified as voting at both the primary and election in 
Avard 5, precinct 4?—A. There is no John Hurley at the Hotel Lucerne in the 
Boston Directory of 1917 or 1918. 

Q. AVhat do you know about Daniel J. Sullivan, registered at the Hotel 
Lucerne, Causeway Street, and certified as voting at both primary and election 
in ward 5, precinct 4?—A. No Daniel J. Sullivan in the Boston Directory of 
1917 or 1918 living in Boston. 




380 


TAGUE VS. FITZGERALD. 


Q. What do you know about .Tames .T. Lavin, registefed at the l^mcoin House, 
Causeway Street, Boston, and certified as voting at both primary and election 
in ward 5, precinct 8?—A. .James .T. Lavin, registered at the Lincoln House, 
lives at 28 Rodman Street, .Jamaica Plain, 40 years old, two children, one Rita, 5, 
and the youngest 3 years. Owned the house 28 Rodman Street since March, 
1915, been employed by the city of Boston 15 years, worked at the North Grove 
Street yard. 

Q. Is that in the congressional district?—A. His home is not in' my congres¬ 
sional district. 

Q. What do you know about Peter Dukelow, registered at 19 Causeway 
Street, Boston, and certified as voting at both primary and election in ward 5, 
precinct 8 ? 

Mr. Callahan. He has testified. 

A. I also want to call attention to the fact that his boarding mistress, Mrs. 
Donovan, testified he lived in Prospect Street, and that is where he lives. 

Q. That is in your district?—A. Yes; but not in ward 5. 

Q. What do you know about Michael P, Durant, registered at 37 Billerica 
Street, Boston, and certified as voting at both the primary and election in ward 
5, precinct 4?—A. Michael F. Durant registered at 37 Billerica Street, in the 
house owned by .James Graham, of the Hendricks Club, formerly lived at 84 
Washington Street, Somerville, and engaged in the barrel business over there. 

Q. How long?—A. I don’t know just how long. 

Q. What do you know about Bartholomew J. McGowan, registered at the 
Lincoln House, Causeway Street, Boston, and certified as voting at the elec¬ 
tion in ward 5, precinct 8?—A. Bartholomew J. McGowan, registered at the 
I^incoln House, lives at 117 Williams Street, Roxbury ; is married, and has a 
girl over a year old. 

Q. Is that in your district?—A. No, sir; outside. 

Q. What do yon know about Frank G. Smith, registered at Hotel Royal, 
Court Street, and certified as voting at the election in ward 5, precinct 8?— 
A. He is not in the Boston Directory of 1917 or 1918 from the Hotel Royal, 

Q. What do you know about Daniel .1. Crowley, registered at 19 Causeway 
Street, Boston, and certified as voting at both primary and election in ward 
5, precinct 8?— 

Q. Wliat do you know about Moses Krovitz, registered at Hotel Lucerne, 
Causeway Street, Boston, and certified as voting at both the primary and 
election in ward 5, precinct 4?—A. Moses Krovitz is not on list here regis¬ 
tered at the Hotel Lucerne. He lives at 71 Myrtle Street, which is not 
in the district; is a bartender in the Evans Hotel, corner of Charles and Cam¬ 
bridge Streets; formerly lived at 98 Myrtle Street; moved to 71 Myrtle a year 
ago. Myrtle Street is not in the district. 

^ EECESS. 

Q. What do you know about Edward D. O’Dwyer, registered at 382 Hanover 
Street, Boston, and certified as voting at both primary and election in ward 5, 
precinct 1?—A. The only Edward D. O’Dwyer in the Boston Directory of 1917 
and 1918 lives at 25 Brook Avenue, Roxbury, which is not in the district. It 
is in the twelfth district. 

Q, What do you know about John J^. Smith, registered at 19 Causeway Street, 
Boston, and certified as voting at the election in ward 5, precinct 8?—A. .John 
L. Smith is not in the Boston Directory of 1917 or 1918. 

Q. What do you know about Francis W. Quinlan, registered at 18 Lynde 
Street, Boston, and certified as voting at both the primary and election in 
ward 5, precinct 7?—A. Fie was warden in ward 5, precinct *4, when the emer¬ 
gency box was used. 

Q. Sure it was ward 5, precinct 4 or 5?—A. Four. 

Q. What do you know about Philip J. Doherty, registered at the l^incoln 
House, Causeway Street, and certified as voting at the election in ward 5, 
precinct 8?—A. Philip J. Doherty, registered at the Lincoln House, is a plumher; 
not in the Boston Directory for 1917 or 1918. 

Q. What do you know about Frank J. Gibbons, registered at 102 Staniford 
Street, Boston, and certified as voting at both primary and election in ward 
5, precinct 8?—A. He testified. 

Q. What do you know about James E. McGonagle, jr., registered at the Mer¬ 
rill House, Cambridge Street, Boston, and certified as voting at both the 
primary and election in ward 5, precinct 8?—A. James E. McGonagle, jr.. reg- 


TAGUE VS. FITZGERALD. 


381 


ih‘erat“l3'’Bl;;Lr"Jreef ^ ^ Boston post office. 

1 ^ *"• which is not in the tenth congressional 

( Wha? 1 s^osed to be owned by Martin M. Lomasne? 

street Boston, and ,s\-oUug®;t ffie‘registered at 30 Causeway 

A Tho T^- as \oting at the election in ward 5, nrecinct 4*?__ 

Charlestown. S"*'® Neil E. Callahan as living at 7 Manstleld Place, 

Mr. Callahan, In the district “i* 

The Witness. Outside of ward's 

Mr. B^man. Do you know his business? 

n Vienna, from which he registered, 

g. Wliat do you know about Thomas McHugh, registered at 44 Cooner Street 
Boston,^ and certified as voting at election in^vard” 5, precitt 3^-r No^bhig 

Q. AVhat do you know about Robert 0. Smitli, registered at the Revere 

”'Z"cinct OvLT TurBoi"" election in ward 

lUissrfl ShrcPt f?" ^"■eelo‘‘y Sl^es Robert C. Smith at 34A South 

Kiisseii^ Stieet, which is not in my congressional district. 

Q. Uhat do you know about John Lomasney, registered at the Hotel BowMoin 
^ti-eet, ami certified as voting at both the election and the primarv in 

Lomasney, registered at the Hotel Bowdoin • 
li\es at <9 St. Alphonus Street, Roxbury ’ 

It ‘lift outside the district?—A. That is outside the district. 

g. What clo you knowt about Leo Spelman, registered at the Hotel Lucerne 

waiTs ^nrerim^’dr “t® Pt'i“ary and election in’ 

at 344’vine Spelniaii, registered from the Hotel Central, lives 

stieet, now Hurley Street, in Cambridge; is married- has one 
child 18 years of age; lives wdth mother and child. ’ 

Q. What do you know^ about W^illiam Thornton, registered at Hotel Lucerne 
Causeway Street, and certified as voting at both the primary and election in 
waid 0 , precinct 4?—A. William J. Thornton, the director of 1917 gives him 
a mariner; at that time he lived at 54 Nashua Street, not the Hotel Lucerne 
Q. Is Nashua Street in the district?—A. Not the Hotel Lucerne 
g. waiat do you know about Dennis J. Murphy, registered at 'SG Billerica 
Stieet and certified as voting at both the primary and election in ward 5 pre- 
cinct 4 /—A There is no Dennis J. Murphy in the Boston Directory at 36 Bil- 
Rrcia Street Tlie house is owned by Mr. James Friel, the president of the 

i^OnCll'lCKS 

g. What do you know- about John J. Graham, registered at 30 Causew-ay 

Street and certified as voting at both the primary and election in ward 5 pre¬ 

cinct 4?—A The only John J. Graham is a drawtender for the city of Boston, 
and lives at 130 Princeton Street, East Boston, wliich is not in w-ard 5. 

Q. W hat do you know about William J. Bonning, registered at the Hotel 

Lucerne, Caiisewtay Street, and certified as voting at both the primary and 

election in ward 5, precinct 4?—A. William J. Bonning was formerly a member 
department, registered as voting from the Hotel Lucerne lives 
at lo Claxton Street, Roslindale, lived for about three years in this house •’ mar¬ 
ried, no children; said he lived at the Hotel Lucerne when interviewed and 
said he voted there last year, and he W'ould vote there again. 

Q. Is that residence in the district?—A, Not in the district’ Roslindale is 
outside the district. 

g. What do you kno\y about John F. Callahan, registered at 37 Leverett 
Street, Boston, and certified as voting at both primary and election in ward 

Callahan, registered at 3 Allen Street, is that the 

g. John F. Callahan, 37 Leverett Street.—A. John F. Callahan, registered at 
tbe Plotel Vienna, is not in the Boston directory, and nobody 
a1 the hotel seems to know who he is. ^ 

TTn'about Michael J. Fitzgerald, registered at 2 Copps 
Hill Terrace, and certified as voting at both the primary and election in ward 
5, precinct 1? 

Mr. Callahan. He can testify from his notes. 


382 


TAGUE VS. FITZGERALD. 


The Witness. I can, but I don’t want to do it from memory. 

A. Michael J. Fitzgerald, registered from 2 Copps Hill Terrace, lived m Wm- 
throp for the past three years, last summer and winter he lived at the indent 
Cottage on Trident Avenue; the year previous he lived at the Lmcoln Cottage, 
196 Crest Avenue; has four children, Thomas Helen, Regis, and Rose, all going 
to the Winthrop Beach school, attended this school for two years; William I., 
the oldest boy, attends the Winthrop High School. Michael F. is a brother of 


John F. Fitzgerald. 

Mr. O’Connell. Who is John F. Fitzgerald? 

The Witness. He is trying to be a candidate for Congress. 

Mr. O’Connell. Is this the same John F. Fitzgerald who was candidate tor 
Congress against you in this district? 

The IViTNESS. He was. 

Mr. Callahan. And he is. 

The WTtness. Michael F. is his brother and a police officer. 

Mr. O’Connell. In the city of Boston? 

The Witness. In the city of Boston. Winthrop is not in the district. 

Q. What do you know about Augustus O. Corbett, registered at the Merrill 
House, Cambridge Street, and certified as voting at both the primary and elec¬ 
tion in ward 5, precinct 8?—A. He is living there, which is the .only informa¬ 


tion I can give. 

Q. Wliat do you know about Charles Hart, registered at the Lincoln House, 
and certified as voting at both the primary and election in ward 5, precinct 8? 

A. Charles Hart, the Boston directory gives as living at 23 Irving Street, which 

is not in the district. ^ 

(}. WTiat do you know about Arthur W. Pierce, registered at 19 Causeway 
Street, and certified as voting at both primary and election in ward 5, precinct 
Arthur IV. Pierce, registered at 19 Causeway Street, lives at_43 Lynde 
Street. This man is one of the men who on election day in that precinct asked 
for assistance on the ground that he couldn’t see, and he testihed here befoie 
the notary yesterday, or the day before, or one day, and he could read and 
v/rite without assistance from anyone, wdiich is one more case proving that 
asking for assistance from the election officers is a habit in ward 5. 

Q. AVhat do you know about Henry J. Fowler, registered at the Revere 
House, Bowdoin Square, and certified as voting at both primary and election in 
ward 5, precinct 9?—A. Henry J. Fowler is residing at 125 St. Botolph Street, 
which is not in the congressional district. 

Q. What do you know about John E. Fitzgerald, registered at the Revere 
House, Bowdoin Square, and certified as voting at both the primary and election 
in ward 5, precinct 9?—A. John E. Fitzgerald is a drawtender, employed by the 
city of Boston, and lives at 13 Monument Street, Charlestown. 

Q. What do you know about Edison F. Sawyer, registered at the Common¬ 
wealth Hotel, Bowdoin Street, and certified as voting at both primary and oitfc- 
tion in ward 5, precinct 9?—A. Edison F. Sawyer is a rodman, employed by 
the city of Boston, lives at 30 Falcon Street, East Boston, which is not in ward 
5, employed by the Boston Transit Commission. This information is given by 

his mother. ^ ^ ^ 

Q. What do you know about Philip J. Ahearn, registered at <6 Green Street, 

and" certified as voting at both the primary and election in ward 5, precinct 

77 _A. Philip J. Ahearn is a registered voter from 76 Green Street, lives at 130 

Myrtle Street, which is not in the congressional district; is a plumber by trade; 
lived at this house for three years; mother’s name is Bridget; father’s name is 

John J.; lives on the third floor. .. 

Q. What do you know about John F. Corcoran, registered at 14 Dilloway 
Street, and certified as voting at both the primary and election in ward 5, 
precinct 10?—A. John F. Corcoran, registered as voting from 14 Dilloway 
Street, is a liquor dealer on Main Street, Charlestown ; was employed, has 
been employed, by the Van Nostrand Brewery, of which John F. Fitzgerald’s 
brother is one of the managers. He lives at 14 Auburn Street, Charlestown, 
and has lived there for a great many years; is a single man and is a lieutenant 

of Martin M. Lomasney. , ^ 

Q. What do you know about Michael F. Crosson, registered at the Revere 
House, Bowdoin Square, and certified as voting at both primary and election in 
ward 5, precinct 9?—A. Michael F. Crosson, registered from the Revere House, 
lived at 1088 Bennington Street, East Boston, which is outside of ward 5, foi¬ 
ls years; is an engineer at the Boston City Hospital. Information given by his 
own mother. 


TAGUE VS. FITZGERALD. 


383 


William J. Crosson, registered 


H,, se, and oertid^d a^voti^g at theTeSio^n 

- ™*‘“5 the Revere Housed ir^sl-ears ‘of aVe" 


the Revere 
"illiani 

KS£Kr;;s;ss 

rinof rvffi ^ ' * ^ 1 - H- AlcCormick is a letter carrier in the Central 

mother ^Mrs'Fmn? Rr^lf Street, Dorchester, with his father and 

? ’™r “t“ "“vW 

^mein; Le:a'i,fhe’hadlH?lrt thelCtol'u';'"”™"®'’ *” 

Q. ^^hat do yon know about Leo P. Doherty, registered at the Rpvpt-p ttoh^p 
and cer ified as ^mting at both the election an^l thf 

registered as voting from the Revere Homse is n 
student at the Boston University Law School for three years lives with his 
mother at Ir Harvard Street, Dorchester, where he has lived for over a vear * 
lonnerly lived at Havelock Street, Dorchester, which is outside the district ' ’ 
Q. A\hat do you know al)out Joseph F. Walsh, registered at the Merrill 
House, Cambridge Street, and certified as voting at both the primarv and elec- 
tion in ward 5 precinct 8?-A. Joseph F. WiiDh is registered as voting L-om 
13 Cmnbridge Street; lives at 5 Rockville Park, Roxbury; 39 years of a^e- 
marriecl; employed by the board of health in the city of Boston ; one child 5 
.Mais old lived at Rockville Park for over two years; owns the property. 

(h Is tliat the John F. Walsh that was challenged in the primarv’—He 
was challenged in the primary and appeared before the ballot law commission 
and took oath and said that he lived at the Merrill House and voted from there 
(h M do you know about Joseph Kraft, registered at the Hotel Havmarket 
Causeway Street, and certified as voting at both primary and electioirin ward 
piecmct S. A. Joseph Kraft, who is registered from the Hotel Havmarket 
\ oting fi'om the Hotel Haymarket; lives at 2 Summit Avenue, Brookline • lived 
there \yith his wife and family over 10 years; owns the property. ^ 

Q. What do you know about Daniel P. McCarron, registered’at the Lincoln 
House, Causeway Street, and certified as voting at both the primarv and elec¬ 
tion in ward o, precinct 8?—A. Daniel P. McCarron, registered at the Lincoln 
House, lives at 100 Princetown Street, Medford, suite 2; lived there for five 
years; bartender at the Palace Hotel, on Canal Street; married; he has two 
children. 

Q. M hat do youi know about Charles F. Rooney, registered at the Hotel 
Lucerp", Causeway Street, and certified as voting at both the primary and the 
election?—A. Charles F. Rooney, registered at the Hotel Lucerne, lived at ^3 
Pr.. ceton Street, East Boston ; bartender for Estey & Walsh, Bennington StreS; 
East Boston ; lived at 23 Princeton Street since a year ago last Christmas' his 
residence was 12 Carleton Street, Newton Center, which is outside the district. 

Q. AVhat do you know about Charles IV. Murphy, registered at the Hotel 
Lucerne, Causeway Street, and certified as voting at both the primary and elec¬ 
tion in ward 5, precinct 4?—A. Charles W. Murphy, registered at the Hotel 
Lucerne, lived at 95 Geneva Avenue, Dorchester; lived there for two years- 
clerk in the public library. 

Q. What district is that?—A. The twelfth congressional district. Lived there 
until October, 1918, at 95 Geneva Avenue, now lives at 12 Wales Street, mar¬ 
ried, and has one child 3 years old. 

Q. IVhat do you know about James Lang, registered at 36 Billerica Street, 
and certified as voting at both the primary and election in ward 5, precinct 4?— 

A. 36 Billerica Street is a house owned by James A. Friel, president of tlie 
Hendricks Club. He lives at 309 Medford Street, Somerville, which is outside 
of the city and the district; is married and has five children, the oldest 9 years 
of age. He formerly lived at 10 Putnam Street, Somerville, for four years. 

Q. What do you know about Joseph V. Maddock, registered at 5 Eaton Street, 
and certified as voting at both the primary and election in ward 5, precinct 6?— 

A. Joseph V. Maddock, registered at 5 Eaton Street, lives at 2 Erie Street, Dor¬ 
chester, suite 2; employed by the city of Boston; an electrician; formerly lived 
at 17 Fenelon Street, Dorchester, three years; lived at 9 Eaton Street since the 
spring of 1918. Information given by his sister. 

Q. What do you know about .John F. Leonard, registered at the Hotel 
lAicerne, Causeway Street, and certified as voting at both the primary and 


384 


TAGUE VS. FITZGERALD. 


. .. n m-ppinot 4^ _V John F. Leonard, registered at the Hotel 

Avenue, Somerville; lived there for three years; 

married ; employed by the American Lxp^ registered at 36 Billerica 

Q. What do you know about Franc s '^^id elLtio in ward 5, 

Street, and cert^ed as ?eiis\ered at'36 Billerica Street, which is 

;;srs";z'£;s;'C "ss.. 

the primary while he was in the seivice. 

Bv Mr. Haerington ; 

Q. (Mr. Harrington reads from this poinU^^^\^ 

listed 

trP.nceton street, 

and lived there a year. a ATnster barber at 33 Causeway 

O Whether or not he is a precinct officei A. Mastei ^ , , , 

flistrict or in the city in violation of the law. fnr 

q! Was that dm-Lg the campaign that you were out as a ca.Mlidate for 

Congress?—A. Yes. Peter F. Tague. 

ComA ioNWEALTH OF AIassachusetts, 

Suffolk, ss: 

I stenographer, appointed by Abraham C. Berman to take and reduce to 
wriVino- the testimonv of the witnesses in the contested election of Fctei F. 
Trmie^\ John F Fitzqcrald, having first been duly sworn by the notai>, 
he/eby make affidavit that I have truly and con-ectly recorded and transcribed 

the evidence of the above witnesses within this boo l H. Harris. 

Boston, Mass., Maij 5, 1919. 

Personally appeared above Nancy H. Harris aiid made oath that statement 
signed was true to the best of her knowledge and belie . 


COAIAIONWEALTH OF MASSACHUSETTS, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume containing about 48 PJges, 
together with the notice of contest and answer, is a true and correct “ro of the 
tStoony taken before me under oath in the contested e ect.on o Pc e. R 
Tague v. John F. Fitzgerald, beginning Februaiy 19, 1919, exhibits he e 
referred to are marked as described and made part of this lecoid. 

Abraham C. Berman, Notary Public. 

Boston, Mass., May 5, 1919. 

Redirect examination of IMr. Tague (continued) : 

Q. IVhat information have you in regard to John D. Feeney, registered 
and voting from 10 Lynde Street, voting at the primary and 
precinct 7?—A. John D. Feeney, registered and voting from 10 L> nde ^^t, 
lives at 29 Elm Hill Park, Roxbury. He has lived there for 1- yeais Mitli 

his father and mother. His mother gave the information. vpcri«fprpfl 

Q. What information have you in regard to John H. Dolieit^, legiste e 
at the Revere House, and voting at the primary and election in ward pre 
cinct 9?—A. John H. Doherty, registered and voting from H^vere Hmise, 
lives at IT Harbor Street, Roxbury. He is an officer for Suffolk County in 

Q. MTiat infornnition have you in regard to George H. Connor, registered 
trom the Revere House and voting at the primary and election from Mmrd b, 
nrecinct 9’^—A George H. Connor, registered and voting from the Revere 
House formerly lived at 12 Whitten Street, Dorchester, but moved a year ago 


TAGUE VS. FITZGERALD. 


385 


attpn,l '“•'r"'?" •>»'' I'»s Hve chililren. The oliiKIren 

■" L.„.-ol,ester is not In the 

llie'^Ihhef ’“I' -' 'T"'"' I^ni-hin, resistered from 

fll' ward r meein r'h- Pnnm.Vand election 

the Bowdoin Hnii'.ja i ^ ' A' J- haikiii, registered and voting from 

Jle vl i married ami employed by the Pileiie Co. as a furrier 

o!re 3tn,ronl r^lr'Zr r'-"-^ter; has two ehlldre"; 

tlie^H<Vei''Vri\evne'i'ep:ar,l to .Tohn P. Keatty, resistered from 
In wa ■ Ifi nr« , f 0 ^ ami certille.l as havlns voted at the election 

livp'^ ‘It ‘ registered from the Hotel Bellevue 



Revere. Kevere is not 


children that attend the Crescent Avenue School 
in the conjtressional district. 

frmn thll^AT in re^tard to Francis .1. Dowd registered 

vi n 1 fi-om 13 Cambridjie Street and\mtin«- n fVo 

13 aimbri(hi-e Street, lives at 6 Leroy Street, Dorchester He is marrieil 

ment of tt'dtv'^^^^^ an inspectm; for the street-cleaninf depaf 

school attend the* Marshallfdioolfi^^^^^^^ that go to 

f,A«-™;r, ^t'^a^Zict-s, ^;rSr:;s 

piimaij and election from ward .o, precinct 8*^_A Timotbv^ T 

D,mcSerf‘'r.i*t''uved Unw %"T1- 

business in’the west end. He hal one chdd, lefmnthff f i-estaurant 

Q X n '' information have yon in regard to Frank .1. Callahan, registered from 
ceitihed as voting at the election from ward 5, precinct6?— 
d’lni f- f I’esistered at 3 Allen Street, lives at 23 E Isworth Street 

Cainbiidge He is married and runs a stable at 665 Cambridge Street He has 

fron^L^ShTatrn:*""" Gover.unent, dvawln,fmall 

Q. Alfred Scigliano?—A. We had him. 

(}. Lawrence J. Fallon?—A. We had him. 

Q. latiick .L Comber what information have you in regard to Patrick T 
Cmn )er-i-eKistere(l from the Derby House and certified as having voted in 

Snieff-m' Comber, registered from 39 Cambridge 

Street. I haven’t anything on him. 

Q. AVhat information have you in regard to AVilliam E. Sullivan, registered 
fiom the Hotel Ketterer, Canal Street, and certitied as having voted at the 
primary and e ectioii in ward 5, precinct 8?—A. William E. Sullivan, registerLf 

distric^^ ‘-P‘«"e of the congressional 

Q. What information have you in regard to Thomas G. and Thomas J SherL 
dan. both registered from the Hotel Lucerne. Portlan-d Street, and being certitied 
as ha\ ii'ig voted at the iirimary and election in ward 5, precinct 4*^—A Thom ts F 
Sheridan, registered from the Hotel Lucerne, resides at 45 Alpine Street Box'- 
bui.A, with his wife, Elizabeth. They have lived there since ApiMl 1918 Tn*ev’ 
OILS to that Bine they lived at 512 Bedford Street, and lived there for more tbaf A 
year. Sheridan is an employee of Turner & C<-.. He testihed at the ballot law 
commission hearing that he lived at the Hotel Jaicerne and voted in the nri 
manes Thomas J. is registered from the Hotel Lucerne. He is married and 
li\es at lo Aljuiie Street, in the same house with his father, on the first floor. He 
iS a postal cleik in the South Station post ofliie, and formerlv lived “it dui 
Eighth Street, South Boston. Boxbury is not in the district. 

Q. \Vhat information have you in regard to Bicbard L. Lombard registered 
from the Revere House and certitied as voting in the primary ami’election in 

122575—19-25 



386 


TAGUE VS. FITZGEKALD. 


ward 5. precinct 9?—A. Richard L. I.ombard, rejjistered from the Revere Honse, 
lives at 19 Park Street, Camhridge, with his father, motlier, and sister at tin- 

present time. That was on April 1 of last year. .... i,.-, ci-i-oi- 

(). 1918?^ A. Yes; 19PS. At the present time he is living ^Mth his sistei at 

27'^Ivy Street, Boston, and has been for the past six months. He woiks foi 

L. M. Dyer, Faiieuil Hall Market. ^ i 

O. What information have yon in regard to Danie, 1. Kelley, registeied non 
the"^Revere House and certitied as having voted at the primary and election m 
ward o, precinct 9?—A. Daniel P. Kelley, registered from the Revere House. 

35 vears of age, married, lives at 49 Lasalle Street, West Roxhury, has 
chiidreii aged 10 to 5. Two children attend the Robert Shaw School, and the 
oldest girl goes to a convent school. He owns bis house and has lived there loi 
the past tive or six years. Is a civil engineer emp oyed by the city of Boston. ^ 

O. What information have you in regard to Edward B. Glai-k, registeied 
from the Hotel Brewster and certitied as having voted from ward o, precinct J. 

A. Edward P. Clark, liquor dealer, registered from the Hotel Brewster, 

14 Wood Street, Charlestown, Mass., with his sister. Mrs. Day and has lived there 
for a number of years. He is married and runs a liquor store on Causeway 
Street at the corner of Haverhill Street. He was marled recently and lives now 
at 32 Ashford Street, A Iston. This information given by his sister. 

O IVhether or not you know whether this Edward P. Clark is a close per¬ 
sonal friend of John F. Fitzgerald?—A. Clark was one of his most intimate 
friends; was through his campaign and spent his time going aliout and making 
bets on John F. Fitzgerald. Does not live and has not lived in the ward he is 

Q What information have you in regard to Francis A. Crowley, registeied 
from the Commonwealth Hotel and certitied as voting in the primary and 
election in ward 5, precinct 9?—A. Francis A. Crowley, registered and voting 
from the Commonwealth Hoteb lived at 57 Hamilton Street, Dorchester, tor the 
])ast four or live years, but in Dctober, 1917, he married and moved to 88 Irani 
Street, Dorchester. Crowley gave the information himself. Crowley is clerk in 

the post ottice. -r r., , • i 

Q IVhat information have you in regard to William J. Sheehan, registered 

from Hotel Bowdoin and certitied as having voted in the primary and election 
from ward 5, precinct 9?—A. IVilliam J. Sheehan, registered and voting from 
the Hotel Bowdoin, lives at G Reevesdale Street, A Iston, and has lived there four 
years with his brother, John Sheehan, and at his father’s. He is employed in 

Hie City Hall annex. 

O. He is a city employee?—A. Yes. 

D. WTiat information hav you in regard to Park B. W ilde, registered fioin 
«.^ I-‘f>v 00 House and certitied as having voted in the primary and election in 
wiwd h precinct 9.*^—A l‘ark B. Wdlde, registered and voting from the Revere 
House Kves at 1220 Banks Street. Camliridge. He has lived there 15 years. 
He is married and his wife’s name is Catherine. He is president of the Boyce 

(ligar Co. of Boston. _ ^ ^ 

Q. IVhat information have you in regard to IMarciano Di Pesa, registered from 
the Hotel Napoli, and certitied as having voted in the election in ward o, pre- 
9?—A. r^Iarciaiio Di Pesa, registered and voting from the Hotel NTipoli, 
lives at 1875 Commonwealth xAvenue and has lived there two years With his 
dauo-hter, Mrs. Scotti. He moved there from 69 Summit Avenue, Brookline, 
where he lived for seven years. He is 72 years of age, and his wife 81 years 
of a'm. He owns tl e Hotel Napoli and lives on the second door f the building. 

O.^W'hat information have you of William C. (’ampbell, registered troiii 3jJ 
Hawkins Street and certitied as voting at the primary and election in ward o, 
precinct 8 ’?—A. IVilliam C. Campbell, 30 Hawkins Street, lives at 22 Kingsdale 
Street, Dorchester, and has lived there for two years. He is married and his 
wife’s name is Bessie. 

Q. Any children?—A. No children. , , x • • x i 

Q Wdiat information have you in regard to xAbraham 1 mkelstein, registered 
from the Lincoln House, and certified as liaving voted in the iirimary and elec¬ 
tion in ward 5, precinct 8 ?—xA. xAbraham Finkelstein, registered and voting 
from the Lincoln House—he has been here. He testified. 

Q What information have you in regard to Patrick .1. AIcNult^, registeied 
from 33 Lynde Street, and certitied as having voted in ward 5, p-recinct 8 ?—xA. 

Patrick IMcNulty is- . . , • x o -p 

Q Is he the Patrick IMcNulty referred to as being in charge of precinct 8 of 

ward .5 all day?—xA. He was down in the voting precinct on election day at 



TAGUE vs. FITZGERALD. gg^ 

Cinet he ha,l f,„| charge of the pre- 

“Hr r ? --‘^.nSo[;:;SsH'Sr 

C- AMiat nitoniiation have von in roo-.i,vi ^ ^Kostoii. 

Ines at 0 Howard" Street Ca’iiihruh>^e ^otiiii; from 19 Caiisewav Street 

i;jed, has thi-ee children.’ Formerlv ’live .f i 

by trade. " ^ I^nkland Street, Boston, for 

iVoin the Hotel Lncerne^^l'anw <i^"orge D. McNeil, registered 

the Diimary and election’in ward'5 pf-echi’ct'4*J voted in 

tered and voting froi]i the Hotel laicerne iS.'tregis- 
ing in the Boston directoiy on him " mtormation on that. Noth- 

fi-om tVe Ho\nl‘Ln?en^^^^ and^'certmid -m haHn-' registered 

tioii in wai-d 5, precinct 4‘^—\ Tohn F iVl 'oted m the primary and elec- 
the Hotel Lucerne, lives at 137 Bostof/^’^»tang from 
'"o' f ‘>f 'f>e he- 

' the Hotel Lncerim and cm'fifieTas havino- ^voted^i^tf 

in./ 

^yhlch is outside of the congressional’dis^Hct 1 

■rianrin."^ --'-i at 

Stli/'certiH«7as1,uvi,lna,M f' 3.5 Billerica 

BoS/;! 

53 State Street. Infer,nation given b.v''l?iVmSth/,."'‘‘ '''®'’'‘'‘’' ^ank at 

tlie New' Enghtni/'Honse''*/,'; BHcI-stnife *St,/'' f "thony Valente, i-egisterert from 
election at ward 5, precinct Anthonv^’\^,?pl voting in the 

from 172 Blackstone Street the W'Fn-llnr 'It registered and voting 

, Somerville, which is not in' the congr/sSionanui'tHct Kenerson Road, 

ga^7:'Ti[ei:,,nir..;.'1™?.S i/j'lToSh'tX iG.ert "■‘if- 

lias lived at that addi-ess th.-ee vmars "‘t® >>« 

tf B'.f ''■:>«.nne fnit testified?—A. She testified. 

H. What iniorination have von in reaard to Hn<>b tt noraiw.v • ^ a c 

.5%;:ci!:'r^.^T^H'H '-ing;”„?e;7ln'?he^1/;'i:’eS^^^^^ 

street, is a liqn'or dealer at w/s Le/e/el‘1tl'eet““ 

Q. Bevijrett Street ?-A. That is whei-e his bar is. 

st|£'T;;n 

Q. Any children?—A. No children. 

Q. M hat information have von in regard to Thomn«; tp ^ 

from the Hotel Bowdoin, and certified as havhii Imon 5' registered 

as, itef .lil'ilSS 9=HHi 

congressional district, for two years 'viiicii is outside the 

o i'lm'','"®!'.’'* l>.y whoni?-A. By liis landlady, Mrs Newcomb 

R' Iv'nk ^ hiinselt, was ,t?—.A. And also by himself. 

H- »v hat iiitormation have von in regard to David T Arpr'oi.fivTr • ^ 
fron, 61 Allen Street, and certified as ha/lng voted /n eie?J,^?n at mv 

cinct 10. A. David J. McCarthy, registered and voting from 61 Allen Street, 


388 


TAGUE VS. FITZGERALD. 


lives at 180 Mount Vernon Street, Malden, Mass., which is ontside of the con¬ 
gressional district and ontside of the city. He has lived at this address since 
September, 1918. He formerly lived at 11 Seaview Avenue, Malden. He has 
11 children, 1 married, 2 sons in France, members of the Twenty-sixth Division, 

6 go to school, 4 girls and 2 boys going to the Cheverns Centennial School. One 
girl, Alice, IT years old, is employed as a cashier at Shepard & Norwell s. In¬ 
formation obtained from his wife, Mrs. Margaret E. McCarthy. 

Q. AVbat information have yon in regard to Aloysins Cregg, registered from 
the" Revere House, and certified as having voted in tlu' primary and election in 
ward 5, precinct 9?—A. Aloysins Cregg, registered and voting from the Revere' 
House lives at 28 Hollis Street. The landlord there is George Kelley. He 
said, ‘‘Cregg came to onr house iMay 1, 1918,” which was after the day for the 
filing of names for those who voted at the last election. He came from Tech 
Chambers on Irvington Street and is a dentist. Irvington Street, Boston, is not 

in the congressional district. * . ^ i ^ 

Q. What information have yon in regard to Alfred Di Pesa, registered from 
the" Hotel Napoli, Friend Street, and certified as having voted in the primary 
and election in ward 5, precinct 9?—A. Alfi'ed De Pesa, registered and ^otillg 
fi-om the Hotel Napoli, lives at 26 Evansway Street, Roxbnry. He has lived 
there since the fall of 1917. Statement given by bis wife. 

O. What information have yon in regard to Joseph Santosonsso, registered 
froin the (inincy House, and certified as having voted in the primary cyid elec¬ 
tion in ward 5, "precinct 9?—A. Joseph Santosonsso, registered and voting from 
the Quincy House, lives at 122 College Road, Newton, where he owns a house 
right next to Boston College. He is a lawyer at 43 Tremont Street, lioston. 
Previous to going to Newton he lived at 210 Harvard Street, Dorchester. He 
has three children, two boys attending the Boston Latin School, and one girl 
who attends the Girls’ Latin School. Previous to going to Newton he lived at 
Harvard Street, Dorchester, 23 years. 

Q. What relation had he to the Fitzgerald campaign?—A. One of Mr. Fitz¬ 
gerald’s most substantial workers. 

Q. What information have yon in regard to Charles L. Garvey, registered 
from 135 Allen Street, and certified as having voted in the primary and election 

in ward 5, precinct-?—A. Charles L. Garvey, registered and voting from 135 

Allen Street, is a blacksmith, residing at 68 Bakersfield Street. He runs a 
blacksmith shop on Pitts Street. 

Q. He is the man who testified?—A. Yes. 68 Bakersfield Street is not in the 
district. The information was given by IMrs. Sarah O’Brien of 68 Bakersfield 
Street. His teleplmiie nnmber is 3901-IM, Dorchester, and that telephone, ac¬ 
cording to the telephone book, is listed at 68 Bakersfield Street. 

Q, What information have yon in regard to William J. Sullivan, registered 
from Hotel Ketterrer, Canal Street, and certified as having voted at the primary 
and election in ward 5, precinct 8?—A. William J. Sullivan, registered and vot¬ 
ing from Hotel Ketterrer. lives at 21 Minnesota Avenne, Somerville, and he has 
lived there since October 1, 1917. He is married, is a clerk in the employ of 
the Charles S. Gove Co., who rnns the Hotel Ketterrer. Information given by 
Snllivan himself. 21 IMinnesota avenne, Somerville, is not in the 10th con¬ 
gressional district and is not in Boston. 

Q. What information have yon in regard to Charles E. Maynard, registered 
froin the Hotel Royal, and certified as having voted in the primary and election 
in ward 5, precinct 8?—A. Charles E. Maynard, registered and voting from the 
Hotel Royal, lived at 32 Ylyrtle Sti-eet, Boston. Has lived at that address four 
years. Is employed at 21 Tremont Street, in Harry Schwartz’s picture stndio. 

Q. Wliat inform;'.!ion liave yon in regard to George J. I.owe, registered from 
the Llotel Central, and certified as voting at the primary and election in ward 5, 
j.recinct 8?—A. George J. liOwe, registered and voting at the Hotel Central, lives 
at 15 Harbor Street, Chaidestown, which is not in ward 5. Has lived at the 
jiresent address 35 years. Ihnployed by the General Electric Co. at East Boston. 
Has one son. George J., jr. His wife’s name is Anne. Information given by his 
wife. 

Q. What infornmtion have yon in regard t(^ John Cnneo, registered at the 
Hotel Central, certified as having voted at the primary and election in ward 5, 
precinct 8?—A. John Cnneo, registe^’ed and voting from the Hotel Central, lives 
at 1072 Bennington Street, East Boston. Married and has one child 5 years of 
age, who attends the Blackinton School in East Boston, and another child 15 
years of age who atteinis the Trade School for Girls on Massachusetts iVvenne, 



TAGUE VS. FITZGERALD. 


389 


Has lived at the present address IG 


Boston. He is employed as wine clerk 
years. His wife testified to this. 

Sheehmi, 19 Causeway 

8 ?—A Pnf -irX Vt Q ^ ^ primary and election in ward 5, precinct 

at 40 Hall Street voting from 19 Causeway Street lives 

nnuS u-e^ & Co., cigar box 

motlier. Statement was given by bis 

Q. M liat information liave yon in regard to Henry 
J>illawav ' . 


nncr one Vttemls Tlm^St'.'- Leo-; 'carSiial’schooI '’“rfilHF'*" ^ 

tion. Pie appeared at Dip hoiittf i i!r I ^^<^^1001. mi.s. (tUi.v gave this informa- 

-•■'.missb.i 

V- 'V iiat intoimation ha\e veii in recard t<» Trow'iTfi ir ivr/^rt' 
at 117 Leverett Street and ppi-titp/i ^^/'\‘‘id F. McGinniss, registered 

in ward 5 , precinct 4W.V. KdwardP. McSfnS;\;‘eys 7 e.!edT^^^ 


Edward McGinniss that te'stihed'here?—A. Yes 

\\ licit iiiforiiicition iuivo A’oii iii I'o^^cird to TiipbQivi a t> i • j. 

street, iii’es at 748 Ca.nl;ridg^s;reet SiritSf Tlfs 

congressional district nor a part of the citv of BosPm! w ^ 

lived ill Cambridge for 10 years. ' ^ married and has 

Q. IVhat information have voii in record to Timm.ic? vr 

from tbe Derby House, lives'in Brockton,' is a' nienZr'of timBStmi'l od"e "f 

Blks, and in order to become a memiier of tlie Elks was obliged to testifylliat 
he lived in the city of Brockton. to restity that 

Q. I hat is the man who testilied yesterday?—A. Yes 

ffi?; regard to Francesco Di Pesa registered 

10111 the Hotel INapoli, and certified as having voted in the priniarV ami elec- 
1 on in ward 5, jirecinct 9?-A. Francesco Di Pesa, registered and withm 
the Hote Naiioli, lives with his wife, Amelia, at 133 Mountain Avenue, Revere 
Mass., ^^hlch is not in the tenth congressional district or the citv of Boston’ 
He has lived there 16 years. Inforniatioii obtained from his wife. 

^ Emt submitted a doctor’s certificate at this hearing?_ 

ha\e yon in regard to Joseph Di I*esa, registered from 
certified as having voted in the election in ward 5 
Di Pesa, registered and voting from the Hotel Napoli’, 
his brother, Marciano, and has lived there five years, 
joil get the information?—A. Information from his 
I’esa. 

in regard to Isaac Gordon, registered from 
^ . certified as having voted at the primary and election 

m ward o, iirecinct 9? A. Isaac Gordon lives at 7 Kelton Road, Brighton. He 
owns the house, and the inforhiation was given by his wife. 

Q. She was the one that testified here?—A. She testified in court. 

Q. xVny children?—A. They have three children, 11, 8, and 2. The two older 
•children attend the Winship Grammar School in Brighton. 

Q. What information have yon in regard to John J. Grant, registered from 
the Crawford House, and certified as having voted in the election in ward 5, 
precinct 9?—A. John J. Grant, registered and voting from the Crawford House’ 
lived with his brother, Bernard Grant, 887 Point of Pines Boulevard, Revere! 


Q. AVhat information 
the Hotel Napoli, and 
precinct 9?—.A. Joseph 
lives in Brookline with 
Q. From whom did 
daughter, PT-ancesca Di 
Q. What information 
128 Ph-iend Street, and 


390 


TAGUE VS. FITZGERALD. 


he married. He is 35 years of aj?e, and lived 
The house lie lived in is owned by his brother. 


nj) to three weeks aji’o, when 
with his brother three years. 

Bei-nard Grant. 

Q. Who ,s?ave the information ?—A. ]\Irs. Morgan, who testified 

Q. She is the one who testified?—A. Yes. 

Q. AWiat information have yon in regard to Raymond J. Reynold, ]*egistered 
from the Crawford House, and certified as having voted in the nrimarv and 
e ection m ward 5, precinct 9?—A. John J. Reynold, registered and voting from 
the Crawford House, lives at 52 Powder House Boulevard, Somerville, which 
IS not in the tenth congressional district nor the city of Boston He is single * 
in the liquor business at 6 Green Street. Boston. 

_Q. He is the one who testified yesterday ?—A. Yes. The information wa.s 
given by his sister. 

Q. What information have you in regard to Bernard B. Grant, registered 
from the Crawford House. 36 Court Street, and certified as having voted in 
the election in ward 5. precinct 5?—A. Bernard B. Grant, registered and voting: 
from the Crawford House, lives at GST Point of Pines Boulevard, Revere. Owns 
the house. Plas lived there three or four years. Is married. Is in the truckin«^ 
business and said to he a partner of Martin IM. Lomasney. 

Q. Any children?—A. No children. 

Q. Information given by whom?—A. Information given 
testified in this case. 

Q. What information have you in regard to Charles F. 

382 Hanover Street, and certified to as having voted 
election in ward 5, precinct 1?—A. Charles F 
382 Hanover Street, lives at 3 Way Place, 


by Mrs. Martin, who- 


Day, registered from 
in the primary and 
Day, registered and voting from 
Roxbury. IMarried. His wife’s 


name is Lavinia. One boy. William, aged 11, who attends the Sarah Baker 
Grammar School of Roxbury. He has lived there three years and owns the 
property. Roxbury is not in the tenth congressionl district. 

Q. What information have you in regard to Charles W. Murphy, registered 
from the Hotel Lucerne, Causeway Street, and certified as having Voted in the 
primary and election in ward 5. precinct 4?—A. Charles W. IMiirphy, registered 
and voting from the Hotel Lucerne, lives at 12 Wales Street. Dorcliester. Hi.s 
wife’s name is Gertrude. Employed in the Boston public lavatory. One child, 
15 months old. Has lived there since October, coming there from 95 Geneva 
Avenue, where they lived two and one-half years. Information given bv Mrs 
Murphy. 

Q. What information have you in regard to James McCaffery, registered 
from 135 Causeway Street, and registered as having voted in the election in 
ward 5, precinct 4?—A. Janies McCaffrey, registered and voting from the 
Hotel Lucerne, lives at 28 Stanley Avenue, Medford, which is not in the tenth 
congressional district and not in the city of Boston. 

Q. Is he married?—A. Married. His daughter gave the information. Em- 
jJoyed by B. F. Brown & Co., Fulton Street, as a shippei’. Mother’s name is 
IMargaret. They have five children—Catherine, 21; Loretta, 19; James, 18; 
Paul, 15; Marpret, 13. She attends the Center Junior High School at Medford’ 

Q. What information have you in regard to Israel Mancovitz, registered froin 
49 McLean Street, and certified as having voted in the primary and election in 
ward 5, precinct G?—A. Israel Mancovitz, registered and voting from 49 Mc¬ 
Lean Street; married and has a baby two months old. His wife lives in 
Dorchester. Has been working for the Fore River Ship Building Co. 

Q. That is the one Mr. Mancovitz testified to-day was his brother and lives 
in Dorchester?—A. Yes. He was one of the precinct oflicers when the dis¬ 
crepancy in the manner of voting was found in the primary, 50 ballots being 
missing. 

(.}. Wbat information have you in regard to Hugh F. Granger, registered 
from 4a Allston Street, and certified as having voted in the primary and 
election in ward 5, precinct 9?—A. Hugh F. Granger, registered and Voting 
from 4a Allston Street, lives at 418 Cambridge Street, outside of the tenth 
congressional district. Is employed by the Boston Globe as a pressman. 

Q. What information have you iu regard to Thomas F. Gildea, registered 
from 4a Allston Street, and certified as having voted in the ]u-imary and 
election in ward 5, precinct 9?—A. Thomas F. Gildea, registered and voting 
from 4a Allston Street, lived at 7 Adams Street, Newton, and has moved to 
San Ph-ancisco, Calif., on the 4th of February, 1919. 

Q. What information have you in regard to Ruggiero Di Pesa, registered 
from the Hotel Napoli, and certified as having voted in the election and 


TAGUE VS. FITZGERALD. 


391 


‘•‘^gistered and voting 

the tent,, ^ .',l'stt^u^‘ 'V^ if at^f"’ 

L‘- And the iirfoniiation was furnished h.^ 

Q. Angelo C'arpeiielli, and he is the 
Ves. 

0- information have yon in rej;ard to Joseph F 

Hie (n-awtord House, Foiirt Street, and eertitied as hav 
in ward o, precinct D?—A. Joseph F 


whom ?—A. 
one that testitied 


Angelo Carpenelli. 
at this hearing?—A. 


Rae, registered from 
ing voted in tlie election 
registered and voting from the 


t nail, . precinct P?—A. .Joseph F. Rae, registered and voting 
Cia\v,ord House, lives at 157 Naples Road. Brookline. 

. ..iciiiied ?^ A. IMarried, His wife gave the information. 

—A. One child, Kdmiind, aged 44 vears. Gertr 


vviie's n;me 

Q. What information 
from the Revere House, 
juimary and election in 
rnd voting from the 
Married 


trude is his 


have 


ents, 

Q. 

(5 

from 


lives at 9 Ilnzel Ihirk, Everett. 
73 Chelsea Street, (''harlestown. 

Q. What information have you 
the Lincoln Home and certified 


are in the automo- 

ohtained from Mi-s. Clem- 

that testitied. 

T. Fiiiegan, registered 
the election in ward 5, 
from 141 Court Street, 
years. Quarterimtster at 


you in regard to Henry J, Fowler, registered 
Bowdoiii Sipuire, and certified as having voted in the 
ward 5, precinct 9?—A. Henry J. Fowler, registered 
IIWill lUL- Revere House, lives at 125 Snint Botolpli Street suite 2 
. . Has lived there 24 to 3 years. He and his v\ ife 

bile business at the present time. 

(}. M ho gave the information?—A. Information 
in suite 1. 

She is the one tluit testified?—xV. She is the one 
\\ In t information liave you in regard to John 
the Hotel Royal, and certified as having voted in 
])iecinct 8? xV. John T. Finegan, registered and voting 

Has lived there 15 

Finegan gave the information himself, 
in regard to Frank B. light, registered from 
as having voted in the election in ward 5, 
jirecinct 8? A. Frank B. Light, registered and voting from the Lincoln House, 
lives at o82 IMassachusetts Avenue, vdiich is not in the congressional district. 
He has lived there two years. He is in the liquor business at 1627 Washington 
Street. 

(>. Married?—A. No. Information obtained from his landk,rd, IMr. Halligan. 

Q. W hat information have \'ou in regard to Fi’ancis E. ]Muri)hy, registered 
from the Lincoln House, and certified as liaving voted in the election in ward 
5, precinct 8?—A. Francis E. IMurphy, registeied and voting from the IJncoln 
House, lives at 236 Geneva Avenue, Dorchester, which is not in the congressional 
district. He is maiuded. His wife works in the navy yard. His father owns 
the Lincoln House. Pi-evious to his marriage, a year ago, be lived with his 
folks. Lives on the top floor at 236 Geneva Avenue. 

Q. AVhat information have you in regard to (diaries A. Smulovitz, registered 
from 37 Leverett Street, lives at 157 Highland Street, Roxhury, which is not 
election in ward 5, precinct 4?—A. Charles A. Smulovitz, registered and voting 
fi*om 37 Lever; et Street, lives at 157 Highland Street, Roxhury, which is not 
in the tenth congressional district and has lived there 3 years. He is married, 
has two children, Florence, 9, and Herbert, 6. and Florence attends the IVilliam 
Cullen Bryant grammar school. Herbert attends the xVhhy W. May iirimary 
school. He is emplo.ved as a waiter in the Hotel Lucerne. His wi:^^’s name is 
T.ena and she gave the information. 

Q. What information have you in regard to John J. Quain, registered from the 
Hotel Lucerne, and certified as voting in the primary and election in ward 5, 
iirecinct 4? 

Mr. (’allahan. May I ask if John J. Quain’s name appears on that certified 
list? 

Q. Not only that, but the whole voting list is in evidence.—A. Registered from 
the Hotel Lucerne and lives at- 

Q. IVhere does he vote from?—x\.. Votes from the Hotel Lucerne and lives at 
154 Beacon Street, Somerville, and has lived there sometime. Employed at 
the rope walk in the navy yard. Information given by Mrs. Mary Higgins, who 
owns the property. 

Thomas P. IMurray, registered from 43 Hale Street, lives at 524 Massachusetts 
Avenue. He is an engineer by trade; now supposed to be in the Navy. 

George Cook, registered from 213 Endicott Street; lives at 34 Willow Street, 
Somerville. Been there three years. He is a bartender at 164 Canal Street. 
He is married. 



392 


TAGUE VS. FITZGERALD. 


John (lonnolly, rejiistered from 22 Cliainhers Street; lives at G< Clifton Stieet, 
Dorchester, lie is in the United States Navy training ship, Boston Harbor, 
and has been for about a year. He has lived at 67 Clifton Street for the past 

10 years. . ^ 

Daniel McElhinney, registered from 9 Chambers Street; lives at M Kevere 
Street, and gave the information himself. He is married and his wife’s name is 
Sarah.’ He has lived at that address for about two and one-half years. Has 
one son, John. This is not in the congressional district. None of these that I 
have given to yon are; Clifton Street is not, or Somerville. 

Bernard A. Swansey, registered from 185 Harrison Avenue; lives at 1 Kegent 
Scpiare, and has for "over a year. His aunt, with whom he lives, gave the 
information. 

Dennis F. Quinlan, registered from 83 Green Street; lives at 132 Halleck 
Street. Koxhury, which is not in the congres.sional district. He has lived at 
that address for over two years. 

George H. Carter, registered from 10 Lynde Street; lives at 71 Highland 
Street, Chelsea, which is not in the city of Boston nor the tenth congressional 
district. Married and lived at his present address two and one-half years. 
^^'ife’s name in Henrietta. Employed by the Boston Consolidated Gas Co. 

George W. Fowler, registered from 301 Causeway Street; lives at 29 Moun¬ 
tain Avenue, Melrose, which is not in the tenth congressional district. He has 
live (1 there three and one-half years. Employed at the Berwick House. 

Andrew Veggit), ix gistered from 332 Hanover Street; lives at 17 Dexter Sti'eet, 
South Boston. Employed by the Kennedy Clothing Co. Lived there for eight 
years. Information obtained from his sister. 

IMr. Beogna. He has been summoned, has he, Mr. Tague 

A. I suppose so. Victor Flangene, registered from and voting from 57 Cam¬ 
bridge Street; lives at 362 Tremont Street. Both parents now dead. Four 
(hildren, including Victor, own the property. Victor is a policeman and con¬ 
nected with station 3. 


Lewis W. Dempsey, registered from 75 Causeway Street; lives at 275 Walnut 
Street, Lynn, and he has lived previous to that at 7 Havana Terrace, Lynn, for 
three years. Is a bartender employed at the Lincoln House, Boston. Inform¬ 
ant, sister, Ella IM. Dempsey. 

Jerome J. McCarthy, registered from 39 McLean Street; lives at 3 Hevere 
Street. Winthrop. Interviewed his wife, who said that he was a court officer, 
and they had no children. Broperty is owned by a Mr. M. Murphy, who has 
lived thei'e thn e years. 

Joseph Hiley, registered from Youngs Hotel, Court Square; is a relative of 
Jos, ph Ivomasney, a clerk in the supreme judicial court, and lives in Dorchester. 

John H. IMurray, registered from the United States Hotel ; is a clerk in the 
courthouse, and lives in Brighton. None of these are in the tenth congressional 
district. 

Q. Now, IMr. Tague, you testified that Joseph F. Walsh, registered from the 
Merill Blouse, lived at Hockville Park and that he testified before the ballot 
law commission, under oath, that he lived and his home was at the IMerrill 
House, where he is registered. Will you state whether or not your attorney 
had an opportunity to cross-examine Mr. Walsh at that time?—A. He did not. 
Ymi might say that he asked special permission to summons Joseph Walsh. 

Q. On what ground did he ask special permission? 

Mr. Brogna. If the ground was stated. 

A. IMr. O'Connell stated at that time that he wanted Mr. Walsh to show that 
he did not live in the district he was registered and voted in. 

Q. What i^articular reason was given for singling Walsh out from the rest?— 
A. Blecause we had Walsh’s record and he had been challenged. 

Q. (’hallenged in the ])]-imary?—A. Challenged in the primary. 

(). Now, this information you have given, Mr. Tague, is based upon your own 
belief frcni information given you aiKl what you know yourself?—A. Yes. 

(}. And is put in as a result of the failure of these witnesses who have been 
sumimamd to appear here? 

Mr. Brogna. Just a moment. 

Q. And the record of the summoning is already in the record. Now, I am 
going to ask you about the kind of houses that these places are distinguished 
as having been challenged by you. ' For instance, what kind of a place is the 
Hotel Lucerne from which they are registered? What precinct is that?—A. 
Precinct 4. 


TAGUE VS. FITZGERALD. 


393 


th?ilsV“Ua"ul'„'fro( "P«" 

diiestioii. Please note my objection. 

nm'almost Pntirpiv*^^f 'vliat is known as a cheap barroom hotel that is 

hmirf nwf • ^ ^ ^ Sundays and holidays and after 

hours and is not occupied by people who would make it a home. ^ 

stricted^clasVbv‘tnp'A^^^^^^’ that is put into the re- 

mor-il« 'mo • officials connected with the welfare and 

moiaJs of men in the service?—A. It was. 

record?nfto prove that, IMr.O’Connell, is to put in the 
rccoids of the Army and Navy officials. 

T .m to the Boston Excise BoaixP—A 

I do. I have investigated it. 

Q. And it was called to your attention as a iMember of Congress?—A. I "ot a 
dffiiS*tt/fl?quemt'^‘^" Boston district as not tit for sailors’and sol- 

she kimw ^ ''''' hotel ?-A. I don't think she Avould if 


James?—A. The St. .Tames is iioaa’' an 
and been put before the excise commis- 
goes there but a class of people that 


Q. A\ hat do you say about the St. 
alleged notorious resort, also restricted 
Sion. Also a barroom hotel. Nobody 
AA'ould not go to a decent hotel anyAvay. 

Mr. Brogna. Note my objection. 

Q. In order tbat the record may be clear in regard to these hotels, is this a con- 
(.ilioii, that nobody in Massachusetts can sell liquor on SundaAxs and holidays 
except a hotel keeper?—A. That is true. ^ 

Q. In Older to sell liquor on Sundays and holidays these men take out licenses’ 

Mr. Brogna. I object to that. 

A. They do. 

Q And you .say the principal business of the Hotel Lucerne is from the liquor 
traffic on Sundays and holidays?—A. It is. 

Q. Mhat do you say about the (^entral Hotel on Green Street?—A. The Cen¬ 
tral Hou.se is a resort even AAorse than the Hotel Lucerne. It is a liquor hotel 
and It IS inhabited by a class of people that inhabit cheap hotels for liquor 
I’easons, for the purpose of getting liquor. 

Q. There are a large number registered from that house?—A There are a 
great many. 

Q. The Hotel Hamilton, Avhat do you say about that? —A. The Hotel Hamil¬ 
ton on C'oiirt Street Avas formerly the Heidelbiirg and is another hotel AAdiere 
men and AA’omen go to get li(juor. 

Q. Does a re.spectable Avoman ever go thei-e? Has anv respectal)le Avoman 
eA'Or been .seen there? —A. I don’t think so. 

Q. What do you say al)out the Hamilton?—A. That is the Hamilton the 
Heidelberg. ’ 

Q. Formej-ly called the Heidelberg?—A. Formerly called the Heidelberg. The 
proprietor lives in Brookline and votes there and is registered from there 

(}. AVhat about the Hotel Royal?—A. The Hotel Royal has beds for 25 30 
and 50 cents a night. ’ ’ 

Q. Is that the kind of hotel Avhere they let I’ooms seA’eral times a night? _A. 

Let it as often as they can, and it is inhabited by poor felloAvs, doAAm and out" 
mo.stl.v. ’ 

Q. What kind of AAa)men resort there?—A. I don't think anv Avomen go in 
there. I don’t knoAv. 

Q. Has it eA’er been knoAvn as 
home? —A. No; I didn’t knoAV ; the 
Street and is resorted to by men 
resorted to by men. 

Q. Has it been called to the attention of the police as violating the L-iav?_A. 

It has. 

Mr. Brogna. Note m.v objection. 

Q. Is tbat its reputation, tbat it is a house re.sorted to by characters of un- 
saA’or.v reputation?—A. Yes. 

Mr. Brogna. I object. 

Q. That is the house Avhich Mrs. Galvin testified the man did not dare to leaA^e 
his clothes?—A. That is the house. 

Q. What do you say about the Lincoln House?—A. The Lincoln House is an¬ 
other one of these barroom hotels, opposite the station, inhabited by people Avho 
go there for liquor. 


a place AAdiere men IniA'e their permanent 
back of the hotel has an entrance on Sudbury 
and Avomen. The place on Court Street is 


394 


TAGUE VS. EITZGEKALD. 


Q. Is that the place that Abraham Finkelstein testified that his name had been 
placed by members of the Hendricks Club?—A. It is. 

Q. And in all of these places great numbers of men have been registered and 
voted from?—A. Yes; a great many of them. 

Mr. O’Connell. At this time I refer to the voting list and incorporate into the 
record the nnmber of those who voted from the Royal Hotel, Hotel Lucerne, Cen¬ 
tral Hotel, Hamilton House, Lincoln House, the Vienna House, the Revere 
House, the Berwick House. 

Q. Now, do I understand you to say all of these houses have been put in the 
restricted list by the Army and Navy? 

Mr. Beogna. I object. 

A. They have. 

Q. What do you say about the Revere House?—A. The Revere House was once 
a respectable hotel, but since has deteriorated, and anybody who wanted to^ go to 
a respectable hotel to-day would not go there with the people associated in the 
hotel, and they have been brought before the courts. I believe there is a case 
pending now. 

(). Brought to abate the hotel as a nuisance?—A. It was. 

Q. On account of the immorality practiced there?—A. It was. 

Q. There are a large number registered from the Revere House and voting in 
the Democratic primary and election here?—A. l"es; I think there are 35 or 50. 

Mr. Beogna. Why not refer to it and get it right? 

Mr. O’Connell. Yes; and this time I will refer to it as the number established 
by the voting list as those who voted from the Hotel Revere. 

Q. Do you know what 19 Causeway Street is?—A. Yes; it is an old house of 
three stories, with a slant roof. The house over the stores is occupied by a man 
named IMcNulty, who lets cots which are set up on the floor like bunks. There 
are no rooms.' The bunks are two-tiered, one stretched along the floor. No 
privacy, and it is a room where- 

Q. This is the house from which there are 60 registrars, as shown by the police 
list, and there are about 30 voters from that place?— A. From the information I 
get there are 16 cots in the place and there are over 35 registered from the house. 

Q. And voting from that place?—A. Voting. Mr. McNulty was summoned to 
appear and left town. 

Q. This is the IVIr. McNulty Mr. Pierce, in his testimony had here yesterday, 
said lived up on Temple Street, in another congressional district?—A. That is 
the man. Like most of them, he does not live in the place. 

Mr. Beogna. I object to that and ask that it be expunged from the record. 

Q. What do you know of the Hotel Rexford?—A. The Hotel Rexford. It is 
too bad to further particularize. 

IMr. Beogna. I object to that. 

Q. IVhat kind of people resort to the Hotel Rexford?—A. The kind that could 
not go to a big hotel in Boston. 

Q. Any respectable man and woman go to it?—A. I don’t think so; and there 
is the Derby House, the Windsor, the Merrill House, and the Royal. 

Q. What kind of places are those?—A. Cheap boarding houses where the lists 
have been patched up. Most of the people don’t live there. The Derby House 
has been shown to carry a list year after year for the police, which was made up 
by the proprietor. He has testified that he lives in Cambridgeport and has his 
telephone there. 

Mr. O’Connell. I think that is all, Mr. Brogna. 

Cross-examination by Mr. Beogna : 

Q. Mr. Tague?—A. Y^es, sir. 

Q. It is now 20 minutes past 6 and you have been testifying since about 2 
o’clock. That is true, isn’t it?—A. It was after 3 o’clock, because there were two 
or three witnesses ahead of me. 

Q. After 3 o’clock, and you have been testifying regarding several hundred 
names of persons who appear on the voting list?—A, I have, 

Q. And the testimony which you have given you have given as though it were 
within your own personal knowledge?—A. It is within my personal knowledge. 

Q. In giving this testimony you have been reading from certain notes or 
reports, have you not?—A. Reports that I made up myself. 

Q. Now, let me see the reports from which you read. Will you insert it in the 
record, please. I have asked for these reports which Mr. Tague used in testify¬ 
ing to-day, 

IMr. O’Connell. Just a minute. What do you want to get excited about? 



TAGUE vs. FITZGEEALD. 


395 


court' of ln\y. ‘ ^ ^ ^ exaiiniietl by other counsel on the other side in any 

XotM^r You can rule otherwise, 

amine thos^iwpers. ^ec^^ies necessary: You have no right to ex- 

n.e'^K>^;n“h„";^v!rS: n'"™ ^'-y are 


Cross-examination hy Mr. Callahan • 

th?info™,t«o;r;‘ers™ra,“Cr'?^i^?^!S 

Q. Do you mean to say you went to the homes of over *^00 nei-son^ T 
you test fled to?-A. I did not think tliat was necessary ' ’ 

fi' acquire that information that way?—A. Not all of it 

"ftdirs of HieCeili’^'i”"' y7,f«l'>*re'> this knowledge of these Intimate family 
..Itaiis ot these JlHhodd i;eople.^—A. No; I will not tell you. 

gator^?— a! Sonie^of'^it^’*^^^^^' information from other investi- 

Q. Didn’t you get all that information?—A. No. 

Q. Isn’t It true, Mr. Tague, from the lists furnished for Mr. O’Connell in his 

'Witnesses, these lists were not prepared hy your investiga¬ 
tion ?—A. A great many of them were. 

Q. How many ?—A. I don’t know. 

^ Q. M ill you give us the names of any persons vou furnished 
mvestmations?—A. Patrick McCarthy. 

Q. AVho else?—A. .Joseph Walsh. 

Q. Anybody else?—A. Henry Gray. 

Q. Can you give us the names of 10 persons?—A. Yes. 

Q* Yll light. What investigation did you make?—A. I investigated this 
Mr. Gray Avho lives at Dillaway Street. I know Mr. Gray 
Q. Did you go to Dillaway Street?—A. I did not have to. 

Q. W’hat investigation did you make?—A. Enough to satisfy myself. 

(}. Did you personally make an investigation?—^A. Yes. I went in the dav- 
time to the home on Bardwell Street. ^ 


from your own 


Q. Did you go to the west end to see if Mr. Gray was listed in the west end?_ 

A. Mr. Gray is not listed in the west end. 

Q. Didn’t you refer to Henry Gray?—A. Yes. 

Q. Isn’t he the west end?—A. AVard 5. 

Q. Did you go to his house?—A. Yes. 

Q. Do you want to say these lists you read v-ere made from your own per¬ 
sonal knowledge?—A. A great many. 

Q. Do you know which were not made from your own personal knowledge?— 
A. Not a great many. 

Q. Isn’t it true you had some investigators out?—A. Yes. 

Q. Did you have three?—A. Yes. 

Q. Did you have five?—A. Yes. 

Q. Are you sure you had five?—A. Yes. 

Q. Are you sure you had more than five?—A. I don’t know just how many. 
I have had investigators in the last three months out and all my friends have 
been investigating. 

Q. Will you give us the names of the investigators?—A. No. 

Q. W^'iH you give us one?—A. No. 

Q. Isn’t it true all the information you liave got that you have testified to 
here to-day was secured from these investigators?—A. Positively, no. 

Q. Isn’t it true most of the testimony you have offered here to-day has been 
secured from these investigators?—A. No. 


396 


TAGUE VS. FITZGERALD. 


Q. Have you had any investijjators, Mr. Tagiie, connected with any Govern¬ 
ment department doing this work?—A. No. 

Q. Have yon had any investigators connected with the War Risk Insurance 
doing this investigation?—A. Not that I know of. 

Q. Will you reflect for a moment and tell us whether this is so or not?—A. I 
don’t know. 

Q. You don’t know of these investigators. Is that so?—A. No. 

Q. And you want us to understand now you have had investigators out and 
they have come and reported to somebody else. Is that so?—A. Some re¬ 
ported to me. 

Q. And some reported to somebody else?—A. Maybe INTr. O’Connell. 

Q. And some to Mr. Harrington?—A. I don’t thiidv so. 

Q. And some to Mr. Goodwin?—A. I don’t think so. Some may to INIr. Har¬ 
rington. 

Q. These investigators you have had out and they reported to Mr. O'Connell, 
Mr. Harrington, and IMr. Goodwin —A. Did not report to Goodwin. 

Q. But to ;Mr. O’Connell or Mr. Harrington?—A. Or myself. 

Q. They did not all report to you?—A. IVIost of them did. 

Q. AVould you say most of them reported to you and those that reported to IMr. 
0’'Connell or Mr. Harrington you got the results of the investigation from iMr. 
O’Connell or IMr. Harrington? Isn’t that so?—A. Yes. 

Q. So there is some testimony here, you will admit, which you testified to 
to-day Avhich was not made directly to you?—A. It has all been made to me. 
I have had charge. 

Q. PIxactly. It was made to you, but was it made directly to you?—A. Most 
of it was. 

Q. Won’t you answer my question?—A. I will try to answer your question. 

Q. Isn’t it true what you have testified about in the last few moments, you 
have given to-day, or read into the record is information you have not secured 
yourself? Isn’t that so?—A. I don’t think so. 

Q. Ho you want to take hack your statement that certain investigators re¬ 
ported to you or IMr. O’Connell or IMr. Harrington?—A. No; every item that 
came in I investigated it myself. 

Q. You have reports on 2(Xi of them?—A. Four hundred, and I will have 1,000 
to-morrow or the next day. 

Q. All right. IMore power to you, if you can get them.—A. I have got them. 

Q. You say some of them reported to you and some reported to IMr. O'Connell 
and Mr. Harrington. Didn’t you say that, IMr. Tague?—A. Yes. 

Q. If that is the case, IMr. Tague, the information you gave is a result of 
some of these investigators’ work you have gotten from IMr. O’Connell and Mr. 
Harrington? That is true, isn’t it?—A. Yes. 

Q. So it is true all the evidence you have given here is not first-hand 
evidence?—A. It has been verified by me. 

Q. All right. Let me see if it lias. What did you do to verify the work of 
the investigators —A. I have been investigating myself. 

Q. When did you do this investigation?—A. The last three months. The last 
four or five months. 

Q. The last for or five months. Yes. During that time weren’t you a con¬ 
siderable amount of the time in Washington?—A. Yes. 

Q. And you were not investigating then?-—A. I was when I was here. 

Q. Were you when you were in Washington?—A. l"es; sure. 

Q. And you left your investigation with somebody else?—A. IMr. Harrington 
and Mr. O'Connell. 

Mr. O’Connell. I have been pretty busy myself. 

Mr. Callahan. I know you have. 

Mr. O’Connell. You have no objection to a lawyer’s getting his case ready? 

Mr. Callahan. If you will allow me to examine Mr. Tague. 

Q. If you did not verify all these investigations I understand, now, Mr. 
O’Connell or Mr. Harrington did?—A. I snpjiose they did. 

Q. And in the case of the investigations you were satisfied to have Mr. 
O’Connell verify them?—A. No; I told you distinctly I verified them myself be¬ 
fore they came in here. 

Q. Will you show me any notes among those which Mr. O’Connell used in 
cross-examination made out in your own hand?—A. l"ou saw them all type¬ 
written, didn’t you? 

Q. Will you show me any of those notes?—A. I will show you <piite a few. 


TAGUE VS. FITZGEEALD. 


397 


9 ^' notes?—A. I don’t tliink so. 

H’. allow counsel to show me those notes? 

(lon’f\^P^vn^^^T^i ^ the stand. Those are my personal notes. I 

dont see whj I should turn them over to you. Thev mav he all ri^dit iu vour 
hands hut I don’t think they will get back if they gk them " ' 

<^'^arse, that is a ridiculous statement to make. I am 
here with Mr. Brogiia with about 15 friends of yours. 

virNEss. I don t think you should say 15 friends of mine. All the 
pc pie 111 this room are friends of mine, you included. 

\ lioosting you for the House — 

A. All the evidence submitted here is in the presence of the newspaper men rep- 
lesenting the newspapers of Boston. ^ 

more reason why I should he permitted to see these papers 
mmaV M '''ill Ml-- Callahan: I presume you are taking as 

^ f^ possible. Evidence has been put in here of a kind that necessi- 

tated secondary evidence, witnesses summoned by summonses delivered in hand 
oi at Uieir last place of abode have refused to come here, and so we have been 
obliged to put into the record testimony in accordance with the principles of 
evidence. Possibly the best way is to test IMr. Tague’s personal 
, n«^ l^^lff. knowledge acquired trom all sources. He has given you that to the 
nest ot his ability. That does not permit you to inquire for personal notes I 
_ ave used in this case. I have never heard it advanced counsel had a right 

made by the other side in the preparation of their case, 
ivir. Eallahan. Well, I supposed that I could use these notes if vou permitted 
me to use them, and unfortunately it is the case and it is always the case when 
a iieison is not afraid, with perfect candor and without anv questioning, thev 
accommodate counsel. j 

Beraian. What is the use, gentlemen, of wasting time on this question? 
Mr. Callahan knows he has no right to those notes. 

Mr. Callahan. Why do you say we have no right? 

Mr, Mancovitz. We insist we have. 


Notary Beraian. You know you have no right. 

Mr. Callahan. I know I have. 

Notary Beraian. You are altogether too good a lawyer to think for a moment 
you have, 

Mr. Callahan. It is very consoling for you to say that and it is very nice for 
Mr. O’Comiel to interpose here. But I think we will ask Mr. Tague a few more 
questions. 

Mr. C’CoNNELL. You are perfectly free to question Mr. Tague all night. 

Mr. Callahan. I have never seen counsel, when a witness was on the stand 
and the accuracy of his statements depended on papers in front of him. that he 
was not willing to have counsel see those papers. I can only .say it is a reflection 
on the testimony of Congressman Tague. 

I\Ir. O’Connell. Every bit of his testimony is on record. Most of it is refer¬ 
ences to the Boston City Directory. You have access to the Boston City Di¬ 
rectory. That testimony is at your disposal. There are iilenty of copies of 
the directory to be had. 

Mr. Callahan. I still say this, you and your frmnds have made some com¬ 
ments, and you know perfectly well, sir, you have no right to introduce the 
contents of the directory through Mr. Tague. You have to have either the 
directory or the persons who compiled it here. All this evidence is inadmissible, 
and you should have the directory to prove them, because you are the one who 
has put in your evidence wrong, and you know it, and you have done it deliber¬ 
ately. 

IMr. O’Connell. I have done nothing wrong. 

Mr. Callahan. You have absolutely disregarded every rule of evidence in the 
representation of your case, and you know it. 

Notary Beraian. These arguments are all right, hut I don't think this is the 
place for it. 

, Mr. Callahan. Mr. Tague, we will get back to those papers. 

Mr. O’Connell. Bring in your witnesses, 

Mr. Callahan. Y"ou know perfectly well your evidence will not be considered 
unless you present it properly. 

Q. Talking about directories, do you know when the directories are com¬ 
piled ?—A. Y^'es; I think they are compiled every spring. 

Q. Do you know?—A. No. 

Q. Did you make any inquiries?—A. No, 


398 


TAGUE VS. FITZGERALD. 


Q. In innking your examination of the names of ])ersons wlio were in the 
directory in D18, didn’t yon take the trouble to see wlien that 1918 directory 
was compiled?—^A. The 1918 directory is I'ecoj^nized as an ollicial document 
hy every man in the commercial woiMd or society as heinii; the only evidence 
yon have to tind where a man lives. 

Q. It is tlie only evidence?—A. It is the only evidence rc'coi;nized in business 
to-day unless they have a direct account on a listed concern. 

ii. Will you still answer mv (luestion. Do vou know when it is compiled?— 
A. No. 

Q. And you didn't make anv iiupiirv to tind out when it was compiled?—A. 
No. 

Q. You don’t know whether it is compiled in the first of the year or the 
middle of th.e year, do you?—A. No; hut I was very careful to examine two 
dire(*tories, that of 1918 and 1917. 

Q. And in making' your comments on the directories here in this evidence 
to-day, you did not testify directly from the directory itself?—A. I testified 
from minutes made from the directory hy myself. 

(J. When you testified to the names of these jieople and you made reference 
to the directory, you did not testify directly from the directory?—A. No. 

Q. That is, there was no directory in this room and in making your com¬ 
ments from the directory, you did not have it before you?-—-A. No. 

Q. And when you made comments on the directory, it was from notes you 
had made somewhere else?—A. Yes. 

Q. There i ■ nothing in this case and nothing in this evidence to show you 
got that out of either the 1917 directory or the 1918 directory except your own 
statement. That is so, isn’t it?—A. That is all I know. 

Q. Now, it is also true, INIr. Tague, when you testified to the fact that “^ome 
persons’ votes were challenged, that you had no personal knowledge of these 
challenges yourself?-—A. Oh, yes, I had. 

(^. In the case of Di Fatta, that you said hi"' vote was challenged, you were 
not there when his vote was challenged.—A. I can say, if not, just find out 
where each one lived and I will tell you. 

Q. It came very quickly to your lips this afternoon,—A. Yes; I had my notes 
before me. 

Q. You had your notes before you?—A. I could not remember 400 cases and 
give you any without some notes. 

Q. Exactly; and I am perfectly satisfied f(>r you to u- e your notes.—A. I 
think T have a right to use notes. 

Q. You have a right to use notes made by yourself.—A. That is what I say. 

Q. You have no right to use notes made l)y someone else, and that is why 
your counsel does not want me to have those notes.—A. The greater part of 
them were made by myself. 

Q, You have not the names before you?—A. No. 

Q. I have the names of a few persons you made rather lengthy reference to 
this aftei-noon. There is a name here I wrote down, T. M. lludd. Do you recall 
that name?—A. Yes; I know Mr. Rudd.. 

Q. You know Mr. Rudd?—A. Yes, I know him, 

Q. Take the name of Jeremiah Gallagher.—A. I know Jeremiah Gallagher— 
he is an inspector and lives in Dorchester. 

Q. Take the name of George R. Shankin.—A. George R. Shankin lives at 
164 Commercial Street. Registered from the IMerrill House, 

Q. Thomas Deely.-—A. I could not find him. 

Q. Take the name of William J, Murphy.—A. Which one; the Hotel Lucerne? 

Q. William J. Murphy.—A. Which one? There are two on the list. 

(}. Tell me the two of them.—A. There is one from the Hotel Luzerne. 

Q. Where is the other?—A. I think at the Merrill House or the Revere House, 

Q, All right. Now, the man that is at the Hotel Luzerne. Will you tell us 
about his family? 

Mr, O’Connell. He did not testify to that. 

Mr. Brogna. Wait a minute. , 

Mr. O’Connell. That is just what we will do. He did not testify about that. 

Mr. Callahan. IMr. Tague has had as much experience as you and he can 
testify a great deal better than you. 

IMr. O’Connell. I should hope so. They say lawyers make poor witnesses, 

Q. Will you give us the family history of Mr. Murphy?—A. I don’t think 
I can right off without consulting my papers. 


TAGUE YS. FITZGEIIALD. 


399 


I 


tlie.se \Aeie personal notes yon made yon would have no difficulty.—A. 
fioni ^^onld when I am referring to four or live hundred names. l‘don’t 
think yon could. ^ on picked out some and I have answered them. 

anyone?—A. Yes; that refers to anyone, 
tiiHl 1 can ansner lots more of them, too. 

AVe will give yon a chance to answer more of them.- 


Q. 

like. 

Q. 

Wife 

Q. 

know 

Q. 

notes 


-A. Go as far as 


yon 


AWiat ahont Daniel P. Kelley?—A. Daniel P. Kelley lives in Koxhnrv 
dead ahont four months. 

AVhere is he regi tered from?—A. I don’t know 
it is not the West End. 

Yon can not do it without yonr notes?—A 


Yes, 


just the address, hut I 
I can do it without my 
these names there were 


Q. I \yas here a little wiiile this afternoon, and in .. 

called off willle I wms here yon referred to the names of Kndd and Chaiies^K 
( lark. ( haiie’ F. (dark Avas on a red list. Don’t say that that is not so.—A. 
I have told yon I know’ Clark. Tell things as the.v are. \ 

(}. I simp];v saj, in each case yon referred to these red notes the ones ’n 
red tyjie.—A. I did not. 

Q. And I marked that dow’ii on him.—A. No, yon did not. 

Air. O’Connell. These are not on red notes. Idiev are on black notes 

Air. Callahan. No, they are on red. 

Notary Bekman. AVhat difference does it make? 

Mr. Callahan. Wait a minute. This is cross-examination. 

Air. Tague. I w’ill am w’er any question, and I w’ill answer it fairly. 

Air. Callahan. So I think; and that is the mason yon shoiikl not have this 
interference from ontside. I don’t think yon need any help. A"on w’ere elected 
to Congress by some of these very fellows yon have given evidenc'e ahont. 

Air. Tague. I am elected. 

(}. Take the case of Alichael F. Durant.—A. Alichael F. Dnrant; know’ him 
very w’ell. He was in the barrel business in Somerville a nnmher of years. 
Down from Billerica Street. Does not live there; never did live there. He is 
a man w’orth forty to fifty thonsand dollars, and I think he is on his w’ay to 
California. 

(}. Good luck to him. He has not run aw’ay from the $1,500.—A. I don’t think 
he w’onld need to. 

Q. Do yon wmnt to say. Air. Tagne, in making yonr report to-day, or giving 
this evidence this afternoon, yon did not refer to these notes that w’ere typed in 
red?—A. I have told yon a dozen times I have referred to notes, none of w’hich 
are typed in red. 

Q. Are yon willing to give ns these notes?—A. I am not in a position. Air. 
O’Connell has the notes. 

(}. Isn’t this a subterfuge?—A. I never resort to subterfuge. 

Did yon get your instrnction from Air. O’Connell?—^A. I have no instrnc- 
from Air. O’Connell. 

Has he instructed you?—^A. Air. O’Connell does not instruct me. I give 
instructions. 

Is it true Air. O’Connell has instructed yon?—A. He did not. 

It is true Air. O’Connell will not give us the notes. 

O’Connell. Who says so? 

Callahan. l’'on say so. 

I am not on the stand. Y^ou are talking to Air. Tague. Don’t 


Q. 

tion 

Q. 

him 

Q. 

Q. 

Air. 

Air. 

Air. O’Connell. 
put me in there. 
Air. Callahan. 
Air. O’Connell. 


AVill you give us the notes? 

You are cross-examining Air. Tague. 


When you get through 


I W’ill talk with yon. 

Q. It is true Air. O’Connell has refused to give us these notes?—A. I have 
not heard him refuse. He has said he w^ould talk with you, 

(}. Aren’t yon quibbling?—A. No; I don’t quibble. 

(^, Don’t yon?—A. No. This thing is too serious to quibble wdth. 

Q. Are you telling the truth?—A, I am. 

Q. Do you mean to say I have not asked him in your presence?—A. That has 
nothing to do wdth it—w’hat you have asked. 

Q. Haven’t I asked Air. O’Connell?—A. It is none of my business w’hat you 
asked Air. O’Connell. 

Q. Well, let us consider for a moment it is not your business. 


400 


TAGUE VS. riTZGEKALD. 


Ml*. O’Connell. Of course, Mr. Callahan, a lawyer has no right to take per¬ 
sonal notes made by the lawyer on the other side, and I am willing to take it 
up with you. 

Q. Isn’t it true—what else is a fact or not a fact—isn’t it true that 1 have 
asked Mr. O’Connell in your presence for the notes you used in refreshing your 
recollection to-day; isn’t it true?—A. Yes. 

Q. And hasn’t he refused to give me those notes?—A. I liave not heard him 
refuse. He has not given them to you. 

Q. There are the makings of a good lawyer in you.—A. No; never. 

(}. And not only has Mr. O’Connell refused to give us those notes, but on my 
i-equest you have refused to ask Mr. O’Connell to let me take those notes. That 
is true, is it not?—A. The notes are not in my possession. 

Mr. O’Connell. Let ns straighten this out. 

INIr. Callahan. You insist I ask the questions from Mr. Tague. 

Mr. O’Connell. Don’t you want my assistance? 

Mr. Callahan. No ; I want no assistance from you. 

Mr. O’Connell. I am willing to facilitate it, but if you don’t want to take the 
matter up—I have made my offer to you and if you don’t want it, good night. 

Mr. Callahan. Good night, and good riddance. 

Q. Now, T^Ir. Tague, you testilied about Mr. McCarthy with great confidence.— 
A. No; I did not. 

Q. You say you did not testify about Mr. .Terome McCarthy?—A. Jerome 
McCarthy, regikered from McLean Street, lives in Winthrop. 

Q. He was one of the last men you testified about, wasn’t he?—A. I think so. 

Q. What testimony did you give about Jerome McCarthy?—A. I think I testi- 
fieil—wait a minute. I know what I am doing. Don’t be alarmed. 

Q. If they would only let you alone-A. They don’t have to leave me alone. 

Jerome McCarthy is registered from IMcLean Street, lives in Winthrop, owns the 
house in Winthrop, and he and his wife have no children, no family. Has lived 
in Winthrop several years and is registered from McLean Street, and does not 
live there. 

Mr. Brogna. I object to Mr. Harrington whispering something to the witness. 

The Witness. He has not said anything to me. 

Notary Berman. Mr. Harrington was talking to Congressman O’Connell. 

Q. Will you go on and complete your testimony in regard to IMr. INIcCarthy?— 
A. I have testified. 

Q. You have? In your testimony this afternoon—in your direct examination 
you read into the record that the information was furnished by Mrs. Mc¬ 
Carthy.—A. I don’t think so. 

Q. Wasn’t that read into the record?—A. I don’t think so. 

Q. Will you say postively?—A. I don’t think so. 

Q. You think notliing was said about IMr. JMcCarMiy’s wife?—A. Y"es. 

Q. You are sure of it?—A. Yes. I will not say she was not interviewed. 

Q. Interviewed by you?—A. Y^es; an interview in the home in Winthrop, and 
denied she was Mrs. McCarthy, but was a woman taking care of the house. 

Q. I am not asking you nbout the interview of lMi‘s. McCartliy now. I am 
testing your memory and accuracy.—A. Yon don’t expect me to stand up here 
and give word for word every word in four hours? 

Q. I am asking-A. I am testifying in regard to what, in substance, was 

there. 

Q. I asked you if a certain thing was said, and you said. “ No.” and you 
said you would stand on it.—A. Pardon me. I said I did not testify to it. 

Q. YY)u testified about the principal income of the Hotel St. James.-—A. No; 
I did not. Now, you are getting your information from some one else. 

Q. All right. What did you say about the St. James?—A. I said the St. 
James was a liquoj* hotel and got its greatest income from it; it was in disre¬ 
pute in Boston and was on the list. It was not the St. James Hotel, but was 
the Coolidge House. 

Q. YJ)u have no personal knowledge of. how the income is derived?—A. I am 
not talking about the income, except I said the hotel was run with that the 
principal business. 

Q. The income would be derived from the principal business?—A. Yes. 

Q. How do you know it is their principal business?—A. Oh, I know a little 
about business. 

Q. Y^ou didn’t take a drink there?—A. No; thank God. 

Q. And you never were in there to take a drink?—A. No; and that is another 
thing I thank God for. 




TAGUE VS. FITZGERALD. 


401 


fromp!e’'le else?"r‘C;^ infonnation you have gotten 

o hotel?—A. I have admitted that. 

\ court from information you received from the news 

^ ^ ^ suppose it would be admitted. 

TJnv iiv^^A lioyal. ]\lr. Tague; what knowIedj;e have vou s'ot of the Hotel 
R(AaW-A. I know that the Hotel Royal is down on Ck)urt\stretd. 

T V' never in it .-'—A. It rents beds for 15, 25, 50 and 75 cents a ni^ht 

I don t think you would go there. I kmow I would not. " 

(.). Aow, you were never at the Hotel Royal?—A No 
Q. 1011 were never inside its doors?—A. No. 

Q. And you know nothing of the conduct of tiiese persons*?—A No 

anyboarTma ^ 

Q. You could not acquire it any other wav if vou did not know it*?—4 
had some witnesses who testified before you she was not willino- to even^allow 
the man to leave his clothes there. They would steal thmn 

A Nil knowledge of the Hotel Royal on that witness?— 

Q. As a matter of fact, you have never been in the hotel?—A. No. 

that -enornlTl business*/—A. I know what hotels of 

inar geneiai class businesses are. 

nnd T ^ '■'S''* I f*’ i-esei-ve the i-ifflit 

1 Tuo .I nriPn?.!," H'l'e tla.t I reserve the right to cross-examine 

uo ■ ® ^ testimony out of our own time, and I intend some 

m nort,o,n""r“‘‘' PaiTose which will then sive us an 

on 7,U if- t" iato tills list and to ex,inline him in detail 

also— _ ^ ^ ^ opportunity to familiarize himself Avith this evidence and 

iMr. Tague. I don’t need to. 

opportunity to go over tliese 400-odd names. 

fn: ""i V«(lorstand by that, then, you are extending our time 

for the presentation of this case? 

of mv kmf'TT' “‘i.stt'i'lfStand me. No; I simply say I will take It out 

Of ni.\ time to cross-examine Mr. Tague. 

on^yotu-'Hnre-'’^" miderstand, Mr. Callahan, you are going to ask me to testify 

Mr. Cai.lahan. I am going to summons you. 

xh. Tague. You don’t need to. I will come any time you want me. 

Deposition of HERBERT N. PEAK: 

^cak testifies, may I object to his testifying^, 
meiely because we have received nc) notice. 

Mr. O’Connell. He is a voluntary witness, and he is here to identifv some 
piiotographs. 

(Mr. Peak, sworn.) 

Direct examination by Mr. O’Connell: 

Q. AVhat is your full name?—A. Herbert N. Peak. 

Q. And at the request of Mr. Kane, secretary of Mr. Tague, did vou make some 
photographs of 19 Causeway Street?—A. I did. 

Q. Are these the photos you made?—A. They are. 

(Exhibit 58, photograjih of 19 Causeway StiWt.) 

Q. This is a photograph of the third floor, 19 Causeway Street?—A. Yes. 

Q. That is the third floor, where the beds are?—A. Yes, sir. 

Q. AVhat is on the first floor of that building?—A. Stores. 

Q. AVhat is on the second floor?—A. A pool room. 

Q. And on the third floor?—A. Beds, and it is a lodging house tlier^ 

Q. On the third floor?—A. Yes. 

Q. Is this a picture of the third floor, showing the five windows?_A The 

dormitory. 

(Exhibit 59, photograph of the third floor, 19 Causeway Street.) 

(Exhibit 60, photograph of front entrance, 19 Causevcay Street.) 

Q. Showing you this photograph, which has been maikeii Exhibit GO, it shows 
a front view of the entrance- 

Mr. Callahan. IVhy don’t you allow him to testify, Mr. O’Conaei ? 


122575-19- 


-26 




402 


TAGUE VS. FITZGERALD. 


Q. Showing the sign, 15, 20, and 30 cents for a bed for a night and at this 
time I will refer to the voting list from 19 Causeway Street, and that evidence 
already in showing a large number of men registered and voting from 19 
C'anseway Street in the Democratic primaries and Democratic election last fall. 
AVhat is that a picture of?—A. That shows the office and the left of the picture 
is the office and the right is the dormitory. 

(Exhibit 01, photograph showing oflice and dormitory.) 

(J. AVere you upstairs in that house?—A. I was. 

Q. l\'hat is 19 Causeway Street, so far as reputation is concerned?—A. Why, 
tliat is all. There is a dormitory. 

Q. How lai’ge is it?—A. Why, I should say it was possibly 45 feet by IS. 

Q. And what is it composed of?—A. Cots. There are 16 doul)le cots. That is, 
tliere is a cot here and a cot above. Double-deckers, I suppose is the i)roper 
term for them, and there is a smaller room adjoining this which I term the 
office. There is a desk there, and to get in the dormitory you go in an interior 
door after you M'alk up, possibly three or four steps. 

(}. Showing you another exhibit-A. That is taken from another angle. 

Q. That is a view of the front of the building taken from another angle?— 
A. Yes. 

Mr. O’Connell. And that will be marked “ Exhibit 62.” I think that 

is all. 

Cross examination by Mr. Callahan : 

Q. IVhen did you take these photographs?—A. I don’t recall the exact date. 
It was recently. 

Q. What is your business?—A. What is my business? 

Q. Yes.—A. I have several different lines at present. 

Q. IMiat is your particular business?—A, I am in the insurance business. 

Q. You are in the insurance business?—A. Yes. 

Q. You are not a photographer?—A. I have done considerable photo work. 

Q. You have never worked a photography?—A. Yes; I have worked at photog- 
1 ‘aphy. 

Q. Were you paid for taking these pictures?—A. I was. 

(}. How much were you paid?—A. I think that is rather personal. 

Q. Who paid you?—A. That also is rather personal. 

Q. Why is it personal? It was a business transaction?—A. I was hired by Mr. 
Kane. 

Q. How much did Mr. Kane pay you?—A. I will refer you to Mr. Kane. 

Q. Where do you work in the insurance business?—A. Where do I work in the 
insurance business? 

Q. Yes.—A. At the present time I work for offices here in Boston. 

Q. Are you a broker?—A. No. 

Q. What particular broker do you work for?—A. Is that necessary? 

Q. I think it is. I Avould like to have an answer. 

Mr. O’Connell. I don’t think that we need to go into personal matters. The 
only question is if these are photographs of 19 Causeway Street. 

Mr. Callahan. You are not afraid of this witness, are you? 

IMr. O’Connell. Not a bit, but I don’t think we ought to harrass a man when 
he shows us a photograph of a building we have all .seen. 

Q. Don’t you want to amswer my question?—A. I don’t think it is necessary. 

Mr. Callahan. All right, you are not an official photographer. And I am 
addressing you now. Mr. O’Connell; he is not an official photographer; he has 
no established busine.ss here in Boston and refuses to tell us for whom he 
works, if he woi'.ks in Boston. I understand you want to put these in as 
records made by him? 

IMr. O’Connell. Yes. 

IMr. Callahan. And you dont’ want to vouch for his reputation and busi¬ 
ness ? 

Mr. O’CoNNELT.. I simply want to introduce these photographs and you know 
lliey are pliotographs of 19 Causeway Street. 

Q. How long have you lived in Boston?—A. About 35 years. 

Q. Where do you live?—A. IMedford. 

Q. You don’t vote in ward 5? 

Mr. O’Connell. That is in keeping with the way people vote in ward 5. 

Mr. Cat.lahan. Is that a reflection on your own witness? 

Mr. O’Connell. Not at all. 

Q. You live in IMedford?—A. Yes. 

Q. You are familiar with the west end, are you?—A. Quite a bit. 



TAGUE VS. FITZGERALD. 


403 


Q. 

Q. 

Q. 


you, MrcStan!””Hun!rreds*’of\i’mes Street ?-A. I can’t 

Q. Himclreds of times?—A. I should say so 

Waflt'nLsiWvTweei® ^ ‘■emember tbe date. 

>\as It possiDij a week?—A. It was recently 

How recently?—A. Within two weeks, I should sav 

L)id you take them to-day?—A. No, sir. 

Did you take them yesterday?—A. No, sir 

^Vhen did you take them ?—A. I don’t know 

U ere you asked to come in and testify In^ 

Did you print those pictures?—A, No, sir* 

hen \vere you asked to come in and testify*^ 

—A. I did not get the question. 


tell 


Q 
Q. 
Q. 
Q. 
Q. 
Q. 
Q. 
Q. 
Q. 
you ? 


the exact date, 
any one?—A. Yes, 


sir. 


This eyeniiig, \yeren't 


A. I \yas asked 


Q. Weren’t you asked to come in and testify this eyenino-'?- 
to come 111 this eyening? ‘ ‘ 

Q. Y"es.—A. Yes. 

(>. By telephone call?—A. No. 

MnT^lgmT?—A^No^ eyening by some one connected with 

T come in this eyening and testify?—A. Not that 

i\Ir. O’Connell. Why \yaste time oyer that? 
ey?denS^^^^^^^^' regard this as yery important 

-raphs^'^'^^^^^^^’ important part is the correctness of these plioto- 

Q. Did you take these photogi’aphs on a rainy day?—A No 
Q. AVas it a sunshiny day?—A. A sunshiny day. 

it ill the e\ening? A. If you are interested in photography you 
will know it ^yas not. i 


Q. A\ hat time of the day was it?—A. Forenoon. 

Q. Did you go there alone?—A. I did, sir. 

Q. Nobody showed you where the house was?—A. No, sir. ^ 

Q. Why did you take these different photographs?—A. To show^ it from dif¬ 
ferent angles. 

Q. AVho asked you to do that?—A. Mr. Kane. 

Q. Did he ask you to go upstairs?—A. Yes, sir. 

Q. Did he ask you to take a picture of the inside?—A. I don’t know' as he 
asked me. 

Q. AVho deyeloped these pictures?—A. Is that necessary? 

Q. Y"es.—A. I don’t think so. 

Q. Did you deyelop them?—A. No. 

Mr. O’Connell. Go ahead and tell him. 

Q. AVho deyeloped these pictures?—A. A friend of mine. 

Q. AVho is your friend? 

Notary Berman. If it is a lady, neyer mind. 

The AVitness. It is not a lady. 

Mr. O’Connell. As a matter of fact, they \yere deyeloped by the Boston 
Globe. 


Notary Berman. Mr. Callahan, do not waste time on immaterial pictures. 
If you don’t think they are correct, why don’t you produce some of your own? 

Air. Callahan. These are produced by Mr. O’Connell. Do I understand 
you rule I can not ask any more questions? 

Notary Berman. I am trying to saye time. 

Q. So you refuse no\y to say \yho deyeloped the pictures?—A. I think Air. 
O’Connell sprung it. 

Q. There is a picture [referring to Exhibit 61]—\yas that picture taken that 
day?—A. AAdiat day? 

Q. The day you took the others?—A. All taken the same time. 

Q. All taken the same time?—A. Y^es. 

Q. AA'hat is this house on this side?—A. This one here [pointing to a house 
on the right-hand side of the photograph]? 

Q. Yes.—A. That is the dormitory. 

o. M'liH.t is that house there?—A, That is the office, as I call it. 


404 


TAGUE VS. EITZGEKALD. 


Q. That is another building or the same building?—A. No; the same building. 

(}. And you went into the dormitory ?—A. Yes. 

Q. Is this a part of the dormitory?—A. No; it has nothing to do with the 
dormitory. 

Q. What is that?—A. Pool room. 

Q. You say there are 16 double beds?—A. Somewhere around there, 16 or 18. 

Sixteen double beds?—A. What I call double deckers, a lower berth and 
upper l)erth. 

Q. You have no picture of the inside of this house?—A. No. • 

Q. Did Mr. Kane ask you to take a picture of the inside?—A. If I could get 
one. 

Q. Anybody stop you from getting it?-—A. Considerable, depending 
the-- 

Q. Did you ask permission to get a picture of the inside?—A. No. 

Q. You can not show us anything on any of these photographs that indicate.^ 
this was either Causeway Street or No. 19 Causeway Street, can vou?—You 
can not, can you, Mr. Witness?—A. No; I can not. 

Mr. O’Connell. At this time, Mr. Notary, I want to notify counsel for Mr. 
Fitzgerald that when we are adjourned to-night I shall hope,*at the end of the 
40 days and shall ask to have this case I’eopened at a subsequent date and I 
so wish to notify you and notify counsel on the other side, because of the fail¬ 
ure of so many witnesses to respond to the summonses issued for them to ap¬ 
pear here before you to give testimony and wjien you are adjourning I wish you 
would hear that in mind. 

Notary Berman. This hearing is adjourned until such time as Mr. O’ConneU 
may want to reconvene or recall it. 


Commonwealth of IMassachusetts, 

Suffolk, ss: 

I, stenographer, appointed by Abraham C. Berman to take and reduce to writ¬ 
ing the testimony of the witnesses in the contested election of Peter F. Tague 
V. John F. Fitzgerald, having first been duly s\vorn by the notary, do hereby 
make affidavit that I have truly and correctly recorded and transcribed the 
evidence of the above witnesses within this book. 

^ Gertrttde S. Cole. 

Boston, IMass., Mfuj 5, 1919. 


Personally appeared above Gertrude S. Cole and made oath that statement 
signed was true to the best of her knowledge and belief. 

Abraham C. Berman. 

Commonwealth of IMassachusetts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 53 pages, 
together with the notice of contest and answer, is a true and correct copy of 
the testimony taken before me, under oath, in the contested election of Peter 
F. Tague, v. John F. Fitzgerald, beginning February 19, 1919; exhibits herein 
referred to are marked as described and made part of this record 
BovSton, Mass., May 5, 1919. 


Abraham C. Berman, 

Notavy PuhUc. 

Hearing held in room 443, Federal Building, Boston, IMass., April 22, 1919 
at 10.30 a. m., before Abraham C. Berman, Fsq. (presiding), and David Manco- 
vitz, Esq., as notaries public. 

Counsel: Joseph F. O’Connell, Esq., Arthur Harrington, Esq., and Frank 
Goodwin, Esq., for the contestant; John P. Feeney, Esq., Timothy F Callahan 
and Vincent Brogna, Esq., for the contestee. 


Rebuttal: 

Notai’y Berman. Mr. O’Connell, are you ready to proceed? 

Mr. O’Connell. Yes. Mr. Mahoney, you take the stand, please. 


WIELIAM E. MAHONEY, sworn : 

Direct examination by Mr. O’Connell; 

Q. What is your name?—A. William E. Mahoney. 

Q. And you are a clerk to the election commission for the city of Boston*?_ 

A. Yes. 



TAGUE VS. FITZGEEALD. 


405 


Q.' Ami aTmj“reqiieIf''di!rm^ Position?—A. Fifteen, 

election in cLnrlestoli"wai4 4 

iMartin J. TmUnl” vo'teln ^ Patrick H. Goggin and 

Goggin nor Mr. TnrnbnU^ coifcerniim wh^i Callahan, that neither Mr. 

congressional primary election of testimony, voted at the 

reference to-A. Patrick F. Go^-o-in 

list used atTheTriinl\Vthe*^^^^^^ WjutI 4, precinct 5, the check 

o ,11 ui i anick 4. (lOggin is not ohppkpri 

;v iXldi-ess is l,e?^A. No, 21 Monument Square 

xoj cCp “■ 

.voulfl be cLX,ir"“ -'^'y name 

INIr. Callahan. AVait. 

A." wiiy^vS^''”'' ^t>-. Maboney. 

Q. Go^ ahead with the next name. 

cinct^T^hed v't that— a!'W ar^d ' pr^^ 

mane Is r‘^i‘Se’cH'’ 

tp-s^rpr'pre';^:’ 

cy'Meanb,rftat“‘’l,e"rt^"''%’^' '''"nument Square, is not clieckea 

.Meaning that he didn’t-A. Not checked as having voted Ward 4 

liecinct 1 , check list used at the State election, iNIartin .T Turnhiill dl'^Corev 
street, name not checked as having voted. ’ ^ ^ ‘ 

Q. TP^|t means that neither Turnbull nor Goggin voted at either the nri 
‘"itr •'•nar?-A. I tliink tfuifs a fair ?reS,mption ^ 

1 ^ if? Connell. I will introduce also at this time a statement from the 

^Nop/rv^BEPAmN^^vl ^Psposes of two of the three men. 

exliddt?^ Bekman. loii offer those statements, and they are to be marked as an 

INIr. O’Connell. Yes. 

Mr. Haerington. Certified statements that thev didn't vote 
Mr. O’Connell. I think thats’ all. 


Cross-examination by Mr. CallahiVn : , 

Q. Mr Mahoney, you made the statement in answer to Mr. O’Connell that 
because their names weren’t checked—or if their names had been cliecked they 
had voted, lou say that for what reason?—A. AVhy, I say that for the rea¬ 
son in the way the work is done by the election officers. 

Q. And because of the accuracy and honesty of the election officers you make 
that answer; is that so?—A. Yes, sir. 

Mr. Callahan. That’s all. 

Mr. ^ O’Connell. That applies to the election officers in Charlestown Mr. 
Tague s ward, in the ward in which Mr. Tague lives, doesn’t it*^—A I should 
say that applies all over Boston. 

Mr. O’Connell. We, were inquiring in particular to that ward. I shouldn’t 
say so. It doesn’t apply to ward 5. 


Notary Berman. Those copies may be marked as exhibits. 

Mr. Callahan. We don’t dispute it if Mr. Mahoney says so. 

Mr. O’Connell. Those are always to be subject to the same general order 
as the other exhibits. 


Notary Berman. To be sent for by the congressional committee. 

Mr. PIarrington. And impounded by the court. 

Notary Berman. Mr. Mahoney, the election commissioners are appointed the 
custodians of those papers, to be delivered to the congressional committee when 
they send for them. 

Mr. O’Connell. That’s all. 


William E. Mahoney. 





406 


TAGUE VS. FITZGERALD. 


ARTHUR HARRINGTON sworn: 

Direct examination l)y Mr. O’Connell : 

Q. Yoiir full name is?—A. Arthur Harrington. 

(}. You are a member of the bar?—A. I am. 

Q. You are a former JMassacliusetts Senator?—A. Y^es, sir. 

Q. And you were one of the attorneys representing Mr. Tague in the recount 
at city hall for the primary, were you not?—A. I was. 

Q. Calling to your attention the testimony of Commissioners Finnegan and 
Wasserman concerning——■ 

IMr. Callahan. May I ask if Mr. Harrington has been sworn? 

Notary Bekman. Yes; he was sworn. 

Q. Do you recall the incident concerning Mr. Finnegan wherein he said in 
substance, “I’m wrong, I’m glad I’m wrong, and I am going to stay wrong”? 
And if you do recall that, will you state exactly what did take place?—A. I 
recall it very clearly. There were discrepancies all through wards 5 and 6 in 
the primaries between the number of Democratic ballots cast and the number of 
ballots supplied, and the only way we had of tinding out- 

Mr. Callahan. May I ask if this is rebuttal? 

Mr. O’Connell. Yes. 

Mr. Callahan. I object. This is to be confined strictly to rebuttal. 

Mr. O’Connell. It is. 

Mr. Callahan. I don’t think it is very clear that it is in what IMr. Harrington 
is saying now. I suppose he can deny, and deny specifically anything introduced 
in our part of the case. If you want specific denial stated in rebuttal, that’s all 
right; but I don’t believe that IMr. Harrington, at this time, has the right to 
come in in rebuttal and give evidence that could have been deduced at the 
proper time when you put in your case. If he is there to deny specifically some¬ 
thing that was deduced by our side, that’s all right; if it is anything else I 
object to it. 

Notary Beeman. Note Mr. Callahan’s objection. Proceed, IMr. Harrington. 

Mr. O’Connell. The right way for ]Mr. Callahan to do would be not to ex¬ 
press his apprehension until after Mr. Harrington has told his story, and then 
he could state specifically to what he objected in rebuttal. Now, then, Mr. 
Harrington, if you will proceed now. and start from the beginning and tell your 
story. 

Mr. Callahan. Tell what story? I would like to have that question asked 
again, so we will know- 

(Question read by stenographer.) 

A. There were discrepancies in all the precincts of wards 5 and 6 between 
the number of Democratic ballots cast and the number of Democratic ballots 
supplied- 

Mr. Callahan. That I object to. 

Notary Beeman. Note Mr. Callahan’s objection. Proceed, Mr. Harrington. 

A. And in order to check them, to see what was correct and what was incor¬ 
rect, we requested from the board the right to examine the check lists in order 
to find out how many Democrats voted, and how many Republicans voted, and 
then check oft the nmnber of Democratic ballots actually used, and the number of 
Republican ballots actually used and the number of Democratic and Republican 
ballots actually supplied. Of course, if there was nothing wrong they would 
all check up, so we made that request, which was refused for either one or two 
days, as I remember, and then one afternoon, after lunch, Mr. Burlen said that 
the board—afterwards they told us- 

Mr. Callahan. Please note my objection to all this. 

Notary Beeman. Note Mr. Callahan’s objection. Proceed, Mr. Harrington. 

A. They had consulted the corporation counsel, and they said we could look 
at the check list. The check lists of the precincts of ward 5 were brought out, 
the first one examined; Mr. O’Connell, you started to examine the different 
votes, and when you started Mr. Finnegan immediately interfered and placed a 
piece of paper entirely over the voter, his designation, and everything but the 
cross checked on the side, and when he did that you remonstrated, and I 
reached over, and I said, putting my hand on his arm, “ You are wrong, Fred, 
because we are looking particularly for Democratic records.” He said, “ I’m 
wrong, I know I’m wrong, and I am going to stay wrong.” As to the remark, 
“ You are my judge,” I heard no such conversation. At that time Mr. Flynn 
was on the other side of the table, on the side with me, and was not on Mr, 







TAGUE VS. FITZGERALD. 


407 


were side by side, reaching 


Finnegan s side of the table, and INIr. Flynn and 
over to make an examination with you. 

electioif testimony of Mr. Burlen, chairman of the 

received thn^A if f ^^etore the ballot-law commission that he had 

f soldiers and sailors from the secretarv of 

state e\hat do you say his testimony was at that time, when I asked*him 
\Uiether or not he didn’t have notice of the fact that this country was at war*?— 

this country was at war? and 
nn'i measures he had taken to protect the names of the soldiers 

no notiee^tli??”^ primary, and he said officially he had 

no notice there was a war. 

^^ritil he testified here at 

‘ind the list of names of soldiers 

and sailois that were furnished him by the secretary of state?—A. Never men- 

Ivhofw^ nlf the hearings, and the first time I ever heard it was 

^^hell 1 heaid him testity downstairs at this present hearing. 

Q. Do you recall what Mr. Finnegan said when we tried to have the votes in 
ward 6 recounted, bwause—of precincts 1 and 2—because we didn’t have any- 

nodj at the tables when they were recounted owing to the confusion‘s—A Very 
clearly. ' 

Q. AVill you state just what it was?—A. Why, I discovered that the voung 
man who was to have been at ward 6 was not there during the count of pre¬ 
cincts 1 and 2, and also discovered they were not counting them ’correctly • and 
1 so reported to you ; and we both went to the board; the night before there 
had been an agreement to recount some other precinct upon condition we re¬ 
count these precincts, too, and Mr. Burlen said such an agreement had been 
made and would be carried into effect. Mr. Finnegan became very angry, said 
he would not stand for it, that he would not countenance it, that he would take 
no part in the proceedings. He said that he would not sign the return if such 
a 1 ecount yas made, and left the room. Mr. Burlen ordered the recount of 
those two precincts to be made, and there was a net gain of 7 or 9 votes more. 

Q. Do you recall Mr. Finnegan’s statement that he didn’t care what the result 

was, nothing would affect—induce him to sign it?—A. This was after I 

think he said he didn’t care what the change was; he wouldn’t sign under 
any condition whatsoever; he wouldn’t take part in the proceedings, and left 
the room. 

Q. Calling your attention now, Mr. Harrington, to the notice that was sent 
to the board of election commissioners about illegal registration, and calling 
your further attention to the fact that the ballot-law commission hearings were 
still on, what do you say was the possibility for Mr. Tague or his counsel to 
proceed with any hearing on 15 minutes’ notice before the election board? 

]\rr. Callahan. There was no notice of 15 minutes’ notice. 

Wait a minute, please, Mr. Callahan; be nice. 


Mr. O’Connell. 
Q. Go ahead. 
Mr. Callahan. 
Notary Bekman 


May I object, please? 

. Note INlr. Callahan’s objection. 


A. At the time the notice was sent we were preparing and getting other evi¬ 
dence to be presented at the next meeting of the board- 

Q. What board?—A. Of the ballot-law commission; and it was absolutely 
impossible to get ready at this notice—to get ready short of three or four or 
five days’ notice, at least, to bring it before the board. I would like to say fur¬ 
ther something I forgot to mention before: At that time, shortly after the 
hearings had closed at the ballot-law commission, I saw Mr. Burlen and, I 
think, INIr. Mahoney, and I asked them what they were going to do about the 
illegal registration hearing, and they said they had been busy, and they said 
when you are ready let us know, and I said that we were ready, and they said, 
“All right, we will let you know ” ; and we never heard anything further. 

Q. The hearings before the ballot law commission were not terminated 
before October 29?—A. I don’t remember, but it was the Tuesday before 
election. 

Q. That left five days, exclusive of Sunday, before election day?—-A. Yes, sir. 

Q. And, of course, Mr. Tague had his campaign to make in those five days?— 
A. AVe were going very big. 

Mr. Callahan. Not big enough. 

Mr. Harrington. Big enough. The votes showed it. The votes showed it. 

Mr. O’Connell. ^Ye got more votes that day, anyway. 

iVIr. Harrington. Itos; exactly. 




408 


TAGUE VS. FITZGERALD. 


Mr. O’Connell. That’s tlie truth. More people in the district voted for us 
than voted for them. 

That’s all. 

Cross-examination by IVIr. Callahan: 

Q. INIr. Harrinjiton, besides being attorney for Mr. Tague, you were one 
of Ids strongest supportei's?—A. Yes, sir. 

Q. And you were working actively for him before the primaries?—A. Yes, sir. 

Q. And before the election?—A. I should say Friday before the primary—■ 
about 10 days before the lU’imary I took a very active interest in the campaign. 

Q. And besides you were active in politics in Charlestown?—A. Yes, sir. 

Q. And you were active in IMr. Tague’s own ward?—A. No, sir; my ward is 
ward 3. 

C. Ward 3?—A. The correct ward. 

(.). Now. you acted as attorney, or you assisted Mr. O’Connell before election 
at the recount?—A. Yes. sir. 

0. Of the primary?—A. Yes, sir. 

Q. And you appeared before the ballot law commission also?—A. Otf and on, 
not regularly. 

Q. And after that you were then active in Mr. Tague’s campaign for elec¬ 
tion 1- —A. Yes, sir. 

O. And then you appeared as associate counsel before the election commis¬ 
sion on tile recount of election?—A. Yes, sir. 

O. And since that time you have l)een actively engaged as Mr. Tague’s coun¬ 
sel?—A. Yes, sir. 

Q. Now, you had been before the election commission a great many times 
on the question of illegal registration, hadn’t you?—A. Never on illegal regis¬ 
tration. 

Q. You knew about hearings they had on cases of illegal registration?^ 
A. T re-nl three newspaper reports of three. I never attended any before the 
co^i'inission. 

O. As a matter of fact, you prepared this petition, didn’t you?—A. No, sir. 

Q. Were you ready at any time to appear before that commission?—A. 
Yes: provided that we had time to get our witnesses together. I might add 
we bad the same evidence there as we have had in this case, ready to present 
to them. 

Q. It is true your petition was^filed on-the 24th of October?—A. I think that’s 
the date. 

(}. And on the same date, Mr. O’Connell, or Mr. Tague, as shown by the evi¬ 
dence, was notified? 

]Mr. O’Connell. No. 

(}. On the 25th? 

INIr. O’Connell. No, no. 

A. The petition was put in many days before the notice came for them to 
appear for the hearing. 

Q. At any rate, on the 24th or 25th of October, you were notified, or Mr. 
O’Connell was notified, they were ready to hear IMr. Tague’s side, that’s so?—A. 

I was not present. 

Q. You were present here.^—A. The testimony here was Mr. O’Connell re¬ 
ceived 15 minutes’ notice and received notice later in writing. 

Q. Now, isn’t it a fact that there were four or five days when there was no 
hearing before the ballot law commission? That is, four or five days before 
the day on which arguments were made?—A. I don’t think, at any time, there 
was a recess of four or five days, sir. 

Q. Was there a recess of three days?—A. One or two. 

Q. Isn’t it a fact you testified, and Mr. Tague testified here, and you know 
it to be a fact that they suspended their hearings for two or three days and 
then a great many witnesses appeared on that second or third day?—A. Two 
days, as I remember. 

(}. An interval of two days?—A. That's my memory on it. 

Q. Couldn’t you have gone forward on any one of those days?—A. We 
couldn’t go forward without the request of the board. 

Q. But you had the request?—A. We had no request at that time, also dur¬ 
ing that time we were preparing ourselves, and we were getting all the evi¬ 
dence we could, and this evidence was coming in on the soldiers and sailors— 
was coming in all the time to us—and we had to go out and investigate it all 
the time, our time was all taken, so there was no chance. 


TAGUE VS. FITZGERALD. 


409 


fw f you knew as to election cases that you had to 

the^ho ir?/« ifi^ priina facie case?—A. On order of 

the boaid, with proper notice of it, which was never given 

make out T" before the board and 

quested to,'only by that l^minute^ioUce''^''’^ because we were never re- 


^ Justice Lolster-A. Chief Justice Bolster—we made our petition 

before the election commission, and then Chief Justice 
olstei said on account of the intluenza lie did not want a large gathering of 
people and he would notify us later when that hearing would tiBve place. 

O- And that hearing has not taken p’ace?—A. No 

hin^ mtuofr' I'""'? ^''^®ter and taken it up with 

nim, either?—A. I never did. 


Mr. O’Connell. He forbade us to do it. 

Mr. Callahan. No; he didn’t. 

A. He said at that time nothing should lie said about the matter. 

Q. 1 lease vait until I ask the question. Now, IMr. Harrington, you got 
something new in here, in this reference to Mr. Finigan you said Mr. Finigaii 
said I know I m wrong,” the-A. Yes, sir; as I remember it. 

Q. The testimony, so far as the 80 days is, is “If I’m wrong I’ll stay 
wrong-A. He never said “ If.” 

Q. He said, “ I know I’m wrong? ”—A. Exactly. He said it good and flat 

Q Now, Mr. Flynn was there?—A. At my .^ide, and not at his side as he‘so 
testifaed. 


Q. And Mr. Flynn was a manager for Tague?—^A. Yes, sir. 

Q. Do you know Flynn?—A. Very well. 

Q. Did he give I\Ir. Finigan any provocation?—A. None whatsoever. 

Q. He was silent then?—A. He was at that time very well behaved. 

Q. No\\, as a matter of fact, Ylr. Harrington, if Finigan said what you said 

he did, he did come back and certify aP those records of the recount? A I 

don’t know whether he did or not. 

Q. But you do know he came back the next day and helped in the recount?— 
A. Oh, yes; but whether he certified or not I don’t know. 

Q. But after he made the statement of not taking any further part in the 
recount A. He didn’t say he would take no jiart in the recount, but in the 
recount of those precincts. 

(N But he did take part in the recount of the rest of the precincts?— A. 
Yes, sir, 

Mr. Callahan. That’s all. 

Mr. O’Connell. Just one more question. 


Redirect examination by Mr. O’Connell : 

Q. Recalling your attention to the testimony of Mr. Was.sernian that he made, 
that he remembers having spoken to me on the street sometime after October 29, 
prior to election day on November 5, what do you say as to that? Do you 
know where I was during that week?—A. Yes, sir. That is, I know this—^ 

Mr. Callahan. He knows you told him. 

A. I know you went away to Washington, and it would be impossible to talk 
to you, because I went over to your office a half a dozen times to see you and 
talk to you and you weren’t back and didn’t get back—:— 

Mr. Callahan. What time did you go to Washington? 

Mr. O’Connell. Four or five days before election. I shouUl say Thursday or 
Friday. 

Mr. O’Connell. That’s all. 

Arthur Harrington, 


Mr. Taylor, the other witness to be examined, is detained with some im¬ 
portant business and can not come until to-morrow, so his examination will 
have to go on to-morrow. 

Notary Berman. Which Mr. Taylor is that? 








410 


TAGUE VS. FITZGEKALD. 


]\Ir. O’Connell. Mr. William Taylor. I would ask that we take a recess until 
2 o’clock. 

Notary Beeman. We will adjourn until 2 p. m 
(Adjourned.) 


AFTEKNOON SESSION. 

Hon. PETER F. TAGUE on the stand: 

Direct examination by Mr. O’Connell: 

Q. Mr. Tague, in order to clear up any misunderstanding as to your residence, 
you live at 21 Monument Square, Charlestown, is that right?—A. Yes, sir. 

Q. And where do your mother and sister live?—A. No. 47 Corey Street. 

Q. And that is some distance from your house?—A. Half a mile. 

Q. And that is where Mr. Turnbull lives?—A. Yes. 

Q. I call your attention to that part of Mr. Lomasney’s testimony wherein he 
stated that, in substance, that if he would give you his support, you didn’t care 
if you ever went back and that you would be satisfied with one term, and I ask 
you whether there was any such conversation as that ever had with Mr. Lomas¬ 
ney? 

Mr. Callahan. Now, may I ask, is that one term or two terms, to be accurate 
about it? 

The Witness. It doesn’t make any difference whether it was one term or two. 
there was no such conversation ever took place, no such agreement ever entered 
into. 

Q. Any suggestion of that kind?—A. Never by anybody. 

Q. I call your attention now to a part of IMr. Lomasney’s testimony in which 
he refers to John I. Fitzgerald. Did you make any suggestions of John I, Fitz¬ 
gerald running for the Senate, or did you speak of him, or did you sign any circu¬ 
lars for him, or did you authorize anybody to sign any circulars for him, as stated 
in Mr. Lomasney’s testimony?—A. I never brought Mr. Fitzgerald's name in in 
any way, shape, or manner, never discussed his being a candidate for the Senate, 
never spoke of him, never signed any documents, and never authorized anybody 
to sign any documents for John I. Fitzgerald. 

Q. Calling your attention further to Mr. Lomasney’s testimony wherein he 
says you promised to interrupt President Wilson, when the President was mak¬ 
ing his address to Congress. I am going to ask you if you did make any such 
promises at any time to Mr. Lomasney? 

Mr. Callahan. I object, because that isn’t a correct statement of what INIr. 
Lomasney said. 

Notary Beeman. Proceed, Mr. O'Connell. Note Mr. Callahan’s objection. 

A. I never made any such agi’eement, and never made any such statement, 
and wouldn’t make any such statement to any man on a question of that kind, 
and no man knowing the conditions in Washington would ever think of making 
such a statement, or ask that such a thing be done. 

Mr. Callahan. I object. 

Notary Beean. Note Mr, Callahan’s objection. 

Q. “ If I had been in Congress I would have asked the President, when he was 
making the address, ‘ Mr. President, with all due respect to your exalted position, 
what is going to be the English attitude towards Ireland?’” AVas there any 
such statement by Lomasney to you at any time?—A. Never. 

Mr. Callahan. AA'ait. That’s what Mr. Lomasney said he would do, 

air. O’Connell. Oh, yes; h(‘ said he would do these things. He agreed he 
would do it. 

(]. Did you make any such promise as that?—A. No such agreement was 
ever made by me as that. There was no such question asked me by air. 
Lomasney. It is ridiculous. 

Q. AVhat do you mean that it is ridiculous?—A. It is ridiculous to think 
any man would get up and interrupt the President of the United States when 
he was making his address to Congress. No man has ever done it in the 
history of the country. 

Q. Now, air. Tague, I call your attention to that part of air. Lomasney’s 
testimony wherein, in substance, he says the late Postmaster aiurray was 
bitter against you because of a charge you made of his having opened your 
mail, and I ask you whether you ever accused Mr. aiurray of opening* the 
mail belonging to you?—A. That is absolutely untrue also. 'air. aiurray and 
I were always the closest personal friends and always had been since he was 


TAGUE VS. FITZGERALD. 


411 


a small boy, and I succeeded him in Congress. When the question came up 
of opening my mail it was brought up before a committee on expenditures and 
accounts in the Congress of the Fruited States, I knew nothing about the 
iiu estigation, but was summoned as my name was brought into it, and the 
first thing I said to that committee was that my mail has never been tampered 
with in Boston and that no man in Boston from the postmaster down would 
interfere with it in any way, shape, or manner. And Mr. IMurrya’s records will 
show it, and Mr. Murray pul)licly thanked me for that statement. 

Q. Now, then, in IMr. Lomasney’s testimony, were severely criticised- 

INIr. Caixahan. Now, don’t you think you better read the statement? 

Mr. O’CoNXEnLL. No; because there are brainstorms all through it for several 
pages. 

Mr. Callahan. We don’t want characterization now. 

Mr. O’Connell. Please let me ask the question. 

Q. You heard Mr. Lomasney’s testimony, which, in substance, accuses you of 
wrong-doing in connection with the pneumatic-tube service and your vote on 
that question, what do you say about that?— A. There was never anything 
wrong, so far as I was concerned with the pneumatic tubes in any way, shape, 
or manner. The pneumatic tubes are a branch of the mail service carried on 
in six leading cities of the country. The Postmaster General wanted to do 
away with it, and I acted as a representative of this city, and representative, 
in fact, of all the New England cities, without a single dissenting vote, every 
civil organization in the cit.v, with the mayor in sending down his representa¬ 
tive to appear before the committee of Congress, the chambers of commerce, the 
boards of trade, every organization doing business in Boston that could send a 
representative, not only to Washington, but to the Chamber of Commerce, every 
cit.v in the country where tubes were was represented at this hearing and no 
individual had anything to do more thnn another, everyone was with pneu¬ 
matic tubes representing these cities in Congress. 

Q. Had your predecessor, Mr. Murray, taken this stand?—A. IMr. IMurray was 
one of the strongest advocates. 

Q. Of what?—A. Of pneumatic tubes while he was in Congress, and the only 
reason that he changed was liecause Mr. Burleson issued orders. 

Q. This was after he left Congress?—A. After he left Congress and was the 
Boston postmaster. 

Q. Did you have any talk with Mr. Lomasney concerning Mr. Murray and 
]Mr. Murray’s position in reference to the congressional nomination of last 
year?—A. Yes. 

(). Will you state the conversations you had in the order in which you had 
them?—A. I called in to see Mr. Lomasney about him supporting me for Con¬ 
gress, and he said Mr. Murray had been down and was very much opposed to 
me. and Murray wanted him, Lomasney, to be a candidate. Lomasney then 
said to me, “ I know what Murray is driving for.” And I will say frankly I 
hate to bring Murray’s name in here just now, but it was brought in, and I 
can’t help it. Mr. Lomasney said, “ I know what Murray is driving for; Murray 
wants to go back to Congress; Murray asking me to be a candidate,” meaning 
Lomasney, “ isn’t anything he means. It isn’t from the heart; it is from the 
lips; it is the chatter of a man who wants to say something to compliment me.” 

Q. Had you had any conversation with him prior to that concerning Mr. 
IMurray, and Mr. Murray’s position?—A. Yes; previous to that there was a 
taking for the North Station post office. The Post Office Department decided to 
take, the property on Nashua Street. Mr. Lomasney had property on the cor¬ 
ner of Causeway and liancaster- 

Mr. Callahan. Will you note my objection to this? 

Notary Berman. Note Mr. Callahan’s objection. 

A. Mr. Lomasney had that property and he thought the post office should 
have gone over there. He criticised me because the post office was put in my 
district, and put down there without my notifying him that it was going in 
there. I investigated to see where the post office was going, and I went in to see 
IMr. Lomasney a day or two later and showed him I had nothing to do with the 
post office, and nothing to do with the placing of the post office, and showed 
liim where Mr. Murray had sent the present acting postmaster, Mr. Hurley, 
down to Nashua Street with Mr. Clark, of Brooklyn, N. Y. He was the builder 
and bought in all the property and built the post office. And I showed him I 
had nothing to do with it, and when he found that Murray was the man who 
liad done it, he became enraged and says, “ That’s what you get for treating 
these fellows the way I treated Murray. If he had let me be the real estate 




412 


TAGUE VS. FITZGERALD. 


broker in this case I could have cleaned up $25,000; instead of that they have 
taken the Nashua Street property and every piece of property up to the property 
I own and they have left my property outside.” 

Mr. Callahan. Note my objection to that. 

Notary Beeman. Yes, sir. 

Q. What else did he say?—A. Mr. Murray would never hold public office 
m Boston again as long as he lived if he could help it. 

Q. Did he refer to that at a certain interview when Mr. Murray called on 
him in relation to the congressional candidacy?—A. Yes. He said he knew how 
Murray felt. “ Mr. Murray done me an injustice when he took the post office 
and built it the way he had, and I never forgave him, and he can’t come down 
here and make me believe he wants me to go to Congress, and cover himself up.” 

Mr. Callahan. Note my objection to that answ’er, please. 

Notary Bpirman. Note Mr. Callahan’s objection. Proceed, Mr. O’Connell. 

Q. The intimation is made by Mr. Lomasney that because your campaign 
committee had taken some contributions from some gentlemen that there was 
something wrong in it on your part. Beferring particularly to that part of 
his testimony where he referred to the report of your cMinpaign committee 
which was tiled by Mr. Heedy, showing the receipts of money and expendi¬ 
tures of the same, did you ever take any money from any corporations?— 
A. Never. , ' 


Q. What do you say about your campaign committee having received con¬ 
tributions?—A. My campaign committee received money and tiled a report of 
it in accordance with the law, tiled it so that people could know who gave 
the money. It was in a former mayoralty campaign and had nbsolutely 
nothing to do with the congressional contest; and if I had been fortunate 
enough to have been elected mayor of the city, I would have resigned my 
position and never gone back to Congress. It was filed squarelv within the 
law, and if there was anything wrong, it never would have been filed the 
way it was, so all the people could know it. 

Q. At that time was there any legislation pending in Congress concerning 
pneumatic tubes?—A. No. Congress was not in session. 

Q. AVas any legislation pending at that time?—A. No; the piieumatic legis¬ 
lation had been passed in July. 


Q. IMr. Lomasney in his testimony states that you rlid nothing for_stated 

that the Jewish people were finding a lot of fault with the way yon treated 
them and there was some kicking among the Italian people. What do you 
say about that, Mr. Tague? A. I never heard anybody in this district obiect 
to me since I have been in Congress—object to me or anything I have done. 
I never slighted anyone, and have never l)een criticised hy aiiybody and so 
far as doing favors for the Jews and Italians he empha.sized verv clearlv 
that he wanted all favors done through his office. 

Q. I call your attention to that i)art of Mr. Lomasney’s testimony in which 
he states his reason for being before the Ballot Law Commission aiid liringing 
in the voters. Will you tell us what the real situation was before the Ballot 
Law Commission that brought about a situation that Mr. Lomasney nroduced 
those witnesses the he did produce? 


Mr. Callahan. I object to that. Mr. Tague’s direct examination went in 
thoroughly to that situation. 


Notary Berman. Note Mr. Callahan’s objection. 

A. While the hearing was on before the Ballot Law Commission we were 
unable to get the witnesses to come in and Mr. Lomasney was there at every 

hearing, evidently running the hearing- 

INIr. Callahan. That I object to. 

Notary Berman. Note IMr. Callahan’s objection. Proceed, Mr. Tague 
A. It was rumored around the corridors that some of the’ witnesses wern’t 
going to come in. Mr. Cunningham made the statement that he wanted the 
witnesses to come in, and unless they did come in they would have to use other 
means of getting them in than they had. We were then told that when the 
witiu'sses were to come in they were to be only asked questions by the chairman 
of the commission, and, in other words, they were to be jn-otected from any in- 
terference by you, as my attorney. In the few days following Mr. Lomasney 
led up a troup of witnesses, many of whom have been summoned here and I 

notice they have not come in- ’ 

Mr. Callahan. I cffiject. 

Notary Berman. Note IVIr. Callahan’s objection. Proceed IVIr. Tague. 




TAGUE VS. FITZGERALD. 


413 


That comes to direct 


iSplisilaSig 

been said in reference to the votino- in wards ■) niul t 

tSrMn'Tugue:'""w?ii ,vmfbVKir::n"„K’i.".'; <ii; 

Mr. Callahan. I object. 

Xotary Bkisman. N„te Mr. Callalian’s’s (,l)1ec-tioii 
Notary Berman. Proceed, r^Ir. Tasiie. 

winl V w.,!! !»' 11. of war.l the vote oast in that 

stieet In m-ecli^cfr o^Uryfo'' ^ to 1 while directly across a SO-foof 

o, 6, in the same locality, the same kind of nenniP t 

can led that precinct, and in the precinct adjoining I was defeated hv 30 votes 
iVmidTL conclusively that colonization was going on in ward' s in precincts 

first part of your answer you said “ward 6”, you meant “ward 
Af Ip + Ill Piccincts 10 and 11, of ward 5, and precincts 1 and 2, of ward 6. 
At least I was defeated by a few votes in precinct 2, 

Q. In Lomasney’s testimony he picked out the Doors Hotel, on Pine Street 
shoAAing that there was a very large number of men, 300 in all, assessed at that 
TTotp? 9 —A 10 registered What do you say as to the character of the Doors 

• poors Hotel is a hotel run by some philanthropic people here 

m the city, run for the express purpose of taking care of men without homes 
Mr. Lomasney and no other man engaged in public life has ever been permitted 
in any way, shape, or manner to interfere with the people of that hotel or the 
voters of that hotel. 

V, «'e Hotel?—A. It is in wlint is called the 

South End of the city. 

Q. And that is in the part of the AAmrd that was formerh^ ward 7’—A Old 
ward 7. .t • • 


Q. And Avas brought into ward 5 last year?—A. The last two years. 

Q. And part of the M’ard that Mr. Lomasney had nothing to do with, outside 
of one lieutenant, Mr. Donovan, who had been a chairman for that end of the 
ward?—A. Yes. 

Q. Now, compare the work in this charitable institution, tins philathropic in¬ 
stitution, where men of high character run it, with such houses at 19 CauseAvay 
Street and the Hotel Lucerne, down in Mr. Lomasney’s part of the ward? 

Mr. Callahan. I object. 

Notary Berman. Note Mr. Callahan’s objection. You may answer, Mr. 
Tague. 

A. In the Doors Hotel, 300 are assessed and only 10 registered; at 19 Cause- 
Mmy Street, 30 are registered and about all voting. 

Q. Thirty assessed?—A. Thirty-two assessed, I believe, and 30 registering and 
voting. 

Mr. Callahan. I object. I suppose you can show that by the records. 

INIr. O’Connell. We have already gone into these facts in other parts of the 
testimony. In order to save time I am referring back to them for the purpose 
of learning the situation in connection with them. 

Q. The precincts where colonization goes on are precincts 4, 8, and 9, of ward 
5, are they, particularly?—A. Yes. 

Q. Although I presume it is more or less general throughout the ward?—A. 
Throughout the ward. 

Q. Now, take up, if you will, the registration in the various hotels of bona 
fide standing in the district?—A. In the Touraine- 

Mr. Callahan. Please note my objection to this evidence. This is not re¬ 
buttal. 

Notary Berman. Note INIr. Callahan’s objection. Proceed, Mr. O’Connell. 

Mr. O’Connell. Mr. Lomasney, in direct testimony, devoted three pages to 
the fact there was no colonization. 



414 


TAGUE VS. EITZGERALD. 


A. In the Hotel Touraine there were 4 registered. 

Q. The Hotel Touraine is one of the famous hotels of the world, is it not?— 
A. Yes, sir. 

Q. Is that in the heart of this ward?—A. Right in the middle of the ward. 
The Adams House has got 3 registered. 

Q. What is its standing?—A. A high-class hotel, on AVashington Street, in 
the center of the ward. 

Q. Also a large hotel?—A. Yes, sir. The American House, one of the oldest 
up-to-date houses, 6; Young’s Hotel, 6. 

Q. Y'oung’s Hotel is one of the famous hotels of the country?—A. Y"es, and 
2 were illegal voters, as we have proved. Clark’s Hotel, 2; Parker House, 9; 
the Elks’ Home, which is bachelors’ quarters, has 2. Now, against that, the Re¬ 
vere House has 56. That is down in the west end of the city. 

Notary Berman. All the previous hotels were high-grade hotels? 

The Witness. Yes, sir. 

Q. Right now, the Revere House has been declared by the Massachusetts Su¬ 
preme Court a nuisance, hasn’t it?—A. Y^es, sir. 

Mr. Callahan. I object. 

Notary Berman. Note Mr. Callahan’s objection. 

Mr. O’Connell. I will introduce the Massachusetts Supreme Court report. 

Q. And this is the house that Mr. Lomasney referred to in his testimony as a 
fine, old, respectable house?—A. Yes; he made a speech on that. The Quincy 
House, 39; Hotel Napoli, 11; the Rexford, 10; the Commonwealth has 15; the 
Hotel Windsor, 9; the Bowdoin, 21; Hotel Lucerne, 53; Merrill House, 28; Ket- 
terer’s, 10; Central House, 17. 

Q. Now, then, of’course, these are all houses of no note, and some of them, 
as has already been testified to, are disreputable places. There is all this 
large registration against respectable houses like the Touraine, Adams House, 
Clark's, and Young’s, having a very small registration. 

Mr. Callahan. No, no. Note my objection to that. 

Notary Berman. Note Mr. Callahan’s objection. Proceed, Mr. O’Connell. 

A. And 19 Causeway Street had 30 . 

Q. By the way, what is 19 Causeway Street, familiarly known throughout 
this city? [Witness hesitates.] 

Q. Go ahead.—A. The louse house. There is the Crawford House, with 14; 
Hotel Royal, 14; Bellevue, 16; 54 Howard Street, 12—none have ever been 
able to be found; 30 Causeway Street, 15; then thei-e are eight houses, four 
in North Anderson, 19; four in North Grove, 15; 24 Chambers, 15. 

Q. What type are these places?—A. These are supposed to be lodging houses 
down there in the West End. 

Q. What are they? I am asking if you know?—A. The same type of houses 
that we have just been talking about; they are cheap lodging houses. 

Q. Large or small?-—A. Small. 14 Chambers Street, 8; 76 Green, 14; 40 
liynde, 14; eight houses, 106 registered votes. 

Q. I am going to ask you as to what you say, Mr. Tague, as to IMr. Lomas¬ 
ney’s testimony that there was no colonization in that i)art of the city?—A. 
Why, in that-- 

Mr. Callahan. I object. 

A. Part of the city- 

Notary Berman. Note ]\Ir. Callahan’s objection. 

A. There were 500 names of men who didn’t live in that section of the 
city at all, many don’t live in the city. 

Q. Now, Mr. Lomansey in his testimony stated that you had some differences 
in reference to the war, and intimated that it was concerning your failure to 
vote against war, and for that reason he would not support you,’ will you state 
when was the first-—were there other differences between you concerning vour 
attitude concerning the war, and if so, relate any particular instance. I'call 
your particular attention to the Kronprinzcsscn Cecilie. —A. Some time in 
March, I think about the 1st of IMarch, United States Marshal IMitchell seized 
the Kronprinzessin Cecilie in East Boston and took i ao crew off the ship and put 
his own men in charge of it. On the Sunday follo^^ ing his seizure, I got a tele¬ 
phone call from Mr. Lomansey to come over and meet him in his office, and I 
went over and when I got over in his office he introduced me to the chief 
engineer of the Kronprinzensin Cecilie, I think he was called Werps, he com¬ 
plained very bitterly that these men, the crew of this ship, the Kron Prinz, had 
been treated very shabbily l)y Mr. IMitchell and that he had overstepped his 




TAGUE VS. FITZGERALD. 


415 


slnp over, that he had gone down in the middle of the night 

i 1 ^ severe storm, taken them away from the 

ship and had not alloAved them to get their baggage. 

iNIr. Callahan. Note my ol)jec‘tion. 

Notary Berman Nh)te Mr. (Milahan’s ohjeetion. Proceed, Mr. Tagiie. 

owithin his rights and \vanted me to pro- 
f 1 1 \\ ashington against the treatment these men were receiving, and I 

Mr’ Mi'/rhiil'"" '1/'“ 1 "'‘t’ I 'H'l fi-oiH I'is oflice, I calle.l up 

Mr. Mitcliell oil the teliilioiie, Mr. Sritcliell was then aboard the ship, ami I 
asked him to tell me Avhat the circiimstanees M'ere, and he said_ 

Mr Callahan. Note my objection to this conversation between Mr Mitchell 
and Congressman Tagiie. 

Notary Berman. Note Mr. Callahan’s objection. Proceed IMr. Tagiie. 

A. He said that he was acting within his rights as a representative of the 
(Tovernment and the representative of the people Mdio had the lien on the 
ship. Pie seized the ship on Saturday night, having received an intimation that 
these men were going to destroy the ship in case of a declaration of war, that 
he went aboard the ship, but first before going aboard the ship he provided 
qiiaiters for the crew and the men of the ship in the immigrant station and 
tie orhceis in the hotels, and that he went there in an orderly M^ay and took 
them fiom the ship, and transferred them to the different hotels and the im- 
inigTaiit station. He was Mulling, he said, at any time to give these men all 
then belongings, and that they could have them upon request, and I told that 
to Mr. Lomasney and this chief engineer up here in his oflice. 

Q. hat else did IVIr. Mitchell tell you as to why he wouldn’t let these men 

on? 

Mr. Callahan. Note my objection. 

Notary Berman. Note Mr. Callahan’s objection. Proceed Mr. Tague. 

A. Mr. IMitchell said he would not permit this man or any other man that muis 
a member of the crew to go aboard that ship, because he knew they intended 
to destroy it, that they found wires put there for the purpose of *destroyin,g 
the ship, that the cylinder heads had been reversed, valves were taken out and 
put in the wrong place, and if an attempt had been niade to start the ship 

under its own steam she would have bloMm right up in the dock. 

Q. Did you tell Mr. Lomasney?—A. I told INIr. Lomasney the whole thing 
right through and then he insisted I take it up Muth Washington. 

Q. Was anything more said?—A. I told him I would not do it, as Mr. Mitchell 
had acted Mutliin his rights, and he should do as he had done. 

Mr. Callahan. Note my objection to that whole answer, please. 

Notary Berman. Note Mr. Callahan’s objection. Proceed, Mr. O’Connell. 

Q. Nowq was there anything said by Mr. Lomasney in connection ^vith this 
Kronprinzessiu CeclUe story? 

Mr. Callahan. I object to that. 

Notary Berman. Note Mr. Callahan’s objection. You may answer, IVIr. Tague. 

A. He said it was an outrage the way these men were being treated, and 
that M'e were not in the presence of \var and they had some rights that ought 
to be protected, and that Mr. Mitchell had overstepped his rights in going 
there and remaining there on the ship. 

Q. Now, I call your attention, Mr. Tague, to that part of i\Ir. Lomasney’s 
testimony in which he brought forth a paper, distorting it into a meaning to suit 
Ids own purpose. I am going to ask you to tell us the conversation you had 
with Mr. Lomasney concerning the contract for the building of the storehouse 
over in South Boston, familiarly known as the Kearns contract, being the 

20,000,000 contract- 

Mr. Callahan. AVait just a minute. I want 


to object to this, because 
South Boston. AVhen you 
introduced as evidence, I 


Air. 

say 

am 


Lomasney made no reference to the contract of 
a paper, if you mean a paper Air. Lomasney 
perfectly willing Air. Tague should explain it. 

Air. O’Connell. That’s just what I am asking about. 

Q. Go ahead.—A. When it became known there was going to be a storage 
\varehouse in South Boston, and there v^ere rumors that Air. Kearns \vas 
going to get the contract- 

Air. Callahan. I object to that, because it is not in reference to anything 
that was brought out in our case. 

Notary Berman. Note Air. Callahan’s objection. Proceed, Air. Tague. 

A. I went to see Air. Lomasney, as I did very often, and he \vas very much 
incensed to think that that bis contract \vas coming to Boston and the ex- 





416 


TAGUE VS. FITZGERALD. 


peiuliture of all those millions of dollars, and he was not considered in on 
that contract. He said that he was maintaining a big organization and that 
the way to rim an organization was by getting money to run it, and the 
way to get it was by contracts, and I wasn’t doing my share in bringing con¬ 
tracts over to him and that section of the city. He was opposed to Mr. Kearns 
having the contract he said, hrst, because lie thought Curley had something 
to do with it. Then he wanted to go down and oppose the granting of the 
contract to Kearns. I went down a day or two after, and went to see the 
Secretary of War and find out who had the contract. Mr. Crowell, then act¬ 
ing as Secretary of War, told me the contract was not then awarded, that 
there were two of three contracting concerns after it, but IMr. Kearns was the 
one that was the most satisfactory so far, and then I called up IMr. Lomasney 
on the telephone and told him what had happened, that I had talked with Mr. 
Crowell, and Mr. Crowell said the contracts were not yet settled. He asked 
nie then to oppose Kearns getting the contract on the ground that Curley was 
interested and Gallivan was interested and he was not being considered in 
it at all. I then sent him word that the contracts were going to be settled 
very shortly, and that if he wanted anything done he would have to get busy. 
Mr. Lomasney then sent me a telegram. 

Q. During the conversation did he say he would do anything further about 
sending anybody else down to Washington?—A. Yes. 

Q. What did he say?-—A. IMr. Lomasney told me to do what I could and 
he would send the mayor and others down there to help to get the contract 
for somebody. 

Q. Did he say who, that he would advise you whom he sent down?—A. He 
told me he would send the mayor and advise me just when the mayor was 
coming down there. 

Q. AVhat did he say he would ask the mayor and what did he want you to do? 

IMr. Callahan. I object. 

Notary Berman. Note Mr. Callahan’s objection. 

A. He said to me, “ You go down and do what you can, and I will see the 
mayor and see that he goes down lo Washington and opposes these contracts 
and he will bring somebody else with him to help him.” 

Q. Did he say how he would advise you?—A. He would telegi-aph me under 
the name of ” Jones,” when the mayor was going to leave the city and when 
he would probably arrive in Washington. 

Q. Did you receive any such telegram?—A. I did. 

Q. Is that the telegram [showing witness telegram]?—A. Y>s, sir'. It is 
signed “ Hones,” but it is intended for “ Jones.” 

Mr. Callahan. I would like to object to that, for two reasons, first of all 
it can’t be properly authenticated, and secondly, it is not any rebuttal of any 
evidence we put in the case. 

Notary Berman. Note Mr. Callahan’s objection. 

(Telegram examined by counsel). 

Mr. Callahan. I object to this. 

IMr. O’Connell (reading) : 

“Boston, IMass., March 5, 1918. 

Hon. Peter F. Taoue, Hotel Driscoll, Wasliinfjton, D. C. 

Telegram received. Do all you can to beat the man you are opposing. It 
is important to have Nawn win. IMany of our best friends are working for 
him. It is your best play to assist him. Be with anybody to lick the other 
fellow. 

“ George .Tones.” 

(This telegram marked “Exhibit 120.”) 

Q. Was that the name signed to the telegram that Mr. Lomasney told you 
you would receive a telegram under?—A. Yes, sir. 

Q. The Nawn referred to is Mr. Nawn, a big contractor in Boston?_A. 

Harry Nawn. 

Q. “To lick the other fellow” on that contract means whom?—A. Lick 
Kearns. 

Mr. G’Connell (reading) : 

“ Boston, Mass., March 9, 1918. 

Hon. Peter F. Tague, Hotel Dtiscoll, Washington, D. C. 

Tbe mayor is leaving on the seven-thirty train this evening and will be over 
to-morrow morning. Mack will be over Monday morning. Work hard and 

“Bones (or Hones).” 


TAGUE VS. FITZGERALD. 


417 


Q. Is tlitit th© same?—A. The same man. 
were telejirams were from Mr. Martin M. Lomasney?—A. They 

Q. And were in accordance with his arrangement made with you that he 
\\onld send a telegram signed with one of those signatures*^ 

Mr. Callahan. I object to that. 

Notary Berman. Note Mr. Callahan’s objection. 

Q. No\\, then, did the mayor of Boston appear in Washington on the follow¬ 
ing day?—A. He did. 

(}. And did he go to the Secretary of War to prevent Kearns from getting 
the contract?—A. He did. 

Q. Who is “Mack*’ referred to in this telegram?—A. McFarland of the 
Boston American. 

Q. I’olitical friend of Lomasney’s?—A. Yes, sir. 

Q. Political writer for Mr. Hearst?—A. Yes, sir. 

Q. He showed up with the mayor*?—A. Yes, sir; the next day. 

Q. Did he try to stop the contracts from being given to Mr Kearns*^—A He 
did. 

Q. When yon came home, shortly after that, did you have a talk with Mr. 
Lomasney in reference to these contracts?—A. I did. 

Q. \Vhat did he say? 

INIr. Callahan. I object to thi.^. This is not rebuttal. 

Notary Berman. Note Mr. Callahan’s objection. You mav answer. Mr 
T'ague. 

A. l\Ir. Lomasney he was still very much incensed because the contracts 
had not come the way he wanted them to. I told him if he would furnish me 
with the names of legitimate contractors that would be acceptable to the Gov¬ 
ernment I would go down to Washington and try and get the contracts. Pre¬ 
vious to that I had told him I didn’t want to get mixed up in the contract 
game. He told me he was surprised that I didn’t bring the contracts home to 
the district, and I said, “ If you will get me the names of the contractors, I 
will see what I can do.’’ And he said, “ You bring the contracts and I will 
get the right names and I will get the men to do the work,” and I said I 
couldn’t do it that way. He said there was a man named Root, who was a 
reputable business man, and he thought he could do the work, and as long as 
I was going to Washington that night he would send me down the names of 
the concerns. I went to Washington and didn’t get the names of the con¬ 
cerns. I wrote him I had been to see Gen. Marshall, who had charge of all 
the building of the cantonments, and Mr. Starrett, and they said they would 
give me the work if I could give them the names of legitimate contractors and 
would be glad to give me the work. I then wrote to Mr. Lomasney the letter he 
made such a sensation a])out. 

Q. AVhat do you mean l)y that, that you landed the contracts in the dis¬ 
trict?—A. I wanted to bring them home to the people. 

Q. Did you expect to get in on them personally?—A. Never, never. 

Q. Did you expect to, or hope to?—^A. Never. 

Q. What else did he say as to the Kearns contract and what it meant here 
in Boston? 

IMr. Callahan. I object. Note my objection to that. 

Notary Berman. Note'Mr. Callahan’s objection. You may answer, Mr. Tague. 

A. He said the Kearns contract was a direct slap in the face to him and the 
others; tlmt the men Avho were getting the contract, Kearns—that his brother 
had caused him to be put out of the schoolliouse commission, that Curley was in 
on the contract, and that the contract was in the hands of John Feeney, and 
lie said that John Feeney would blackjack everybody who had anything to do 
with the contract- 

Mr. Callahan. Note my objection to that answer. 

Notary Beriuan. Note Mr. Callahan’s objection. Proceed, Mr. Tague. 

A. That he was a jury-fixing lawyer and he would do anything to get the 
money. 

Q. Who is Mr. Feeney?—A. John P. Feeney, an attorney, one of Mr. Fitz¬ 
gerald’s associate attorneys. 

Q. In this case?—A. In this case. 

Q. What else did he say about it? 

Mr. Callahan. Note my objection. 


122575—19-27 




418 


TAGUE VS. FITZGERALD. 


Notary Lehman. Note Mr. Callahan’s objection. 

(}. Now, INIr. Lomasney stated in jiart of Ids testimony^—there was some 
statement—what other talks did yon have with i\Ir. Lomasney about j^ettinj? 
contracts for his friends?—A. Why, .Tohn 1. Fitziterald wanted contracts. 

Mr. ('allahan. Note my objection to that. 

Notary Berman. Note IMr. Callahan’s objection. Yon may answer, Mr. 
Tas'iie. 

A. John I. Fitzgerald wrote in to Washington and wanted me to get clothing 
contracts; said he had a man down in the west end that wanted to make 
clothing. ]\Ir. Mancovitz wanted contracts for the building iron work. 

(). Mr. Manovitz is the notary sitting in for Fitzgerald in this case?— A. 
Yes, sir. 

Q. And John I. Fitzgerald is the character that has been around here making 
ti'onhle and causing a disturbance from the very beginning?—A. He is. 

Mr. Callahan. Note my ol)jection. 

Notary Berman. Note Mr. Callahan’s objection. 

Q. In other words. Mr. Lomacy was after yon all the time to get contracts 
for himself or his closest friends. Senator .John I. Fitzgerald, or Mr. Mancovitz, 
the man that is sitting here as notary?—A. Yes, sir. 

Q. What about the housing contracts tor Mr. John C. Kiley—did he ask 
yon concerning them?—A. Mr. Kiley was down there looking after the housing 
contracts. 

Q. Yon were told by INlr. Lomasney to help him out?—A. I was. 

Q. AVho is IMr. .John C. Kiley?—A. INIr. Loma.sney’s partner in the Beatty 
Construction Co. 

Q. And when Mr. Fitzgerald was mayor of Boston, wasn’t Mr. Kiley real 
estate expert for the city of Boston?—A. He was. 

IMr. Callahan. I object to that. 

Notary Berman. Note Mr. Callahan’s objection. 

Q. And through him a great number of iand deals were put through between 
liOimisney and Fitzgerald; is that true?—A. There were. 

Q. Ami is ]Mr. .John C. Kiley the man that asked you in AVashington to help 
get him get the housing contracts?—A. Yes; for the sale of land. 

Q. For the sale of land. And he failed to get them, did he?—A. He did. 

Mr. Callahan. Note our objection. 

Notary Berman. Note Mr. Callahan’s objection. 

Q. The housing that Mr. Kiley was interested in was in connection with land 
in Quincy where the Fore River Shipbuilding Co. is located?—A. Yes, sir. 

Q. In which company IMr. .Joseph P. Kennedy, the son-in-law of .John F. 
Fitzgerald, was engaged?—A. Y^es, sir. 

Q. And interested?—A. Yes, sir. 

Q. So it was a combination between Lomasney and Fitzgerald and the Fore 
River Shipbuilding Co on the housing proposition, and it was your failure to 
get favors for them that brought about this feeling on the part of Lomasney 
against you?—A. Yes. 

(}. They also wanted—Mr. Lomasney or Mr. Fitzgerald, or either of them, 
wei'e interested in the sale of land over in Charlestown for the enlargement of 
tlie navy yard?—A. A>ry much interested in having the navy yard enlarged. 
IMr. James Fitzgerald, brother of .John F. Fitzgerald, wrote me several letters. 

I published one in the newspapers, asking me to get*an appropriation for the 
enlargement of the nav.v yard, so the land they owned would he taken. 

Q. You didn’t do that?—A. I did not. 

Mr. Callahan. Note my objection. 

Notary Berman. Note Mr. Callahan’s objection. Why not make one general 
objection, Mr. Callahan, rather than keep interrupting? 

Mr. Callahan. No, no. 

Q. 

pori 

Q. 

ine in the beginning of the campaign, and all of a sudden he dropped off, and 

^ ^ promised a position in the law department of the cltv 

of I>ostoii. 

Notary Berman. 
law department? 

The Witness. Yes. 

Notary Berman. His name is Samuel, not Robert. 


MV. l ALLAHAN. INO, llO. 

Q. Among those who promised to support you, and were active in your sup- 
rt, in your campaign, was Robert Silverman one of them?—A. In ward 6. yes 
Q. How long did Mr. Silverman continue to support you?—A. He supiiorted 


•Just a moment. Are you referring to the young man in the 


TAGUE VS. FITZGERALD. 


419 


Q. Is that the one you refer to?—A. Yes. 

Q. ihen you found out that Mr. Silveriuau had got an appointment from 
iMayor Peters to go into tlie law department?—A. Yes. 

Q. Do you recall a man by the name of Shaw, David B.?—A. Yes. 

Q. And what was given to him in return for his support against you?—A. 
Air. Shaw, for a great many years owned a piece of property over on Medford, 
oft Aledford Street, called Jennings Place. They were old houses that had been 
knocked to pieces by the l)oys; been put on the market by the Cooperative Bank 
tor $1,200. That i)r()perty was on the market for a long time. Alayor Fitz¬ 
gerald refused to take it, Alayor Curley refused to unload it on the city, but 
All. Shaw succeeded in unloading it on the city this time for the extension of 
«i plajgiound in a school that was reduced in numbers more than anv school in 
the Charlestown district. 

Q. For what price?—A. A price beyond the assessed value, which I believe 
was $3,100, and anyone could have bought it for $1,200. 

Air. Callahan. Not my objection. 

Notary Berman. Note Air. Callahan’s objection. 

Q. And Air. Shaw, of course, lives in Charlestown?—A. Yes, sir. 

Q- Very close up to where you live?—A. Yes. 

Q. Now, I call your attention. Air. Tague, to the situation that existed here 
in this room on the day on which Air. Lomasney first gave his testimony, will 
you describe how the room was? 

Air. Callahan. That I object to. 

Notary Berman. Note Air. Callahan’s objection. 

You may answer. Air. Tague. 

A. The room was packed. 

Q. And among those who were present-A. The glass in that window of the 

door [indicating] Avas broken, and that rail [indicating] was broken. 

Q. Among those who were present that day, were there any who had been 
summoned by you and who failed to appear, and if there were will you please 
give their names, and if they are associated with Air. Lomasney in any way 
please describe the association.—A. John' Beatty, said to he proprietor of a 
construction company, was summoned by us and didn’t show up; Bernard 
Grant, a contractor, who is interested in a construction company; Henry Gray 
Jed AIcCarthy- ' * ‘ ’ 

Q. Who is he?—A. Court officer, who were summoned here, I believe came 
the next day ; Air. AIcNulty came in here, Pat NcNulty. 

Q. All these men were summoned to come in and give testimony whilst you 
were putting in the case?—A. Yes; all prominent members of tlie Hendricks 
Club. 

Q. Was John C. Kiley here?—A. He was. 

Q. Why had you summoned in these men?—A. Because they were illegal 
voters. 

Air. Callahan. Note my objection. 

Notary Berman. Note Air. Callahan’s objection. 

Q. And since that day, when I called attention to the fact that these men 
were here, now, have any of them shown up?—A. I haven’t seen any. 

{}. Now, I direct your attention to the filing of the list of illegal voters whom 
were complained to the election commissioners of the city of Boston. Did you, 
at any time, hear directly from the election commissionrs in any way stating 
that they would give you a hearing?—A. They never notified me^ at any time; 
never notified me directly at any time that they would give me a hearing. 

(j. After the hearing that was going on before the ballot law commission was 
finished did you call on them?—A. I think on Wednesday, the day after the 
hearing closed, or whatever day it was, the day after the hearing chised, I went 
down to the election commissioners, I met Air. Burlen, and I said, I think, now— 
we were waiting for a decision—I wanted to know when the hearing was going 
to take place on illegal voting, and Air. Burlen told me it was pretty late, in fact, 
it was too late; they were getting the ballots ready, and he didn’t think the 
hoard would give me a hearing, and we never did have a hearing. 

Q. Were you ready and willing to go forward?—A. I was ready then and I’m 
ready now. 

Q. Now, since that time have they ever made any effort to go into this ques¬ 
tion?—A. Never. 

Q. Have they ever called upon you for any of the evidence?—A. Never. 

Q. Have they ever called on any of the stenographers for any evidence such as 
lias lieen given here before this hearing in the last 80 days?—A. So far as I 
know, never. 




420 


TAGUE VS. FITZGERALD. 


Q. It was all available to them?—A, Yes. 

Q. Yon would be only too glad to furnish them 'with all the evidence you 
could?—A. I would. 

Q. You had stricken off the names of soldiers and sailors furnished the 
ballot law commission by the city of Boston? Is that the list [showing wit¬ 
ness list]?—A. Yes; it is. 

Q. Of voters in the-A. Tenth congressional district. 

Mr. O’Connell. I offer this list. 

]Mr. Callahan. I object to it. 

i\Ir. O’Connell (to stenographer). Mark those, please. 

Notary Bekman. Note Mr. (Callahan’s objection. 

Mr. O’Connell. I offer this for the purpose of sliowing the list who were 
summoned that the secretary of state furnished the election board of the city 
of Boston with a detailed list of those who were called into the Army and 
Navy and marine service of this country, which gave them ample opportunity 
to protect the voting list from being wrongfully used by those who would vote 
on the names of men who had been called into the service for war purposes. 

Mr. Callahan. Now, will you note our objection, because it is not rebuttal 
of evidence brought out by the contestee in this case. 

Notary Bekman. Note Mr. Callahan’s objection. 

Mr. O’Connell. It rebuts Burlen’s testimony. 

Mr. Callahan. No ; it doesn’t either, 

Mr. O’Connell. I beg your pardon. 

(List of* named marked “Exhibit 121.”) 

IMr. O’Connell. I now offer these stickers, the other stickers which we did 
not put in at the time of Exhibit 10, which we said we would. I now ask 
that they simply be marked. 

IMr. Callahan. Note our objection to this. 

Mr. O’Connell. This is clearly in accordance—here is Exhibit 10 [indicating], 
and in carrying out the understanding which we had at that time, I will intro¬ 
duce the other stickers, which Mr. Tague testified to at that time, and they 
will be marked. 

IMr. Callahan. Note our objection. 

Notary Berman. Note Mr. Callahan’s objection. 

(Stickers marked “Exhibit 10, 10a to lOe,” inc.) 

Notary Berman. Did you put in the genuine sticker? 

Mr. O’C’oNNELL. I will introduce-- 

Notary Berman. Introduce one genuine sticker. 

IMr, O’Connell. Better introduce a few of those. 

IMr. Callahan.. Might as well put them all in. 

Notary Berman. .Just put in one or two. 

IMr. O’Connell (to stenographer). Mark those. 

(Stickers marked “Exhibit 10 to lOj,” inc.) 

Mr. O’Connell. I think that’s all in connection with that. Oh, yes; I 
will introduce at this time the statement from a Boston paper under date of 
April 5- 

IMr, Callahan. Note our objection to that. April 5 when? 

IMr. O’Connell, Nineteen nineteen. It is as follows; 

(Read by Mr. O’Connell and marked “Exhibit 122.”) “Cable dispatch re¬ 
ceived by Mr. and Mrs. Frank DiPesa, of Mountain Avenue, Revere, announces 
their son. Ensign John A. DiPesa, who has been overseas for nearly^a year, 
has sailed for home.” Then it goes on to state something about DiPesa being 
a graduate of the schools. 

Mr. O’Connell. This is introduced at this time to show that the statement 
concerning the residence of the DiPesas is at Mountain Avenue, Revere, as 
stated Mr. Tague in his direct testimony, although assessed and registered 
at the Napoli. 

Q. Did you receive this telegram [showing witness paper] ?—A. Who is that 
from? John F, Fitzgerald? 

Mr, O’Connell. 

Boston, Mass., Fehruanj 5, 1917, 
Hon. Peter F. Tague, Meniher of Congress, Washington, 1). C. 

Get information for nle on German situation. Important that we hear from 
you before 11.30 to-day. 


(Signed) 


J. F. F. 





TAGUE VS. FITZGERALD. 


421 


V ’ that?—A. John p. Fitzgerald.* 

Mr telegram? 

iMi. O Connell. February 5, 1917. 

hy^thaO^'^^'^''^''’ objection to that. What do you intend showing 

nertea ^;HrthfSe™:;:r;?opagtcla“‘^"“'^ 

(Telegram Peb, S, 1917, marked “Exhibit 123.”) 

stmidl'n't’liis^caS'mtl Hm Postoif Pn«f''' Lomasney appeared on the 

obituary of him, or a biogLphf^-A It diT'™"“ “ 

“ Zt ”5-TThtv'a?f'■ "-rttten by the 

(tfste^'S’rapher).’' "•"> J’ou be good enough to mark these, 

He^dkh"' ''ad testified iie was not tile boss of ward 5, didn’t he?—A. 

(Newspaper articles marked “Exhibit loj”) 

m :./u^r:r tiJarh; 

pohticai controi of tiu.t ward, and this story began TmniediatX^^ a^^^ 

AvaiM 5?^^ .sensational statement here that he was not the boss of 

Mr. Callahan. Note iiij- objection. 

Notary Beraian. Note Mr. Callahan’s objection. 

Ar *■ admission of that evidence and statement of counsel 

nofM?^’:gL"?ki:Tt’wrs'‘’ ' 

Ye^s,’ st”^^ Boston Post advertised it in other papers printed in Boston?—A. 

Mr. O^oNNELL. I offer these copies of the advertisements, one printed in the 
Boston Transcript and the other in the Boston Record 

(Advertisement printed in Boston Transcript marked “Exhibit 12.5” and 
the one in the Boston Record marked “Exhibit 12(1”) 

Mr. Callahan. Note my objection to this also. 

Notary Beraian. Note iNIr. Callahan’s objection. 

. ^ ^ found the names of any additional voters 

in ward o, and their residence, concerning testimony given in this case, and if 
’af'^ us the names and what the situation is concerning them‘d 

xUi. lallahan. Note our objection to that, please 
Notary Beraian. Note Mr. Callahan’s objection 

f""' 2 Province Court, bis borne is in Swamp- 
Street,"mrcbekir: Dakota 

Q. This Province Court address is a barroom?—A. Is a hotel and barroom 
Q. Ihese men are interested in the hotel?—A. They own it 
9- And a liquor business goes on there.—A. Daniei IMcGonagle lives at 30 
Princeton Street, Aledford; Daniel Crowley lives at 24 Chambers Street a 
carpenter in the bridge department; Thomas P. Murray’s name was voted on, 
he lives at 36 Worcester Square and engineer in the Shipping Board. 

Q. Did all these men vote? Were their names voted on?—A. All voted on 
Q. On election day?—A. Yes, sir. 

Q. In the primary?—A. Yes, sir. 

INIr. Callahan. Note my objection to that. 

Mr. O’Connell. I think you may inquire. I would like to ask for a recess 
for two or three minutes. 

Notary Beraian. AVe will take a recess for five minutes. 

RECESS. 

Notary Beraian. The hearing will now be resumed. 

Mr. O’Connell. In regard to the connection between Mr. John F. Fitzgerald 
hnd Mr. Martin M. Lomasney and when Mr. Grenville McFarland is sent down 


422 


TAGUE VS. FITZGERALD. 


to Washington by Mr. Lomasney to prevent Kearns from getting the con 
tract, I offer this letter: 


[Republic rixblishing Co., PulHishers of Republic, Boston’s Leading Weekly.] 

• 80 Stati^: Street, Boston, Mass.. 

Ja)inarn !), 1917. 

Congressman Peter F. Tagtje, 

House Office Building, Washington, I). C. 

INIy dear Congressman: Grenville McFarland would like to go as a delegate 
from the congressional district to the constitutional convention, and it seems 
to me that he would be a good man for you to favor. Have talked inattei o\ei 
with Martin, who thiidvs matter can be arranged. 

Youi’S, respectfully, 

(Signed) John F. Fitzgerald. 


Mr. Callahan. I object to that. 

Notary Berman. Note Mr. Callahan’s objection. 

(Letter marked “ Exhibit 127.”) 

Q. As the result of that, Mr. Grenville McFarland was a candidate to the 

constitutional convention?—A. He was. • '.tt i 

Q. And Mr. Martin Lomasney sent him as his representative, going to \\ ash- 

ington for contracts?—A. Yes, sir. 

Q. Where did he live?—A. Swampcott. 

Q. Outside of the district?—A. Yes; about 15 miles. 

Mr. O’Connell. That’s all. 


Cross-examination by Mr. Callahan ; 

Q. Mr. Tague, you don’t say Mr. McFarland voted in the district, do you?— 

^ think you said, Mr. Tague, you would be glad to furnish all the evidence 
you could about this large illegal registration to the election commissioners— 
will you tell us now any good reason why you haven’t furnishded that evi¬ 
dence to the board?—A. 1 went to the board and told the board I was ready to 
proceed to furnish it. 

Q. Nom% will you tell us any good reason why you didn’t go to the board and 
give them this evidence that you say you were ready to produce?—A. There 
was no occasion for me to. I was ready to furnish evidence when they would go 
on with my case. 

Q. You knew that Mr. O’Connell had been notified of a hearing before that 
board on your petition?—A. Yes. 

Q. Y'oii had been the first told about it, hadn’t you?—A. Not by the election 

board. , 

Q. By your associates and from the time you were told until election, did 
you ever once say to that commission that you were ready to prove your case?— 
A. Oh, ves; I did. 

Q. Did you go there with any evidence?—A. I went there to see how soon 
thev would hear us. 

Q. What did they say?—A. They said it Mbas getting late, they were getting 
the" ballots ready, and it was only a week before election- 

Q. Did the ballots have anything to do with that?—A. They had these 
name- 

Q. Y’^ou M"ent there alone and talked with-A. Mr. Burlen. 

(}. Did you ever go with any evidence-A. No. They knew I was pretty 

busy. 

Q. You knew you had to make a prima facie case?—A. I went there to do it. 

Q. You went alone?—A. Yes. 

Q. With any of your attorneys?—A. No; he was away. 

Q. What did you say when you went to do that?—A. Mr. Burlen- 

Q. That you wanted to know the time-A. Wanted to know from him when 

\ve would be heard. 

(}. Know from him when you would be heard?—A. Yes, sir. 

Q. Do you want to say, now, Mr. Tague, that you M’ent there at any time 
between the time you were notified and election day and asked to be heard on 
those names?—A. I just said so. 

Q. Do you mean to say that that board denied you the opportunity to prove a 
prima facie case on your petition?—A. The best proof is they never called us. 








TAGUE VS. FITZGERALD. 


423 


say that board denied you the opportunity to go out and prove a 
puma tacie?—A. (Jertainly, I say that now. 

awaV^^^^^^^ attorneys had gone with you?—A. Mr. O’Connell Inid gone 

Q Mr. Goodwin or Mr. Harrington didn’t go with you?—A. No; I went alone. 

hofAl« ‘mv minutes, l)ut you spoke about some 

spoke of some hotels being reputable and other 
please tell us how many of these hotels you 

na\e neeii in r—A. \ ery few. 

knowledge that cei-tain of these hotels were 

flint ?-, ' kL common knowledge that everyone has around Boston 

that knows anytliing about Boston. 

Hevere House is a disreputable place, that has 56 
^otes/—xV. That has been proved. 

fnu? Quincy House is disreputable, 39 votes?—A. Not so far as disrepu¬ 
table, hut had a lot of illegal voters. ^ 

Q. Isn t it true there are a lot of hotels down there where men go and live 

tor tew days, and in a great many instances would he gone—be there only a 
^e'\ ^knt was very pronounced on the list we put in, they were 

gone, lived there a few days, if they lived there at all. 

(}. You know that is true as well in the south end, that they move from 
one cheap lodging house to another? That’s true?—A. Yes 
(}. A very great iiiapy of those men?—A. Yes. 

Q. Now, isn’t it also true, that in making a discrimination between those 

hotels, the ones you referred to first, such as Young’s, I‘arker House, Clark’s 

and the iouraine, and those hotels, they either cater to a commercial public, 
Ji'aveling public, rather than people who are staying there permanently, 
isn t that so?—A. M ell, I don’t think that is the case. 

instance?'^ yon know that of your own knowledge? Take the Touraine, for 

Q- ’I keie aren t very many jieople living there permanentlv, are there—• 
A. Quite a few. 

(>. Do you know of any?—A. No. 

Q. You don t knoAA' of any of your own knowledge?—A. No. 

Q- ‘^*^y hnowledge is obtained from other persons?—A. Yes, 

Q. Take the Ihirker House?—A. I -think the I’arker House 
family hotel than any hotel in the city. 

Q. What do you say of Youn^f’s?—A. Not so much so. 

Q. A.nd that is true of those hotels you call first-class hotels?- 
(.}. Noa\ , isn t it .just as true there are some of these smaller and poorer hotels 
where people live permanently?—A. Like what? 

^ Q. These hotels you refei-red to, such as the Bowdoin, and Merrill House, and 
Central House?—A. I don’t think so with the Central House. I don’t think 
many men live there permanently. 

(^. That hotel at the corner of—it is true at those houses they have a great 
many people who stay there permanently?—A. I don't think so. 

Q. You don’t know?—A. I am taking for granted the voting list. 

Q. When you gave the names and number of these men who are at these ho¬ 
tels, are those the names of men listed or registered?—A. Registered. 

Q. Now, there is one other thing that I want to speak about, and that is 
about your campaign for the mayoralty, and in that campaign this Francis 
Heed.v was your campai^'n treasurers?—Yes, sir. 

Q. And you know he received contributions from people, Mr. Buckley and Mr. 
Emerson?—A. He says so. 

Q. And you know that both ]\Ir. Buckle.v and IMr. Emerson were both con¬ 
nected with the pneumatic tubes?—A. I believe they were. 

Q. Mr. Buckley as counsel and Mr. Emerson as director?—A. I think Mr. 
Emerson was out of it. He was a major in the Army. 

Q. Can you give any reason, IMr. Tague, why either of these men, not being 
residents of Ploston, not particularly interested in a mayoralty campaign, should 
give .vu contril)utions for your campaign, unless it was for your services in 
Congress?—A. Oh, yes. I had known Dan Buckley since I was a little hit of a 
child. He is related to close relatives of mine. Mr. PImerson I have known for 
15 years, was in the Institute of Technology with him. 

(j. And they didn’t subscribe to your campaign fund in this last campaign, 
did they?—A. I would not allow them to. 


sir 

is 


more of a 


-A. Yes. sir. 


424 


TAGUE VS. FITZGERALD. 


Q. P^'inally, one did?—A. No, I wouldn’t let them. 

Q. And yon wouldn’t say it if they did?—A. No. 

Q. This campaign was in the fall of 1917?—A. Yes. 

Q. And when was this contest in Congress over the tubes?—A. In July, 1917. 

Q. In July, 1917?—A. It closed then. 

Q. Was the hnal vote taken then?—A, Yes. 

(h And it was in the following fall they gave these contributions. There 
isn’t any doubt, Mr. Tague, that you favored, and favored with all your strength, 
the retention of these tubes by the Government, is there?—A, Everybody did. 

Q. But there isn’t any doubt but that you did?—A. No; I worked as hard as 
I knew how, \ 

Q. And when the President vetoed it, you didn’t vote against the veto?—A. 
No, no; voted against the veto. 

Q. There was a veto?—A. Yes. 

Q. And it went into the House again?—A. Yes, sir. 

Q. And voted on it?—A. Yes, sir, 

Q. And wasn’t any debate on it?—A, Y"es, sir. 

Q. And you voted against the President’s veto?—A. Certainly, I would vote 
again to-morrow the same way if I knew I was right. 

Q. Now, this controversy you and Mr. Murray had over opening your mail, 
whether your mail was opened or not, the charge was made somewhere?—A. 
Yes, sir. 

Q. Did you ever make the charge?—A. No. 

Q. Did you know the charge was made?—A. I was in Boston when the 
charge was made. 

Q. You knew, Mr. Tague, it was in the newspapers at that time?—A. Not at 
that time, after, in the hearing, I was there. 

Q. And you knew here, in Boston and probably in Washington, of that charge, 
the hearing was pretty prominent?—A. There was an investigation of it. 

Q. And was that investigation taken up on your initiative?—A. No. 

Q. Do you know lunv it was taken up?^—A. I think the post-office clerks of 
the country demanded it. 

Q. Do you know that Mr. Murray went to Washington to refute this alleged 
charge that your mail was opened?—A. Yes, sir. 

Q. Went there for that purpose?—A. Yes, sir. Called down there by the 
Postmaster General, and landed in Washington the same day I did. 

Q. Now, there was some feeling between you and Mr. Murray?—A. Not at all. 

I never had any feeling. I am sorry that Billy INIurray’s name has been brought 
in, and he should be—I think, you should let the dead rest. 

Q. You didn’t let him rest?—A. I told the truth. I hate to see a man 
brought in that is dead, and then to see a man try to cloak himself with it. 

Q. That’s a good way for all of us, if we could practice it I suppose.—A. I 
do try to practice it. 

Q. There isn’t any doubt whatever, Mr. Tague, that you wrote the letter 
that Mr. Lomasney introduced here in his evidence?—A, I certainly wrote it. 

Mr. Callahan. That’s all. 

Redirect examination by Mr, O’Connell : 

Q. Just one question. IMr, Callahan has tried to intimate that these people 
\vho are accused of illegal registration are poor people. What do you say to 

men like Mr. -? Isn’t it true that a great many of those men that are 

accused here are men of much wealth and have plenty of property?—A. I 
should say so. 

Q. Probably one hnlf of that list of over 500 names are a list of men who 
own theiv own hotels and live outside the city of Boston, are they not?—A. I 
should say so. 

]Mr. O’Connell. That's all. 

IMr. CiALLAHAN. That’S all. 

Notary Berman. That’s all. 

IM)-. O’Connell. To-morrow, at 2 o’clock. 

Notary Berman. This hearing is now adjourned until to-morrow afternoon 
at 2 o’clock. 

Peter F. Tague. 

(Adjourned.) 

Heaidng held in room 448, Federal Building, Boston, Mass., April 23, 1919, 
at 2 p. m. before Abraham C. Berman, Esq, (presiding), and David IMancovitz, 
Esq., as notaries public. 




TAGUE VS. FITZGERALD. 


425 


r-Su-Gf'n' Esq., Arthur Harrington, Esq., an.l Frank 

Fsn V, i v-^" contestant; .John P. Feeney, Esq., Timothy F. Callaiian, 

and \ inceiit Brogna, Esq,, for the contestee. 

Kebiittal; 


Notary Bekman. The hearing will now be resinned. 
(One witness sworn.) 


ILLIAM TAYLOR, sworn. 

Direct examination by IMr. O'Connell: 

Q. Senator, your full name, please?—A, William Taylor. 

Q. And you are the political editor of the Boston Post?—A. No. 

Q. You are connected with the Boston Post?—A. Yes, sir. 

Q. The Boston Post is the paper that has the largest morning circulation of 
any paper in the country, I believe; is it?—A. Why; I don’t know as you want 

question. Congressman; do you?—I have nothing to do 
with the business of that office. 

Q. It is a paper with a very large circulation, you will admit that?—A I 
will admit anything that is favoralile to the Post. 

Q. I don’t want you to give me anything except that will absolutelv he the 
fact. Was this story in connection with'the life of Martin M. Lomasnev written 
by you?—A. Yes. 

Q. You have had a very intimate knowledge with the life of Mr. Lomasnev 
speaking in a political way? 

Mr. Callahan. I wish at this time you would please note my objection to 
this evidence. It is clearly not in rebuttal. 

Notary Berman. Note Mr. Callahan’s objection. You may answer, Mr 
Taylor. 

A. I have been acquainted with Mr. Lomasney for 30 vears—35 vears, if not 
longer. 

Q. How long have you known him?—A. I have known him 30 vears, and 
probably 35. 

Q. You have followed the political situation in ward 5, formerly ward 8, 
rather closely all through your 35 years’ acquaintance with Mr. Loinasney?— 
A. I think, sir; yes, sir. I have followed the political situation in all the 
wards. 

Q. You were a resident formerly in old ward 8?—^A. I was, 

Q. And associated with Mr. Lomasney in many political movements of that 
\vard ?—A. I was. 

Q. I call your attention to this: “The Career’’—the issue of the Post of 
Monday, March 17, 1919, wliich has the story of the career of Mr. Lomansey, 
this line: “Life Story of Famous I’olitical ‘Czar’ of Ward 8, Boston.” 

“ Facts never before known to the public—anecdotes never before told—a 
pen picture true to life—form the l)asis of this remarkably interesting biog¬ 
raphy. It is the biography of one who, as a boy, ‘ rose from the ranks ’ to be¬ 
come a man of wealth and of acknowledged power in municipal. State, and 
national affairs, but who always prided himself on continuing a man of the 
people, and, as he significantly termed it, ‘ a six-o’clock Democrat.’ The 
story will be continued in the Daily and Sunday Post until completed.” 

INIr. Callahan, Are you reading that for the record, Mr. O’Connell? 

Mr. O’Connell, I'es; I am reading it as part of the question. 

Q. Now, Mr. Lomasney was known as the czar of ward 8 a great number of 
years? 

Mr. Callahan. That I object to. You should ask proper que.stions. I thiidv 
you ought to ask Mr. Taylor whether or not he wrote the headings. 

Mr. O’Connell. When I get through he will be your witness. 

(Question read by stenographer.) 

Q. Will you answer that?—A. I couldn’t answer that. 

Q. You have used the term “Czar of ward 8, Boston,” repeatedly in the 
story, I think, have you not?—A. I think always conditionally we termed him 
that. 

Q. Have you said it in any of his stories?—A. I think always conditionally. 

Q. Pardon me, in any one of your stories is there anywhere you put in that 
condition?—A. I think so. 

Q. Will you point to any one?—A. I think you have got them all. 

Q. You described his as “boss’’?—A. I don’t think so in the article. 


426 


TAGUE VS. FITZGERALD. 


Q. The article speaks for itself?—A. Surely. 

Q. You wrote the whole article?—A. Surely. 

Q. Nobody else?—A. Nobody else. 

(}. And of course the article is truthful? 

INIr. Callahan. Now, you need not answer that, INIr. Taylor. 

The Witness. I don’t think the Congressman wants me to answer that. 

(}. Of course I want you to answer that. You wrote the article?—A. Yes. 

Q. And of course it is truthful? You were not interjecting any fiction when 
you wrote it?—A. Not that I know of. 

(j. And it is facts as you knew them?—A. That’s right. 

Q. I call your attention to this article in the Post of March 23, 1919: 

“ THE INNER SHRINE. 

“ There is still another hall which has had a lot of interest for Mr. .Joseph F. 
O’Connell, the counsel for Congressman Tague. It is named Donoval Hall, 
in memory of the late Hon. Edward .1. Donovan. There assembles on the first 
P^'ilday of each month the real memhership of the Hendricks Club, about 250 in 
all. In this memhership are the precinct captains, also men who at one time 
were residents of the ward and removed to other sections of the cit.v, hut who 
still pay their dues of .$1 a month. ' It was the official roll of this mem- 
liership that Counsel O’Connell strove .so strenuously to secure and Martin as 
strenuously to hide. 

“No one is admitted to these meetings unless he has a card signed by INI. 
Barry, the son of Mrs. Barry, who attended Mrs. INIary Lomasney the day her 
son Martin was horn. INIrs. Barry was known aanong all the neighbors as be¬ 
ing even moi-e important and serviceable on such an occasion than the attend¬ 
ing physician. She may be said to have brought Martin into the world. It is 
her son’s signature on the memhership cards that admits beyond the portals of 
Donovan Hall. 

“All these men are absolutely loyal to Martin and his candidates, and their 
influence embraces every ward in th.e entire city. They accept Martin’s de¬ 
cision without question. They have their personal likes and dislikes, the same 
as any other group of men. They have their personal preferences among oppos¬ 
ing candidates; but, at the word, followed by the explanation of their leader, 
their individuality ceases at least for the campaign then on tapis, and it is 
all for one and one for all until the votes are counted. It is doubtful if there 
are in the Hendricks Club membership a dozen men, who, if left to themselves, 
would have supported John F. Fitzgerald in the recent congressional election; 
it is almost a certainty that all of them having a vote in the district supported 
his candidacy on election day. 

“ These men are the real source of IMartin’s political strength. They do not 
only do things, but they know hew to do them. They accept the word and go 
forth to accomplish it. The general committee of a New York Tamitiany ward 
organization has nothing on the real membership of the Hendricks Club.* 

“ Counsel O’Connell would have given much for a peep at the roll bearing these 
250 names, but he failed to get officially a single one of them. They would 
have been a revelation, and Counsel O’Connell delights in revelations. Counsel 
O’Connell has never found the doors of the Hendricks Club closed to him on any 
of his visits to the Democratic headquarters of the ward, but it is doubtful 
if he ever knew of the existence of the Donovan Hall as an annex to the 
Hendricks Club; and, while he may be considered as a fair gue.sser at the real 
membership of the club, he has never as yet found out, with the exception of a 
few of the prominent ones, just who is and who is not a member.” 

INIr. Callahan. Now, is there a question? 

INIr. O’Connell. Mr. Taylor is on the stand. 

]Mr. Callahan. I would like to know whether you are answering a question 
or not? 

Mr. O’Connell. Why do you interrupt? 

Q. Y^ou wrote that, Mr. Taylor, did you not?—A. I did; yes. 

Q. And that was published in the Sunday Post March 23, 1919?—A. Is that 
the date there? 

Q. Y’^es.—A. Y^es. 

Q. During the time this hearing—since this hearing started?—^A. It was 
published in the Post of that date. 

Mr. Callahan. Note my objection to that answer. 

Notary Berman. Note Mr. Callahan’s objection. 


lAGUE VS. FITZGERALD. 


427 


tif?p _paragrai)li above, in full, describing, under the 

■f'linoiis: follows: “There is a large hall where those 

ntv ” meetings are held, at which :Martin M. Lomas- 

reasons for supporting some candidates and opposing 
others. lou wrote that?—A. Is it there? 

Q. \es.—A. Yes. I didn’t write that caption “Oak tree.” 

o .H', paragraph entitled “Oak-tree politics ”?—A. The body of the 

article/ ^ 

Q. l>s.—A. Yes; I wrote it if it is there, 
tention ^to attention to an article in March 26th Post, and call your at- 

Mr. Callahan. Kindly note my objection. 

A’otary Berman. Note Mr. Callahan’s objection. 

Q. L ndei the caption Lomasney’s part in the career of ‘ Honev Fitz ’ ” 
M'hich reads as folloM^s: 

“ Mr Lomasney, who never takes anything for granted in politics, was sure 
he could rely on him (Edward .J. Donovan) to win. He was right. Mr. Dono¬ 
van voted with Lomasney, and ward 8 passed to the leadership of Idartin AI. 
Lomasney and has remained under his leadership ever since” 

Q. That’s true, isn’t it?—A. As far as I know, of course. 

(}. And you have so written : “ There have been strenuous efforts made, from 
time to time, to weaken his control in the ward, notably when James J.’ Stor- 
roM was a candidate for mayor against John P. Fitzgerald; but, while Air 
Storrow received a surprisingly large vote for a man running in the ward 
without the indorsement of the Hendricks Club, still the result of that contest 
was again an indorsement of Air. Lomasney’s leadership and of Air. Lomasney’s 
candidate.” 


Q. Now, Senator, I now introduce as exhibits the storv of the life of Martin 
AI. I.omasney in the Boston Post. 

Air. Callahan. Kindly note my objection to the admission of that evidence 
Air. O’Connell. I offer it for identilication. 

Notary Berman. It may be admitted. Note Air. Callahan’s objection. 

Ally O’Connell. That’s all Senator. I am much obliged to you. 


Cross-examination by Air. Callahan : 

(}. Now, Air. Taylor. I noticed in the last article read to you by Air. O’Connell, 
he made some reference, or you referred, you made some" reference to Air. Lo¬ 
masney’s leadership—that’s what you term Air. Lomasney down there, isn’t it— 
a leader?—A. Sure. 

Q. And you have never referred to him as a “ boss ” or a “ czar ” ?—A. Never. 

Q. You have know him for a great many years. Air. Taylor, haven't vou?— 
A. Yes. 

Q. And I think you said the day you testified here before, you didn’t vote for 
Air. Fitzgerald, and you did vote for Air. Tague?—A. Well, of course, as a law¬ 
yer you are intruding upon the Australian ballot law. 

Air. O’Connell. I object to this because there was nothing of this kind 
brought out in rebuttal. 

Notary Berman. I think the objection is sustained. Air. Taylor need not 
disclose- 

Q. I don’t want to say anything to hurt your feelings.—A. Y^ou are not hurt¬ 
ing my feelings, but you are intruding on the Australian ballot law. 

Air. Callahan. However, if there is any objection I will withdraw it. 

Q. In all those articles that you wrote Air. Taylor, you never once referred to 
any colonization in that ward, did you?—A. Never. 

(}. And you don’t-A. That is, I don’t remember of hgving done so. 

Q. Ymu don’t believe that Air. Lomasney’s leadership in that ward is a leader¬ 
ship gained by colonization? 

Air. (J’Connell. Just a second. I don’t think he is entitled to express his 
opinion on that. 

Air. Callahan. I think you are entitled to have your exception noted. 

Air. O’Connell. I said nothing in rebuttal to allow you to ask him that ques¬ 
tion. 

Notary Berman. The objection is sustained. 

Air. Callahan. Do I understand you are ruling out these questions? 

Notary Berman Note the ruling sustaining the objection of Air. O’Connell. 

Air. Callahan. Is that the formula you always practice in these hearings? 

Notary Berman. I don’t think we shall have to discuss it, Air. Callahan. I 
have made my ruling on that. 




428 


TAGUE VS. FITZGERALD. 


Ml. (/ALLAHAN. Do I Understand, now, that I am going to he limited in mj'" 
examination of this witness, and Mr. O’Connell is going to be permitted to have 
<Iiiestions luled out, and I am only permitted to have the right to have objec- 
Dons noted? Do I understand you are making that distinction between Mr 
O’Connell and myself? 

^otai.\ Berman. I am making no distinction. I believe the ohiection is a 
valid one and should be sustained. 

. Then, I ask you, sir, to gtate why you didn’t pass on my ob¬ 

jections and see if they were valid or not. 

Notary Berman. There was no reason to. Your objections were noted. 

Mr. O’Connell. It is cross-examination of Mr. Tajdor, but there is a limit 
to ali rules on the cpiestion and what is brought out in rebuttal. 

IMi. Callahan, dlie attitude of the notary in rebuttal is perfectly obvious. 
You submitted articles; I have a perfect right, and I have a perfect right to 
ask Mr Taylor cpiestions on every line in them. 

Mr. O’CoNNEiLL. Go to it. Do it. Won’t you please do it? 

Mr Callahan. Now, for the record, I want the attitude of the notary shown. 

Q. Mill you please state, if you wiil, and the notary will permit it, just why 
Mr. Lomasney has attained this remarkable leadership in that district? 

Mr O’Connell. I don’t know as Mr. Taylor should be called upon to answer 
a question of that type. 

Q. You may answer, Mr. Taylor. 

Mr. O’Connell. I object. It is calling for an opinion. 

Notary Berman. The question is ruled out. 

Mr. Callahan. I don’t think I care to ask any more questions. 

Mr. O’Connell. All right. Senator, you are excused. 

(One witness sworn.) 

JEREMIAH A. DESMOND, sworn: 

Direct examination by ]\Ir. O’Connell: 

Q. 'What is your full name?—A. Jeremiah A. Desmond. 

Q. AVhere do you live?—A. 56 Crescent Avenue. Dorchester 

IMr. Callahan : Where is that, please? 

The AVitness : o6 Crescent Avenue, Dorchester. 

Q. I show you this envelope [indicating!, and ask von if vou have seen 
tint envelope before?—A. Yes, sir. 

Q. MTiere did you get it?—A. AVhy, I picked that up in the corridor of the 
election commissioners. City Hall Annex. 

Q. On what date?—A. Tlie loth of October. 

Q. I.ast?—A. Yes, sir. The 15th or 16th. 

Mr. O’Connell: I offer this envelope. 

Mr. Callahan : For what purpose, please? 

Mr. O’Connell: In contradiction of Mr. Lomasney and Mr. Burlen that 
they had no communication between each other during this controversy. 

(Envelope marked “ Exhibt 128.”) 

Q. Are you familiar with the handwriting on the envelope?—A. Mr. Burlen’s 
yes, sir. ’ 

Q. IMr. IMelancthon W. Burlen?—A. l^es, sir. 

Q. The envelope reads as follows: “ Hon. Martin Lomasney, from IM. W. 
Burlen.” You kept it after you picked it up?— A. I put it in 'my pocket, anti 
carried it about a month, and on the street one day I met Mr. Kane’ and 
showed it to him. and he took possession of it, 

Mr. O’Connell: You may inquire. 

Cross-examination by Mr. Callahan : 

Q. I suppose you gave it up reluctantly, IMr. Desmond?—A. Very. 

Very reluctantly, and do I understand by that that Mr.' Kane took 
it forcibly from your possession?—A. I showed it to him and he didn’t give 
it back. 

Q. Why did you show it to him?—A. IVell, I wanted to prove to him, 
in this controversy between himself and the election commissioners, he was 
rather up against it. 

Q, IVhy did you want to prove?—A. Why, I was interested as a good 
citizen, 

Q. IVhat was your interest?—A. What’s that? 

Q. Tell us what your interest is?—A. I am interested in the proper conduct 
of elections. 


TAGUE VS. FITZGERALD. 


429 


111 the proper conduct of elections?—A. Election 

^’ection ^commissioners. 


to Mr. Kane, you haven't done any- 


Q. You are interested 
(-ommissioners. 

Q. Election commissioners?—.v. xne uepu 
your inteLst'’''for'\'iK^''prope^^ ^Imdlnd ^)f"the^^d 

A. Perhaps three.' ’ uading the newspapers, and attended two or_ 

thidn/tiv!!"’'''' liearing-s. and jiiven this 

L. lou are interested in politics?—A. Very much so 

n employed permanently in politics armi’t von*? v 

Q. By whom are you employed*?—A umo Vm i ^ jou?—A. les, sir. 

^ Q. The Good GoVeniSt wu Association. 

Goyernment Association. ’ pajs jou?—A. The Good 

Q. You work for Mr. Bottomley, don’t you?—A No sir 

n offices*?—A. 502 Barristers Hall 

Q. Isn t that Mr. Bottomley’s off ion*?_ a in fn 

TIuK is actually Mr. Bottom ley’s'office, i.sii’t y/,’ ’gf*’ 

elation,’ arS‘,5,utT’Yey'sif Asso- 

coiniimte'e.' Whatever I am ret,uired to do by the executive 

Q. AVhat are you required to 
me certain duties to perform. 

O ixbnv* ns 5 I Of candidates for city offlcc.s 

oflice opem «'>>»">«■•?—A. M’hy, I 

lireet"' 

is*?v72? *l“>t .'tray in, you corral tliem, donf you?—A. No- 

IS at ioi- ‘ ’ 

Q. Where is your office?—A. 501 Barristers Hall. 

mean to say his law office was never at Barristers Hall? 
never iiati one. 


lio? A. Well, from time to time, they 


give 


keep the 
No. His 
his office 

A. He 


Q. When did he move?—A. He never had one. 

Q. M here is it?—A. 161 Devonshire Street. 

Q Does the good government association’ require you to go down to the 
election commission at times?—A. Yes. . ^ 

(). And when they have hearings before the election commissioners, do von— 
the good government association asks you to go down there?—A. They don’t 
ask me. I go. I understand what my duties are. 

Q. In your connection wftli the good government association, did vou go there 
this day and find this envelope?—A. No. I went there to attend a hearing. 

Q. Attend what hearing?—A. This recount hearing. 

Q. A recount hearing, yes; and what date was it?—A. Either the 15th or 16th 
of October. 

Q. The 15th or 16th of October?—A. ,Tust a few days after Columbus Dav. 

Vou say you know Mr. Burlen’s handwriting?—A. Yes, sir. 

You say this is his signature at the bottom (indicating) ?—A. Yes sir 
Is that his writing there (indicating)?—A. Yes, sir. 

At the top?—A. He wrote that address on the envelope. 

You say “Hon. Martin Lomasney” is his writing?—A. Yes. 

Mdiat do you say about this, down here (indicating) ?—A. That’s his ,sD- 
nature right there. ' 

Q. And you say the same person wrote both of those?—A. In my judgment. 

Q. In your judgment. Did you go at any time to ^Ir. Burlen and find out 
what was contained in there?—A. After IMr. Kane took that I rather forgot all 
about it. At the time I didn’t attach any great importance to it. 

Q. You never made any investigation to find out when that was written?—A 
No; it turned up this morning, much to my surprise. I dismissed it from my 
mind last October. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 




430 


TAGUE VS. FITZGERALD. 


(}. Yon don’t mean to say, INIr. Desmond, tliat IMr. Kane took it from you 
forcibly V—A. After it got in his hands he didn’t give it l)ack. 

Q. Did yon ask him to give it hack?-—A. I don’t think I did. 

(y Isn’t it a fact, Mr. Desmond, that yon found this letter, ami yon then 
gave it to Mr. Kane—he didn’t take it away from yon?—A. No; he didn’t 

Q. Yon offered it to him?—A. No; I said “I’ve got something here to show 
yon yon are simply wasting yonr time with this election hoard.” 

Q.’Yon don’t know whether it was written in October or a year before?— 
A. No. 

Q. And yon didn’t make any investigation to find out?—A. No. 

Q. Where did yon find it?—A. Outside the election door. 

Q. Ontside the election door?—A. In City Hall Annex, about 2o feet from 
there. 

Q. Yon have nothing against Mr. Lomasney?—A. No. 

Q. Nothing against Mr. Bnrleii?—A. No. 

Q. And are not particnlarly friendly with Mr. Kane?—A. Not particularly 
friendly, any more than I am with yon. 

Q. Are yon very friendly with me?—A. I should hope so. 

Q. That’s very nice of yon to say that, Mr. Desmond ; hut I don’t think I 
will ever put yonr friendship to this test. There was nothing in this envelope? 

A. Just as yon see it there. 

Q. Just as yon see it there; with no date on it?—A. No. 

Q. Nothing to indicate—of course, it wouldn’t be unnsnal for Mr. Bnrlen to 
send anything in a political way to IMr. Lomasney?—A. I don’t know as to that. 

Q. And Mr. Bnrlen might send to yon in a i)olitical way?—A. If he sent to 
me, he would send it typewritten. 

(}. He would send the envelope typewritten?—A. We have always received 
Mr. Bnrlen’s communications in typewriting. 

Mr. Callahan. That’s all. 

.Jeeemiah A. Desmond. 

Mr. O’Connell. I nov^ offer the list of persons summoned to appear before 
the Ballot Law Commission in 1918, which were summoned by the Sergeant at 
Arms. This was the list to be typewritten off. 

Mr. Callahan. I object to it. 

(List marked “ Exhibit 129.”) 

Mr. O’Connell. Now I offer certified copy of a memorandum and order for 
final decree in the case of (’base v. Proprietors of the Revere House et ah. No. 
15018 Eq. Suffolk Superior Court records. This is offered in rebuttal of testi¬ 
mony of IMr. Lomasney that the Revere House was a very respectable house. 
Mr. Callahan. I want to object to that. 

Notary Berman. Note Mr. Callahan’s objection, and it may be admitted. 

Mr. O’Connell. “ Commonwealth of Massachusetts. Superior Court in Equity. 
No. 15018. Jason F. Chase t\ Proprietors of the Revere House et al. IMemo- 
randnin and order for final decree. 

“ In accordance with the terms of the report to the Supreme Judicial Court 
heretofore made in this case, and in accordance with the opinion of that court 
in regard to all the defendants’ requests for rulings and the motion for a jury 
trial, I now make the following additional findings of fact: 

“ 1. I find that a very considerable portion of the revenue derived by the 
defendant, Harrison, from the operation of the Revere House, was derived 
from the business of prostitution, assignation, and lewdness carried on therein. 
At the same time a legitimate hotel business was also carried on therein. 

“2. I find that the so-called “grotto,” or beer garden, on the Bulfinch 
Street side of the hotel, was used chiefly for the purpose of assignation and 
immoral bargainings by men and women who resorted thereto in great num¬ 
bers, and that many rooms in the hotel were hired, used and occupied by them 
for purposes of prostitution and lewdness. 

“ 3. Although the evidence tended to show the more or less frequent use 
for informal purposes of certain room^ upon various floors of the hotel, I find 
specially that rooms on the third floor were fre(iuently and at times almost con¬ 
tinuously used for said purposes; and that some of them were so used many 
times even on the same day. 

“ 4. I find that the notice given by the plaintiff to the defendant corporation 
as the record owner of the premises was served five or more days before 
the plaintiff’s bill was filed, and that notwithstanding said notice, the de- 



TAGUE VS. FITZGERALD. 


431 


ngainst the deten.Innt 

sec. 13. ‘ amended by St. 1914, c. 624, 

“ “ T .Ll, . .. 

and that the plaintill 


sec. 13. 

is nuisance complained of exists 

m entitled to the relief prayed for in his hill. ' ' .. 

terech ‘ accordance with the foregoing? memorandum be en- 


“ 1919, IVlAR. 21. 
“ [Copy.] 

“ Attest: 


“John F. Brom n, ./. S. C. 

“ Edmund S. I’hinni'Iy. 

“ Asf<istout Clerk.” 


t'> tliat. please. 

Ale Z'"*® Callahan’s ,)b.iectiou. 

l(d)’olock. "■« adjourn now until Friday morning at 

rwaud;^Vas‘‘to'i::’held on Frl'daT'i '‘"‘■®®'’ ®‘>"-®> 

(Adjourned.) 

CoilMONWEALTH OF IMaSSACHUSETTS, 

Suffolk, ss: 

Boston, Mass., Juue 5, 1919. Nancy H. Harris. 

signed‘wa.sU-.m‘?o”he beiro*)' hw knowl,^graL‘*belier'*“ "‘«‘®'’‘®'“ 

Abraham C. Berman. 

Commonwealth of Massachusihts, 

Suffolk, ss: 

I hereby certify that the foregoing in this volume, containing about 71 Tvmes 
ogether Math the notice of conte-t and answer, is a true and cmwect cm^ 
Die testimony taken before me, under oath, in the contested election of Peter 
F. Tague^t. John F. Iitzgerald, beginning February 19, 1919; exhibits herein 
leferied to are marked as described and made part of this record. 

Abraham C. Berman, 

Boston, Mass., Jime 5, 1919. yotari/ PubUc. 

Commonwealth of Massachusetts, 

Suffolk, ss: 

I, Abraham C. Berman, notary public, residing at 179 Lexington Street, East 
Boston in the tenth Massachusetts congressional district, do hereby certify 
that after due notice to John F. Fitzgerald, I have taken the testimony of all 
the foregoing witnesses. Said witnesses appeared before me, after being duly 
s\Aoin, and after examination of said witnesses their testimony was reduced to 
writing, was severally signed by them as appears above, and *1 further certify 
that those witnesses who did not sign their testimony were examined under oath 
in the ^ame manner and were ordered liy me, as notary, to return to read their 
testimony and to sign the same; but that they have persistently refused to do 
the same. I further certify as to the truth of their above statements that 
they were made on oath, also taken and transcribed by the persons appointed 
by me to so record their testimony. That the exhibits accompanying this record 
were received by me and made part of said record. 

Abraham C. Berman, 

Notary Public. 


I 


432 


TAGUE VS. riTZGEEALD. 


TESTIMONY FOR CON TESTER. 

I, David jMancovilz, of Boston, comity of Suffolk, Commonwealth of Massa- 
clinsetts, a notary imblic duly commissioned under the laws of the Cominon- 
wealth of IVIassaclmsetts, hereby certify that the testimony herein cmitsuned 
of Martin M. Lomasney, Melaiicthon W. Biirlen, and Frederick A. Finigaii, 
who personally appeared before me and under oath gave testimony tor the 
contestee in the contested election case between Peter F. Tague, contestant, and 
John F. Fitzgerald, contestee, in the tenth Massachusetts congressional district, 
is a true transcript of the testimony taken before me on the lOtli, 11th, and 1-th 
days of March, A. D. 1919, and the 2d day of April, A. D. 1919. 

[seal.] David Mancovitz, Notary FuJjUc. 

Hearing held in room 443, Federal Building, Boston, Mass., March 10^ 1919, 
at 10 a. 111 ., before David Mancovitz, Escp, (presiding), and Abraham C. Ber¬ 
man, Esq., as notaries public. 

Counsel: .Joseph F. O’Connell, Esq., and Arthur Harrington, Esq., foi the 
contestant; John P. Feeney, Esq., and Timothy F. Callahan, Esq., for the 
contestee. 

Notary Mancovitz. Are you ready to proceed, IMr. Feeney? 

Mr. Feeney. .lust a minute. ]Mr. Chairman, I will ask Mr. I^omasnej to- 

come forward and be sworn. 

Notary IMancovitz. INIr. Lomasney, will you .step forward? 

[Mr. Lomasney assumes stand.] 

Raise your right hand. ^ . 

(The oath was administered to INIr. I^omasne.v by Notary MancoMtz, as fol¬ 
lows:) 

Do you solemnly swear that the testimony you shall give im the cause now 
in hearing shall lie the truth, the whole truth, and nothing but the truth, so 
help you God? 

MAItTIN M. I.OIMASNEY. 

By IMr. Feeney ; 

Q. Your name is Martin M. Lomasney?—A. Yes, sir. 

Q. Mr. I^omasiiey, in the petition in the case of Tague v. Fitzgerald, Mr. 

Tague sets forth tiiis charge; _ . . „ 

“ Many witnesses sumnioiied by the legal authorities of the commission, 
referring to the ballot-law commission, “ the sergeant at arms, either re¬ 
fused to come when so summoned or the sergeant at arms was iniable to locate 
(hem at their home residence or anywhere else within his jurisdiction. Said 
witnesse.s were kept from the hearing by the influence of your maiiagei, namely, 
IMartin M. Ijomasney, and members of the Hendricks Club of ward 5, who were 
in constant attendance at the hearings, conducting the case in your behalf.” 

I ask you, Mr. I.oniasney, whether or not that statement is true?—A. It is 
not. 

Q. IMr. Loma.sney, in that same petition, Mr. Tague alleges: 

“ In ward 5, the larg-e vote which was cast for you was composed in a great 
part of thc'se who have been colonized in said ward for the puipose of manip¬ 
ulation by the political organization of said ward, which colonization and ille¬ 
gal registration and illegal voting was contrary to the State and Federal law.” 

Mr. Lomasney, was there any illegal colonization of voters at this time, to 
vour knowledge?—A. No, sir. 

Q. In that same petition, Mr. Tague alleges: 

“'^The returns from said ward 5 were withheld until other precincts were 
heard from, although the office of the election commissioners, to which returns 
ought to be made, is located in ward 5, and the booths in which the said 
counting took place are the nearest to the city hall of the city of Boston, to 
which the returns of the election must be made.” 

IMr. Lomasney, did you, directly or indirectly, have anything to do with the 
delaving of the election returns?—A. No, sir. 

Q.' On page 23, of my record, the following question was asked of Mr, Tague 
bv Mr. O’Connell: 

* “ Q. After you had filed your papers, were you offered any inducement by 
IMr. Lomasney or Mr. Fitzgerald, both of them, to retire?” And, after objection 


TAGUE VS. FITZGERALD. 


4sa 


Fitzgerald, Mr.^^O’Coimeirasked^Mr Tagiie and Mr. 

been offerea any inducLient lo i^th-e v '“t he, Mr. Tague, had 

■'TT’tS.;: 5„£f s-S;!,';.;“" •"’ 

‘4 T " . " ,e testified relative to that matter as follows- 
for i-enoTiinVtroL^'VlLed opposition 

oi.position came th-oin ai d lie naZ i llern7’‘*“'\^^ ^ 

or would object to In^ recelv n" 1 1 1, 'r'”® '® "'‘‘o objected 

nothing about Mr. Fitzgerald—John P F tzZrniV- ®®‘‘' 

tion, in substance, take place?— A. No sir * ® ""y conversa- 

V Such as I hare stated?—A. No, sir; we had a conversation_ 

4*'n going to ask about the conversation * 

“Viuet Mnf”- " <l”<'®«0'b “■> uncompleted question, he said: 

referring to yon— 

was to be a ciindldate^for^^C^ ^'itzgerald 

Q. A\ho IS Joe Lyons?—A. United States appraiser” 

1 ash yon, Mr. Lomasney, did that conversation, in snbstance ever toko nlnP^ 
second Tague ?-A. aNo,’ sir; w^e haV no 

Q. Then, that conversation did not take place?—A. No sir 

g. Did yon ever suggest, either directly or indirectlv to Mr Ta^niP fhni- 

"oIr»i-T'S! “ •“ Ss,"£ 

Q. Mr. O’Connell asked this question: 

“ What were yon to call on Lyons for?— aV. In order to have a talk with him 
mayor and securing a position at city hall 
O. for the reward of getting out of the fight?—A. For the reward of o-pHino- 
out of tlie fight. He also told me farther that Fitegerald behig a ?fch man 
and that he did not need the money, that he could go down there and be a biir 
factor; and that he thought Fitzgerald would be ready to sniTender two yenri 

go bZfto Congre^l!?“*’"^ hud served one term, that I Zulcl 

T.agiZ-A. “’''® P’hce between you and Mr. 

clirectly or indirectly, suggest to Mr. Tagne that Mr. Fitz- 
geiald wonld surrender his salary, his congressional salary, to Mr. Tague if 
Mr. Tagne wonld retire from the fight?—A. No, sir 

TnZl I .^^onr’ attention to the testimony of 

Ml. Tagne in order that yon may answer the same, and I will now direct 
^ liearing before the ballot law commission. In answer to 
Mr. () Connells question, Idr. Tagne said—in answer to Mr. O’Connell’s ques¬ 
tion, which was as follows: ^ 

“ Q- Describe Mr Lomasney’s conduct as it affected the ballot law commis¬ 
sion, telling ns m detail how he acted toward them.—A. Mr. Lomasney after 
he came into the room, immediately assumed almost complete control* of the 
I itzgerald case, and was informing Mr. Albers on every question that arose 
It. was ver.v apparent to everyone that the comiui,ssiou was very much unset 
by Mr. Lomasne.v, and that they were fearful that they would do something 
tnat would offend him.” 


122575—19-28 





434 


TAGUE VS. FITZGERALD. 


Did you ol)serve anytliiiii? on the part of that coiiiinissioii, ot \yl)ich Heiiiy 
V. Ciimiiimham was the chairman, which indicated to yon that they were 
at all fearful of yon?—A. ^so, sir. 

INIr. O'Connell, in a question to Mr. Tat^ue, asked INlr. Tajiiie whether nor 
i-n the rostrum—as he put it—of the Hendricks Cluh cn the ni,irht hetoie 
election, you took off your coat and in anger and rage tramj^ed all <)^el it, 
insisting that Tague must he defeated at all costs? Did any such incident as 
that occur?—A. We had no meeting the night before election. 

Q. Did any such incident as that occur, at any time? 

l\Ir. O’Connell. Sunday afternoon was the question. 

Mr. Feeney. I am reading your question now. 

INIr. O’Connell. Sunday afternoon was my question. 

Q. On Sunday afternoon. INIy brother wants to amend his question. A. AO, 


sir. 

Q. Did any such conduct as that occur?—A. No, sir. 

Notary Mancovitz. Go ahead and answer Mr. Feeney. 

]\Ir. Feeney. I got the answer. He said, “ No, sir.” 

Q. Mr. O’Connell later asked the following questions: “Q. Now, you state<l 
that you were friendly with Mr. Lomasney down to the time that you 
voted'for war. Explain what you mean by that.—A. When the question 
was brought into Congress that this country should go into the Yai, INIi. 
Lomasney asked me not to vote for it. M hen I returned, aftei Anting foi 
it, he said to me, ‘ You have done it.’ I said, ‘ Yes, I did as I should do.’ 
and then he told me that the mothers of the sons who would be called 
into the war would never forgive me, and that the men of the district 
would never vote for me again, for putting the country into war.” Did any 
.such conversation as that take place?—A. No, sir. 

Q. The next question-A. We had a coiiA'ersation 

“ Q. What did you say?'’ I am going to come to the conversation later on, but 
that is not the conversation which took place?—A. No, sir. 

Q. The next question: “ Q. What did you say?—A. I said I was willing to 
stand on my vote for my country, and I \AOuld stand voting for my country 
every time I stood in Congress.” Did he every make any such answer as 


that ?—A. 

(}. “ Q. 

voted for 
draft, he 
versation 


No. sir. , XT • 

When did he say that he wouldn’t support you again?—A. Having 
war, right after 'that, when I voted for conscription, or the selective 
said that I could never go back to Congress.’' Did any such con- 
as that take place?—A. No, sir. 

Q. Now, Mr. Lomasney, I think I have called attention to the conversations 
which he alleges he had with you. Let me ask you: Mr. Tague has served in 
Congress substantially for the past four years, has he not?—A. Yes, sir. 

Q And Mr. Tague came from Charlestown?—A. Yes, sir. 

Q. And prior to his election to that position, who was the Congressman?—A. 
Mr. JMurray. 

Q. William F. Murray?—A. Yes, sir; four years. 

Q. And William F. IVIiirray also lived in Charlestown?—A. He lived in 

Charlestown. . , . ^ ^ ^ , 

Q. Now, Mr. Lomasney, when Mr. Tague, in his first contest, became a 

candidate for Congress, vou advocated his election, did you not?—A. Yes, sir. 

Q And at thar time'did he, directly or indirectly, in any way contribute 
to old ward 8 for any support or for the defraying of any of the expenses?—A. 

You mean financially? ^ x -p lo 

Q Yes A. No, sir. No man ever paid anything for the vote of ward 8. 

Q Now then, Mr. Lomasney, will you please tell us what Mr. Tague said 
to you at’that time relative to his candidacy for Congress, four years ago?— 

A. Four years ago? . ^ • o 

Q Yes._A. Well, do you ivant me to go into the matter in my own ivay? 

Q* You go into the m'atter in your own way, please.—A. We had a hot fight 
in that campaign. Mr. Callahan and Mr. Brophy—I think there were four 
or five other candidates before the papers were tiled. Finally, INIr. Callahan 
and Mr Brophy withdrew, which left, I believe, Mr. Tague, Mr. Niland, Mr. 
Keliher, and Mr. Brennan in the fight. It was quite a heated controversy. 
INIr Tague in that campaign done just what he is doing now. I have his 
cirmilar here in that campaign. The first charge he made in the circular was 
that John A. Keliher was substantially an illegal voter in the district. “ Peter 
F Tague, 15 Beacon Street,” signed by his stamp. It says—he goes on to 
tell his story about Keliher. I won’t encumber the record. First he said. 




TAGUE VS. FITZGEEALD. 


435 


^ ^ resident of the 

district ” 80 Rutland Street, in ward 12, entirely outside of the 

n'^-^''11.*''’!"’ ^•'■- Tiigi'P’s testimony in that mat- 

tei, so 1 can call his attention to it later on. 

kindly tell us further what he said about being a 
candidate for reelection, should he he elected at that time?—A. That wasn’t 
conversation, if you want the conversation that took place, 
c^. 1 lat IS ’'’^hat I want you to tell us, all. — A. The contest was prettv hot— 
t e same kind of a contest we had the last time, charges of fraud being passed 
one to the other, he saying Keliher was a carpet bagger, that he did not live 
in the district and was an illegal voter; and the other side charging illegal 
votes for him. The papers at the time—although I do not sav evervthing hi 
the newspapers is true—the paper story is there, if you want to read it. I 
have it 111 my scrap book and I will present you with it. 

That was the situation. It was a pretty close contest. Mr. Brennan was a 
candidate from Charlestown ; Tague was from Charlestown. Keliher was prettv 
strongly backed, and the (luestion was who the people in our section of the 
city were going to support. Mr. Tague was very solicitous. He sent Mr. 
James E. Maguire, of East Boston, to me. He sent Michael J. Brophy, of East 
Boston, to me, and finally came himself to me. Everybody knew my position 
which was I was opposed to Keliher; consequently every man was building up 
his own case in his own way. 

Q. Now, Mr. Lomasney, will you just go a little bit slower for the stenog¬ 
raphers?—A. I intended to. 

Q. Mr. Tague finally came and saw you?—A. Yes, sir. 

Q. All right. Now tell us the conversation then.^—A. He said he v’as broke. 
He says “ I am absolutely up against it, Martin. I do not know what I am 
going to do if I don’t win this fight. I am broke, absolutely. 1 did not leave 
a $10 bill in my house this morning. I want you to go through with me.” I 
says. “ You keep cool. I am going to lick Keliher. I am a good deal more inter¬ 
ested about Keliher, in killing Keliher. I am sure he is going to be licked. He 
is going to be licked. You may rest assured I am going to do my best to lick 
him.” He said, “ If you will support me in this place, I do not care if I never 
go back. This will make me even with my creditors. It will give me money 
enough to get even, and I will be satisfied.” We finally decided to support him. 
Q. You did advocate his election from that time onward?—A. Yes, sir. 

Q. And without the support of ward 8-A. We had the ward 8 circular 

printed and circularized in ward 1. We had the ward 8 circular changed and 
made smaller to meet the suggestions. We printed circulars for two precincts 
of ward 11 that were at that time in the district. 

Q. Mr. Tague—was Mr. Tague called upon in any way to assist in defray¬ 
ing the expense of that circularization?—A. Not a cent. 

Q. Without the vote in ward 8 at that time would Mr. Tague have been 
elected or defeated? 

Mr. O’Connell. Now, just one minute. I, at this time, want to interpose an 
objection, calling attention to this fact: This testimony along this line is all 
in connection with the testimony that was sought to be brought out under cross- 
examination by ]Mr. Callahan. It is matters we did not go into. It is far 
afield from the real issue, the real issue being the last primary and election 
held in 1918, and I want to object to this line of inquiry at the present time. 

Mr. Feeney. Now, Mr. Notary, pardon me. 

Notary Mancovitz. Note, the objection. 

Mr. O’Connell. If you are going to overrule it, please say whether you are 
going to overrule it or not. 

Mr. Feeney. Mr. O’Connell went into this question himself, and at very 
great length; so, therefore, I insist in putting the question. 

Mr. O’Connell. Now, just a minute- 

Notary Mancovitz. Your objection it noted, Mr, O’Connell. 

]\Ir. O’Connell. I just want to make this clear: Mr. Feeney was not pres¬ 
ent after the first half hour of the examination of Mr. Tague, and what I have 
stated is a fact, and if Mr. Feeney were present he would have known that it 
was a fact. It was brought out when Mr. Callahan had Mr. Tague under cross- 
exgmination. 

Notary IMancovitz. Your rights were saved. Proceed, Mr. Feeney. 

Mr. Feeney. So that the record will stand clear, I insist that Mr. O’Connell 
did, as the official record shows, go into this matter thoroughly liimself. 



436 


TAGUE VS. FITZGERALD. 


(}. Now, Mr, Lomasney, can yon tell this board here whether, if Mr. Tagiie 
(lid not have the assistance of ward 8. he would be elected or defeated in that 
contest?—A. Well of course, I can tell you the figures. I am not going to 
blow our own horn. They always think that vote is very important before 
they get it, these politicians, and particularly these broken-down politicians. 
They .are always anxious to get that vote, without money, and then after they 
get it, they often say it was of no consequence, but the figures—I will read 
you the figures if they are in any wa.v illuminating. 

Q. That will tell us.—A. You take the figures for wards 1, 2, 3, 4, 5. G, 7, 
8, 9, and two precincts from ward 11; they show John H. Keliher 5,168 votes. 
The same precincts show Mr. Tague received 5,076 votes, giving, outside of 
ward 8, 92 majority for JMr. Keliher, 

Q. A 92 majority for Mr. Keliher, outside of ward 8?—A. Yes, sir. Without 
counting the votes for INIr. Tague or Mr. Keliher in ward 8, 92 majority for 
Keliher, the way I figure. Of course, yon know, I am not an expert on 
figures, but I do not—this is in ward 8: Keliher 406, Tague 1,013. Subtract 
the vote of 406 from 1,013 gives a majority of 607. Subtract 92 from that, 
and that gives Tague 515 surplus. 

Q. So that, Mr. Lomasney, I am not wrong in suggesting that if ward 8 
had not supported Mr. Tague at that time. Mr. Tague would have been 
defeated for Congress?—A. Well, of course, you can draw your own 
conclusions. 

Q. All right. Coming down to the second time that Mr. Tague became a 
candidate for Congress, did Mr, Tague come and see you at that time when 
he became a candidate for the second time?—A, You mean previous to these 
last primaries? 

Q. Yes.—A. Yes, sir. 

Q. Now, then, at that time had there been a change in the ward lines, in 
the meantime?—A. Oh, yes. We had new ward lines and we had new sena¬ 
torial lines, new congressional lines, new representative districts were formed—• 
the whole thing changed. 

Q. In your own way, tell us what was said by Mr. Tague to you and by yoit 
to Mr. Tague at his conference with you when he sought your support at his^ 
second contest.—A. He came down and we had a conversation as to what we 
were going to do. There had been a redivision of the wards. This ward 5, 
what they called it old ward 8, was made 5, with several additions of the 
territory. We were then thrown into the senatorial district of Charlestown. 
We had a conversation as to what we were going to do. At the first time we 
had the conversation he said all he wanted was one term at this time, and 
on the question of what we were going to do, he suggested John I. Fitz¬ 
gerald run for the Senate, and he run for the second term—that at the end 
of that term he would be perfecly satisfied to go out and fight for any man 
suggested by the ward 5 people for Congress, 

And in tliat conversation. John I. Fitzgerald—we talked it over, and we 
agreed to the proposition, and in that contest, in making the fight in Charles¬ 
town, John I. Fitzgerald alluded to the fact that he would be a candidate 
for only two terms, that he was going to retire, that on the expiration of the 
second term he would not be a candidate; that we had the assurance of Mr. 
Tague that at the end of those two years he would not be a candidate. 

Q. That is, at the end of the second period of two years, iVIr. Tague would 
not be a candidate for Congress?—A. He came out and fought Mr. Green, 
signed circulars against IMr. Green and against IMr. McGrath—the other candi¬ 
date in Charlestown—who took a very active part in nominating Mr. Fitzgerald 
for the Senate. 

Q. And that Mr. Green was the Mr. Green who testified here the other 
day?—A. Yes, sir. 

Q. Now, then, he was elected for the second time to Congress?—A. 
Unopposed. 

Q. Yes, sir, unopposed?—A. Unopposed. 

Q. And he did not only assure you, but it was publicly stated that he would 
not again be a candidate for Congress in that district?—A. I did not hear 
him publicly state it. 

Q. It was publicly stated? 

Mr. O’Connell. Just a minute. 

A. I do not know what he publicly stated. He had that understanding with 
me, and I told the other members of the committee. 


TAGUE VS. FITZGERALD. 


437 


geii- 
it to 


that 


tlenian’s agreenienr^Tunrh'fl ®« "'as a 

me ouee mSre an I Jfll ,e w S thf w'ml"- «tory-“ Give 

Q. Xow, ha., wave, 8 eve? ,;:^'‘a“Men.l',;'.! Sr.,'?'"" 

eandidate the i"?,,;!'!,";? a.?/ '"I'en he beea.ne a 

'' q;“xow'?m wiaS?-?. 'c:vS'ni? 

to eoine f,mvn wit,i me ni<dit? wni? i, tlie geneva, sttuat,on. He nsed 

and ta.,ted ovev't',?: We 

tvhic,; ?la*'m.hl?,md?:v;!?,-en?‘?ef?‘'^^ ‘'Vi' statement 

T,nu was/I--““S s,tuat,onv-A. 

Q. Now, then, Mr. Lomasney, Mr. Tagiie has asserted here under oath that 
the only quarrel he ever had with yon, and that the onlv tinm yoi^sLl^^d 
anj displeasure toward him was on account of his vote upon the war sifuation 
I wish now you would kindlv tell tliis poniniis.«inn Ut.. 



auuiefefeeu LO nis countrymen—It was addressed to his countrvme 
I'equested the people to write to their Representative in Congress—it 

we^Vechil^^d war‘^'' situation. It was around February, 1917. That is the year 
Me (leclaied Mai. It lequested his countrymen to write to the Coiiffressmeu 

\V‘Ksentiment hack home and not he swaved by the 

r^eed wi?b I substantiallv 

n? \ .J' thoroughly, but they are in the paper 

^ ^ somewhere myself away in the scrap 

book. I keep some of those things. He said, “One sent now may save some 
measure of blood in the future,” or something, so on reading that I wrote 
to Mr. 1 ague a letter. 


Can you tell us in substance Mdiat that letter was?—A. I think I wrote 
a letter saying, substantially, “ After reading the ”—of course, I can’t repeat 
It word for \vord, but I said, “After reading a statement of Hon. William 
•Jenning.s Bryan in to-da.v s Globe, I feel it my dut.v to state to you that in my 
opinion he is absolutely right in what he has stated there—that I trusted h'e 
would make no mistake,” or something like that. Of course, I can’t give you 
word for word. “ I trusted he would make no mistake it \vas a very 
important matter, that he should not plunge this country into war on England’s 
side.^ I know I used those words, I know I used those words, “on England’s 
side.” “ To keep his eye on the ball, and that the plain people of the country 
were repeating Gen. Grant’s ‘ Let us have peace,’ more and more every day.” 

NTnv, I have given you, Mmrd for word, as well as I could, the langiiage'of 
IMartin M. Lomasney. 

Mr. Feeney. I notice my friend going over some papers. Perhaps you have 
that letter, Mr. O’Connell, and wouldn’t object to my putting it in now. 

IMr. O’Connell. You may rest assured I have it. I will put it in at the 
proper time. 

]\Ir. Feeney. Very well, sir. As long as it goes in, that is all I care about. 

Q. Nom', Mr. Lomasney, did you also have a discussion Mutli Mr. Tague rela¬ 
tive to M’ar and relative to what you believed his proper conduct to be in rela¬ 
tion to Ireland?—A. Certainly. I talked with him after he came back. After 
this talk and l)efore war was declared, I talked with him. 

Q. AVhat was said? Please go slowly so the stenographers will get the 
M’hole of it. AVhat was said about that matter?—A." Well, he came back. We 
talked over the letter. I told him he had the opportunity of his life. I said, 
“ It is up to you to stand np and be a true Representative of this great cosmo- 


438 


TAGUE VS. FITZGEKALD. 


politan district. You have an opportunity tliat very few men luave, if you have 
the courage and capacity to take advantage of it. Now,” I said, ” you saw me 
in St. Louis, when people thought I was crazy, trying to bring this question to 
the front regarding the independence of our fathers’ and mothers’ land. Be¬ 
fore you ever vote for a declaration of war, stand right up in your seat in the 
House of Representatives and demand a statement from the officials who are 
representing the administration, what is England’s attitude toward Ireland s 
independence? Don’t wait until we get into war and \yin the war, and then 
he told that Ireland can take a hack seat. Have a definite stand on that ques¬ 
tion. Now,” I said, ” if you will do that, you will make a reputation for your¬ 
self that nobody can realize what it means. You won’t have to even care for 
anybody in this country, because you have done an act of justice for the land 
of your father and moUier, and you will have the sympathy and sentiment of 
every true American citizen behind you ” ; and he shook hands with me, and 
he promised to do that, and he did not do it, and he told me he did not do it. 
When he came hack he told me the reason he did not do it was because John D. 
Moore told him not to do it, and when I asked John D. Moore he told me he 
never told him so—if he said so, he was a liar. 

Q. Now, Mr. Lomasney, when you suggested that he ought to offer some 
resolution in behalf of Ireland, at that time, did he shake hands with you 
and say that he would do that?—A. Yes, sir. 

Q. And do you know that substantially that resolution, or one almost similar 
to it, was passed at the last day of Congress, March 4?—A. Well, I did not say 
a resolution. I said, “ Demand from the administrative forces.” If I had been 
in Congress, I would have asked the President, when he was making the ad¬ 
dress, “ Mr. President, with all due respect to your exalted position, what is 
going to be the English attitude toward Ireland?” 1 told him those things. 
He suggested he would be a man and stand up. He did not do it. 

Q. He agreed that he would do it?—A. Y’^es, sir. 

Q. And shook hands with you upon it?—A. Yes, sir; and he quit on it. 

Q. Now, Mr. Lomasney, when you wrote him a letter which my friend 
O’Connell has and says he will produce, did he write you an answer to that 
letter?—A. I think he did. Yes, sir; he did. 

Q. Now, when he came back and told you that he did not offer—did not 
make a statement in Congress as you suggested, because of what Mr. Moore 
said, did you then tell him that he could not go back to Congress again?—A. 
No, sir. 

Q. Did that have anything whatever to do with your opposition with his 
being a candidate for Congress?—A. It satisfied me in my mind that he was an 
unfit Representative; that he had no courage. I believe that one of the cardi¬ 
nal principles of a Representative of the people is to represent the people 
without fear or favor, as he is a servant of the people. He admitted to me he 
quit. He gave us as the reason he quit that John D. Moore told him not to do 
it; that John D. Moore told him not to do it. John D. Moore told me he was 
a liar. Consequently I proved him to be a liar, because Mr. Moore would not 
tell an untruth about it. 

Q. Now, Mr. Lomasney, later on did you hear of criticisms of Mr. Tague’s 
conduct there with relation to the so-called pneumatic tube controversy?—A. 
Postmaster Murray was very bitter against him because of a charge he made 
that Mr. Murray had opened his mail, and when Mr. Murray went down and 
faced him before the committee in Congress he quit on that, face to face. 
When Mr. Murray went down there, he receded absolutely. He turned right 
about face. Mr. Murray was very anxious- 

]Mr. O’Connell. Now, may it please your honor, before this thing goes on, I 
suppose that conversations with other men are not at all admissible, and I 
want to enter my objection to this man making statements about what other 
men told him. I have allowed this to go on for the purpose of expediting the 
hearing, as much as I think is decent, but I do think the time has come when 
there should be a ruling from you as to whether or not questions of this 
kind are proper. I object to any further talk here or any further testimony 
based on the fact that somebody else told me so. 

INIr. Feeney. Mr. Chairman, during the twenty-odd days while Brother 
O’Connell was conducting this hearing, the record will show that he was con¬ 
tinually offering in evidence and putting in evidence nothing but hearsay. In 
other words, the record shows that with the exception of the testimony of 
Peter F, Tague, that almost everything else that Mr. O’Connell put into this 



TAGUE VS. FITZGERALD. 


439 


ca-^e AAjis hearsay, anil coining from mighty questionable sources, also. And 
also, in addition to that, I will also suggest that nine-tenths of Mr. Tague’s 
testiinony \Aas hearsay, as to what somebody told him at some place 

^ did introduce a lot of 

the^ m-P pmiVm 1 ^^^ ^ this inquiry for Congress, and I believe 

In <r V, I of the district, and tiie evidence 

^ they do get the atmosphere of this district. I pray 
a atmosphere of this district, but I want to make this 

(. )seiA<ition, that because Mr. Feeney says that the testimony introduced by us 
AAas hearsay does not make it hearsay for one minute, and I can not for a 
second, permit his statement to go unchallenged that we have used any hearsay 
eA ideiice in the presentation of our case. ^ 

Notary Mancovitz. The evidence Avill speak for itself. 

INIr. Feeney. The record speaks for itself. 

f kindly tell this board, noAV, Av’hat the situation Avas Avith rela- 

tion to Mr. Murray and Mr. Tague you Avere telling us about Avhen Mr. O’Con- 
nell interrupted? A. IMr. IMurray—Mr. Tague charged in AVashington that 
• had opened his mail, and IMr. Murray got A^ery much incensed OA^er 

It, and Avhen this thing came around, he Avas urging me not to he Avith him 
and he called my attention—he called to my attention the report of his 
mayoralty expenses. 

(>. You meini Mr. Murray called your attention to the report of IMr. Tague_ 

findicating] is a certified copy of the statement made on Januarv 2 
1J18, signed by M illiam J. Doyle, city clerk, of Ph’ancis PI. Heedy a state¬ 
ment of the caniiiaign expenses of Mr. Peter F. Tague, mavoraltv* campaign 
committee. In that statement it appears that Daniel F. Buckley contributed 


(F To Mr. Tague’s campaign?—A. To Mr. Tague’s campaign. 

, .9'. (C'ontinuing.) Expenses?—A. That M. L. Emerson contributed $500, and 
\Vi0iani H. Ames contributed $500. 

Q. And Mr. Buckley Avas counsel for Mr. Ames, Avho was connected Avith the 
pneumatic tube, AA’asn’t he?—A. IMr. Murray told me that Mr. Buckley aa'us the 
counsel and IMr. Emerson Avas an official connected Avith it, and Mr. William H. 
Ames Avas also Avith it. They Avere all connected Avith it, too. He said to me! 
as Congressman, that Tague should never have permitted his campaign man 
to take that money. He said, “ It is the first time in the district the first time 
in the history of the city AA'e ever kneAv such a thing to be done, such a brazen 
violation of the hiAV.” He said, “ If that Avas called to the attention of Con¬ 
gress. they Avoidd unseat him.” I said, “ I did not believe Tague did anything 
illegal Avhen he first talked to me about it,” and he brought me the paper and 
shoAA'ed it to me. 

Q. IMr. Murray brought the paper to you?—A. Mr. Murrav brought me a 
statement. 

Ml*. O’CkiNNELE. I Avant to object to this line of testimony, coming from a 
dead man. 

IMr. Feeney. Go ahead. Note his objection. 

Mr. O’Connell. I ask your ruling on it. 

Notary IMancovitz. Y^our objection Avill be noted. 

Q. Will you proceed, Mr. Lomasney, please?— A. He said that Mr. Tague 
AA’ould be unseated if that Avas produced in Congi-ess, and he AA-ent over the 
matter Avith me. He said it AAmuld be just the same as if the Boston Elevated 
Railroad had a bill before the legislature and you AA’ere a member of it. or 
any other person aauas a member of it, and Avhile it Avas pending you took 
$1,500 from their officials. He says “ You could be unseated and you could 
be indicted for it,” and he said, “ That he should not haA’e any such man 
represent this district.” I then said to IMurray, “ I AA'ill consider that,” and T 
did consider it in finally reaching my decision. 

IMr. Feeney. Noaa", I offer this return in eAudence. 

(The return, dated Boston, January 2, 1918, is admitted in evidence and 
marked “ Contestee’s Exhibit No. 4.”) 

The Witness. Well, if I may— I do not knoAv Avhether I ought to. I don’t 
Avant to say anything improper but I AAvant to call attention to this fact, that 
if James IMann, the Republican leader of the House of Represenatives, Avas 
defeated for Speaker because someone presented him with a couple of steaks 
at the expense of the packers, Avhat about the man or person Avho alloAvs his 



440 


TAGUE VS. FITZGERALD. 


eainpaii>:n inanaj’vr to take $l,o00 from a corporation that is askinjjc favors 
before Congress and attacking the integrity of the postmaster of the city, and 
of his own former townsman? 

Q. Now, Mr. Lomasney, confining yourself to just tliat situation, let me ask 
yon whether or not when the last—when it came around to about the time 
for the last nomination for Congress in that district, as to whether or not you 
had a disciusion with Postmaster INInrray relative to a candidate for Congress 
from that district?—A. Yes, sir. 

Q. Now, then, Mr. Tague had assured you and had assured others in the 
district that he would not he a candidate again?—A. He assured me. I don’t 
know about anybody else. 

Q. Did Mr. Tague call and see you-A. Yes. sir. 

Q. (Continuing.) About that time?—A. No, sir. He called to see me about 10 
days before the papers were tiled. I had seen him in the interim, but we never 
talked about his candidacy until about 10 days before his papers were filed— 
some time the early part of August. I won’t say specifically the date. 

Q. Now, I'ight there, Mr. Lomasney, he undertakes to say he saw you upon 
more than one occasion at your office relative to his candidacy. Did he see 
you more than once during the last campaign at your office?—A. No; he never 
saw me but once between the time of the primaries. I think I saw him once 
there after the 17th of June meeting, and he did not come near me until the 
first week of August, before the primaries, whatever the date the papers were 
filed, a week or 10 days or two weeks. I had only saw him once. 

You did not see him again after that meeting?—A. No, sir. 

(y Now, will you tell thi^^ hoard, please, what took place at that meeting?—A. 
PTe came down and said, “ I came in to see what we are going to do on this 
thing.” I said, ” It is all up to you ; keep your word to get out.” He said, 
“ It is ])retty hard for me to do that,” he said, “ with every other Democrat 
running from this State. Of course.” he says, ” we had a little difference on 
that matter, but,” he says^ ” I tried my best to be fair.” I told him. “ You 
haven't been fair; done anything substantial for. our section of the district.” 
I says, “ The Jewish people are finding a lot of fault the way they are treated, 
the way they are treated up in the office, and there is some kicking among 
the Italian people,” and I says, ” Murray is particularly sore on you over that 
statement you made about him opening your mail.” He said, “ It was a very 
improper thing to do.” I said, ” Plverybody I have seen around thinks yoii 
have had enough, and everybody thinks Charlestown as a district has had 
enough. Now,” I said, “ you made an absolute promise to quit two years ago, 
and now the proper thing for you to do is to quit. Of course,” I said, “ that 
is what I believe in doing—is keeping your word.” He then went on to talk 
in relation to how he felt it would be a humiliation. I said, ” I have no desire 
to humiliate you, but,” I says, it was your own doings. You have had four 
years, and it didn’t cost you anything. Now,” I says, ” the time has come.” 
I said, ” I would like to see John I. go across—support John I.” 

Q. That is John I. Fitzgerald?-—A. That is John I. Fitzgerald, 

Q. He is the Senator from your district?—A. He was Senator, and various 
times from the time he had been in the Senate, his name had been spoken of. 
He said, ‘‘I won’t support John I.” “Well,” I said. “Will you support any¬ 
body else?” He said, “No, I am going to run anyway.” I said, “All right. If 
you are going to run anyway, that is your matter, but I feel a man should 
keep his woi-d,” and I reminded him of the situation. I reminded him of his 
condition when he first came down there, how he said he was up a.gaiu't it, 
etc. He, of course, informed me he was in better shape, and that he could 
get plenty of money for this- 

Q. Better financial shape?—A. Better financial shape, and he says, “I 
think I can win, and I am .going to go through.” 

Q. Now, INIr. I.omasney, did you also remind him at that time that Charles¬ 
town had had that nomination for the i^ast eight years, and old ward 8 and 
l)art of ward 5 never had it?—A. Yes, sir. I told him, I says, “The understanding 
in Charlestown is that you will get out.” I said, ‘‘John I. Fitzgerald talkeil 
that on the stump in Charle!-town, he was only going to be there for two 
years, and that is the situation.” He then asked me, “Who does ^Murray 
want?” I says, “He is sore on you. Now,” I says, “he is a factor in this 
thing. He is so sore on you he will run himself if nobody else did. 
He is sore on you and a lot of people are sore on you,” but he said 
he didn’t find much of it. I says, “ Oftentimes things happen, and a candidate 




TAGUE VS. FITZGERALD. 


441 


^ feelinj? down in this section. “ I am 

papers 1“^" "■“‘t «'« talk was in Se 

name to nonUnate'pit^gerald.Zt I .lot.U^LIw'iietteTe wilT nir, of not 

KeSl, « talk wlti Sot f!' Fit.- 

tLt * * ^ "’‘tti Jakn F. Fitzgerald nntil after 

is ndian -liu Znii'tT,." ‘f' "’itlj Jolm F, Fitzgerald until after that. That 

oS lei YOU t,,f tMtu T , "'’T."'i’-/'’" """t "’fs it that induced you, 

candi.intS f,:. M •!' "‘tk Jdkn F. Fitzgerald about ,ToIm F. Fitzgerald being a 

with the AVorcesterfname lias been mentioned in connection 
that Ml T- giSr , d ’ ,‘i'."'’- " r “"'■"‘f’ t tec’Snkied when I poked around 

YOU had to" have "i inS^ kacKing of some strong linancial Interests here, and 

r 'mn'ess hS bad" bSin'ti "'®^r "'t'l K'-own some in 

inair f a n it ^I’tir years, and it wouldn’t do to run an ordinai'Y 

period that tliiih ad‘’l‘'^i””‘ of the legislature or senate, because it was i 
i ^ ^ ^ intelligent discussion. He could Avear an 

Aineiican flag- around his liody and declare, “I am with the President” and 
of course, under the law people had to be cautious, and it was necissar, to 
get a man '' iiose name stood for something, and, of course, Fitzgerald had been 
operatnig all through the State talking. ^ ^ 

Q. Yon are speaking of .John F. Phtzgerald?—A. I am speaking of Tohn 
Fitzgerahl talldng on these different questions and giving his time all through 

a fonne!^ HPinhPi-ogram ; he was a former mayor of Boston, 
mv m m H n Congress, he was talking on this port of Boston, and to 
T • “/ . ]’I ‘V 1 fanlt.s—and I have criticized him as much as anybody— 

1 teel if he had been there when this man was there, he would have risen 
to the occasion, but when you come to size the two men up, the question 
was whether we were going to lay down in silence and take the man who 
a grafter—by his own statement, because Heedy reports showed they 
Mere taking money from a corporation—are you going to take a man who 
Mouidnt keep his word, a man who had proved himself a quitter, that vou 
\vere going to take a chance on, or going to give the district a man of size 
Mho M’ould stand up for the people? I talked M’ith .John F. Fitzgerald that I 
laid doMui on Tague, and he finally accepted the proposition to run. 

Q. \on (lid iiig’G John F. FitzgorRld to ho n CtiiididRtG for this position‘d—\ 
Mr. :\IniTay and myself cooperated to ^^et Mr. Fitz^^erald to run. 

_ Q. XoM% then, sir, .John J^^. Fitzgerald’s campaign from that time up to the 
time Miien there* muis an election, Mdien ]\Jr. Fitzgerald M’as declared elected 
and Mdien by recount he muis again declared elected. Mr. Tague, through liis 

counsel, sought the assistance of the ballot huv commissioners at some tinie?^_ 

A. Yes, sir. There M-as a hearing before it. 

Q. XoM% from the time of election day during the counts and recounts at 
tlie ju-imaries, during the recount of the votes at election at city hall 
did you take any part Mdiatever?—A. Xo, sir. * ’ 

Q. Jn those matters? —A. Xo. sir. J M’asn't around city hall at the recount 
or anything of the kind. 

(F XoM% then, finally, Mdien the matter got up before the ballot-laM- com¬ 
mission, Mr. Tague has rather geographically described M'hat occurred up there. 
'Will you tell us Mduit occurred up there at the ballot-laM^ commission, in your 
OM’ii Muiy?—A. Of cour.se, J don’t M’ant to take up the time of the counsel—^ 

Q. They have taken nearly 30 days. We Mvant to have a reasonable time.— 
A. J Muis present at the hearings, and, of course, I read the lau', and J did 
not think they had any right to oi)en the hearing at all, because the card 
stated, in accordance Muth the statute, M’hen the hearings closed, that I M’as 
present at the hearing and sum’ M’hat took place and heard the arguments of 
Mr. O’Connell, l)efore the commission, and, of course, J made up my mind 
that they M’ere going to open the case, and J M’as present M’hen they opened 
the case, and J think J M’as present—J don’t M’ant to be sure, J may have been 
jnvay a little mite, but J think I M’as there pretty near all the time. I think 
vei’y near all the time. 

Q. J^et me ask you. Mi-. T.omasney, if it M’as your vieM’point that under the 
laM’ the baliot-laM^ commission had no right to proceed?—A. Yes, sir. There 
is a card given out by the secretary of state’s office that shoM’s the dates, I 
haven’t got one M’ith me, but that card shoM’s the dates the objections must be 
filed, and this M’as tiled after that date—after that time. 



442 


TAGUE VS. FITZGERALD. 


Q. Now, tlieii, altlioiigli it was your contention tliat under tlie law they had no 
right to proceed with that hearing, did John F. Fitzgerald insist that they should 
proceed, saying that if he wasn’t nominated, he did not want to go to Con¬ 
gress?—A. Well; do you want me to tell the whole story about that? 

Q. Yes.—A. Because I believe when I am in a fight, of fighting in accordance 
with the law, and I do not believe in any statement about it. Stand on the 
law and live within it. When we had the hearings before the ballot-law 
commission, I made up my mind that the commission was going to open up 
the case, and I wanted to bring in a writ of prohil)ition, because I believed 
they had no right to open up the case-—I believe they wanted to open up the 
case. I went down to see Henry F. Hurlburt to have him bring in a wiMt 
of prohibition, and Mr. Hurlburt suggested it Mas a very important matt<M-, 
after going over the h\w\ that I ought to consider Mr. Fitzgerald’s interest, 
and he asked me if I talked Muth Mr. Fitzgerald about it. I said, “No; 
this is not a matter of Mr. Fitzgerald altogether.” I says, ” There are 
other things to be considered, and I think they are going to open up the 
case.” He said, “ I think you should talk with Mr. Fitzgerald. If you M'ant 
to engage me to bring in a M’rit of prohibition, I Mill do it, but I suggest, for 
your OMm self, you should talk Mith him about it before you do so, because 
you might be put in the position, if you start this thing, of getting in bad 
repute.” I talked Mith iNIr. Fitzgerald. I M-anted to bring in a Muit of ])ro- 
hibition to restrain the ballot-laM^ commission from hearing this case—from 
opening this case because, under the section—you Mill find it in the ballot 
hiM"—then they Mill be acting beyond their jurisdiction, and I believed that 
the ballot-laM^ commission had no right to suspend the statute, no matter Mhat 
they thought of it. I 1)elieve the court Mmuld take that vieM’point, but ]Mr, 
I’itzgerald said he did not M’ant me^—.Tohn F. Fitzgerald said he did not M’ant 
me to do anything of the kind. He said he M’anted them to lie given a full 
and fair hearing, if he did not have a majority of the votes cast, he did not 
M'ant the nomination, and I M’ent and abandoned the ])roposition of the M’rit 
of prohibition. 

Q. Then you did nothing further tOM'ard beginning the M’rit of pi-ohibition 
to prevent the board from proceeding?—A. No; I did not; I stopped. 

Q. Now, then, the board did proceed Muth its examination up here?—A. Yes, 
sir. 

Q. Nom^ then, Mr. Lomasney, the board issued subpoenas for certain people 
to come before the board, did it not?—A. They said they did. I do not knoM'' 
anything about it. There M’as certain talk made there. I did not see any 
subpoenas there. There Mas certain talk there. 

Q. At some time did the board make a request for all parties to aid the board 
to locate certain M’itnesses?—A. Well, the hearing M’as a pretty bitter bearing. 
There M’as intense feeling developed; and, of course, M’hen the hearing M’as 
going on, there M’as no mixing of parties, as you M’ould find ordinarily, because 
there M’as a line struck—a line here and there—and. of course, there M’as feel¬ 
ing during the hearing. There M’as some talk about summoning M’itnesses, and 
They tried to shoM’ a list of M’itnesses, and IMr. Albers tried to see the 
list of M’itnesses. and I M’as sitting behind Mr. Albers, m’Iio sat reading 
them. I think Mr. Mancovitz M’as there. I started to see M’ho they M’ere 
they said they could not find. There M’as a great deal of talking going on, 
and at one time, at the end of the night, the board came in and they made 
a statement. Mr. Cunningham said that they had been—noM’, I can’t give you 
M’ord for M’ord the statement, because you have the stenographer’s report—it 
M’as in substance this: There had been a great many summonses issued, and 
they had not been able to find the persons M’hose addresses M’ere given by the 
persons requesting the summonses. He said it Mms a very important matter. 
He said that he Mmuld invite the cooperation of all parties to see if they could 
not get the M’itnesses in to clean the matter up, as it ought to be cleaned up, 
and he M’as very nice about it. He put it in such a M\ay that a man had to 
realize the question that M’hatever he may have thought in the beginning, 
realize that they M’ere in a position M’here they M’ere anxious uom’ to have 
everybody cooperate. The result M’as- 

Q. Let me stop you right there.—A. Y^es. 

Q. Before Mr. Cunningham had asked for the cooperation of the various 
parties, did my distinguished friend, IMr. O’Connell, here, say that the reason 
the Mutnesses did not come M’as because the Mutnesses did not exist?—A. Well, 
there M’as a lot said. There M’as some sort of roM^ I do not remember M’ord 
for M'ord. I do not remember what Mms said. 



TAGUE VS. FITZGEKALD. 


443 


. it in substance that?—A. I doirt want to do Mr. O’Connell an in-, 

justice. I don t remember word for word, particularly when I am sore on a 
man and lie is sore on me. I don’t like to say anything that isn’t true. I 
(. 1011 1 want to say, word for word, what he said. I know we had several 
inn-iiis there, and I know we were up against it. We were pretty hot, the both 
Of us and what took place I am not going to say, because "you have the 
recoi-ds, and pay for the records and read them. 

Q. As the result of the request for cooperation, Mr. Lomasnev, did vou aid 
the commission? Did you do everything in your power in order to bring wit¬ 
nesses there?—A. Veil, when they made that statement, I arose and addressed 
t le commis.sion, I think, and I stated to the commission : “ Now, I am going to 
gne the best I can to it.” I said: “I want to call the attention of the com¬ 
mission to the fact that these gentlemen, who are crying ‘ fraud ’ here, are 
the only ones who committed fraud that I have seen up to date.” I said : “ They 
hti\ e tak(^n Mr. Kane has taken from the office of the election commissioners 
the certified copy of the check lists—the office copy of the check lists.” And I 
said. Nobody has been able since to get from tbe board of election commis¬ 
sioners a certified copy of the check list. A certified copy of the check list 
shows you, I presume you know it, who voted on that day.' Now,” I said, “of 
course, nothing can be diine until we know who voted, beca'use we want to know 
where we are at.” I said : “ If you want comiilianr-e with your request, I ask 
that this board make an order giving the election commissioners authority to 
break the seals and give us a certified copy of the check lists, as requeste'd in 
our petition the day after election.” It was the first copy filed—the first re¬ 
quest filed. The board finally made that order. I then requested that they 
direct the sergeant at arms to give us a list of the persons that they could 
not find on the summonses, and they made such an order, and they directed me 
to go to the sergeant at arms to request that, which I did, and 1 went to the 
seigeant at arms and made such a request, and he gave me a lot of names, 
some of the ward 6 names and a lot of other names and some ward 5 names. 

Q. Now, then, after that, what did you do?—A. We then started in to work 
to try to reach these men. 

Q. You mean by “we” wbo?—A. Well, the organization—different members. 

(J. What did you do?—A. We called in the men from the South End—some 
men—^and said, “ Look up these people. Who are these people; who are these 
people, through the different sections,” and finally produced these men. 

Q. And you produced those witnesses up before the ballot law commission?— 
A. Yes, sir. 

Q. Was the attention of the ballot law commission directed to the names, 
to the size, the apparent age and the apparent weight of these men?—A. The 
ballot law commission then—we took, we had at that day of the hearing—I 
am not sure whether it was Monday; I think it was Monday or Tuesday we 
had the hearing before it—the day of the opening of the hearing; I wouldn’t 
swear and say that. The men were there. And I addressed the commission 
and we proceeded to start to ask them in. We had some controversy, Mr. O’Con¬ 
nell and myself and Mr. Albers, and they all joined in the controversy, and 
finally the ballot law commission proceeded to get—conduct the examinations 
themselves, and they took the police list—I call it—the descriptive list—not 
the ordinary voting list we have in public, you know. They have a descriptive 
list that gives a man’s height and everything of that kind, and they had that 
list, and they called them in and asked them some questions. I forget the 
form of the questions they asked them. They sized them up, and Mr. Tague 
was behind them substantially a good part of the time, and I think counsel 
was around seeing that the men-—there was some controversy over producing a 
registration card. Of course, I think I objected to that, because there were 
40 or 50 men, and if there was one man—there was a lot of feeling at the 
tinu^and if there was one man there who slipped and left his registration card 
at home, the feeling was so high they would probably arrest the man. I ob¬ 
jected to that, and they finally handled that—the commission started to ask 
a man certain questions, and while they were doing that they sized the man 
up to see if in their opinion he met the requirements of the matter. I do not 
think there was any serious challenge made to the man not complying with 
the requirements. 

Q. They were pretty well identified by the list?—A. There was one or 
two—there may be four or five, because of some little technical detail, 
and they allowed a little latitude on the matter. I forget now—several 
cases, but there were one or two cases. There was a general feeling, I think. 


444 


TAGUE VS. FITZGERALD. 


amongst themselves, the list, as they saw it, was all right, and they preserved 
their rights, because they looked at that that that list was the question. 

Q. Now, Mr. Lomasney, did you ever do anything, directly or indirectly, to 
keep any of those witnesses from attending that i)oard up to the time that 
your cooperation was asked for?—A. No, sir. 

Q. Now, Mr. Lomasney, I want to direct your attention— I do not know 
whether you are familiar with the situation or not—hut I Mill find out. I 
M’ant to direct your attention to the method adopted for summonsing in Mit- 
nesess before cooperation M’as asked by Mr. Cunningham by the board. Do 
you knoM" Miiether or not summonses M^ould be issued by the sergeant at arms or 
by somebody in authority, say, as of about 11 o’clock, for a Mitness to appear 
“ fortliMith,” or appear at 2 o’clock the same day?—A. Well sir, I did not see 
any summonses, so I could not SM’ear to it. 

Q. You do not knoM^ that that M^as the situation?—A. I do not knoM’, sir. 

Q. Nom" the question M’as asked of Mr. Tague the other day—Mithout my 
spending time to find that question, I am going to try and ask you the same 
question. Would you describe, please, M’ard 5? I mean by that, describe M’ard 
5, so far as its people, so far as its buildings, so far as their living is con¬ 
cerned.—A. Well, M’ard 5, as noM’ constituted, is—of course, covers the large 
business district in Boston. It takes in, also, all the large hotels in the dOMUi- 
toMui section. It takes in some of the large institutions—the .jail, the Massa¬ 
chusetts General Hospital, this building and city hall. It runs, in all, Muth the 
ward 6. I do not knoM’ the line. 

Q. I M’ant to get it in the record.—A. Well, starting on the corner of Cam¬ 
bridge, Charles River, and coming up Cambridge Street to BoMuloin, come up 
BoMaloin doMui as far as Beacon, cross Beacon to Park, doMm Park to Tremont, 
up Tremont to the bridge Then cross over to the M^ater—that M’ay to the M’ater 
and strike the channel. Come around the channel, up Cambridge Street again. 
That is the M’ard lines that M^ere adopted a few years ago. It has, as I said, 
a large section of the business houses, the large hotels, a great many lodging 
houses, a great many nationalities, and a great many diversified interests and 
different classes of people. We have the very rich, and also the very poor. 
We have the Chinese in the South End. We have the Italians in one section, 
substantially altogether. We have the JeMush people in another section to¬ 
gether. It is a great cosmopolitan section. 

Q. Is the city about contained in that district?—A. Yes. It contains all 
the historic places of the old days of the Revolution. It contains Bunker 
Hill Monument, it contains the Old South Church, the Old State House, 
Faneuil Hall, and Mdiere the tea M’as throM’ii overboard, and the navy yard, 
and all those different places. 

Q. The inhabitants of the district are largely-A. So as I M’on’t forget 

it, it also contains the spot M’here M^e had tlie old Franklin Street Cathedral, 
doM’u at old Fort Hill. 

Q. Its population is largely cosmopolitan, is it not?—A. Yes, sii-. I think, 
very. I do not knoM’ this of myself, but they told me at the time they had 
the draft—I forget hoM’ many nationalities. They said every nationality, 
substantially, recognized, M’as—Armenians, and everything else. 

Q. It is a district M’here you M’ill find a class of people M’ho call it their 
old home, born and bred and lived there all their lives, and there are others 
who live there only for short periods of time?—A. We find in this district 
there are certain men come into this district M’ithout a nickel, from across 
the M'ater in Russia, and they go out and become M’orth a couple of hundred 
thousand. It is a clearing house for the JeM’ish people, just as Fort Hill 
district M’as a clearing house for the Irish in their day. It covers all the 
classes of the community. You M’ill find a poor felloM’ M’ho hasn't enough 
for a bed and also find the millionaire in the community, in the confines of 
that district, in my opinion. 

Q. Nom^ is it true that in that district people frequently change their domi¬ 
cile?—A. They certainly do. 

Q. And frequently move fi-om place to place?—A. Why some of them gentle¬ 
men doM’ii there they sleep tonight in a place and they may, some of them, be 
on the trucks the next night for Chicago—never can tell, Init Boston they 
claim their home, 

Q. It is also true that some of the real highbroM’s claim that as their legal 
residence?—A. Why, certainly, certainly. Y"ou go to the City Club and you 
M’ill find some very distinguished men in Boston M’hose homes are elseM’here, 



TAGUE VS. FITZGEEALD. 


445 


^me later tin;e‘that^ette;, a,.„ «you hav^aS'‘Sh«. rette.¥’i'ron. S^T^nte 
Willie he was in Congress, I woulil like to have tliein ' ’ 

(Five-minute recess.) 

ple^Jse?^’'™''"’' *■*‘•'■‘■*“8(011). Won’t you have Mr. (rConnell come in, 

Mr. H.iipiNGTON. I supposed he was out In the corridor, hut we don’t know 
where he is, exactly, now, Mr. Feeney. He will he here presently 

Eomasiiey, did you receive from the election commission this instru- 
I ^did attested and certiiied [handing to witness] ?—A. Yes, sir, 

Q. Will you and have you made- 

:\Ir. O’Connell. Will you let me look at it? 

Mr. Feeney. Certainly. [Handing paper to Mr. O’Connell.] 

(). Have you made an analysis of the figures contained in that instrument 
>ow, something—not something, but very much—has been said about coloniza¬ 
tion in ward 5, and so forth. I will ask you to read into the record that 
document, please.—A. Let Mr. Brogna read that. My throat is in bad shape. 

Mr. Brogda (reading). The official seal of the city of Boston is on the 
document first. 


Hon. ^Martin M. Lomasney, 


Board of Election Commissioners, 

City Hall Annex, 

Court Suave, Boston, February 20, 1919. 


Boston, Mass. 

Dear Sir ; In compliance witli your request for the number of male persons 
police listed, the number of registered voters on the first printed voting list and 
the number of registered voters on the voting list on the State primary, 
September 24, 1918, and the State election, November 5, 1918, in the tenth 
congressional district, comprising the first six wards of Boston, we beg to sub¬ 
mit to you the following figures: 

Police list, ward 1, 7,185. Registered voters, first list, 8,879; registered 
voters, primary, 4,013; registered voters. State election, 4,124. 

IVard 2, police list, 10,395. Registered voters, first list, 3,010; registered 
voters, primary, 3,205; registered voters. State election, 3.293. 

Ward 3, police list, 5,457. Registered voters, first list, 2,945; registered 
voters primary, 3,076; registered voters. State election, 3,158. 

Ward 4, police list, 5,134. Registered voters, first list, 2,744; registered voters, 
primary list, 2,974; registered voters. State election, 3,050. 

IVard 5, police list, 22,481. Registered voters, first list, 4,072; registered 
voters, primary, 4,719; registered voters. State election, 4,836. 

Ward 6, police list, 12,122. Registered voters, first list, 4,237; registered 
voters, 3,237; registered voters, primary, 3,598; registered voters. State elec¬ 
tion, 3,761. 

Totals, police list, 62,774. Total registered voters on first list, 19,887; total 
registered voters, primary list, 21,585; total registered voters. State election, 
22 , 222 . 


Respectfully, 
True copy, attest. 


Board of Election Commissioners, 
Melancthon W. Burlen, Chairman. 


Frederick A. Finigan, Secretary. 


Q. Now, Mr. Lomasney, from these figures it appears that there were residing 
in ward 5, 22,481 males. 

Notary Mancovitz. Over 21 years of age. 

Q. It shows that 4,072 of that number were registered voters on the first list— 
so-called. It shows that 4,719 were registered voters at the primary election, 
and it shows that there were 4,836 of that 22,481 persons registered at the 
State election. Now, then, let me call your attention, if I may, please, to some 
figures here [indicating]. According to the report, to this certified document 
from city hall, there were in ward 1, 7,183 male persons over the age of 20, 
and that there were registered voters in ward 1, 4,013, or 55.8 per cent at the 
primaries, and that at the State election there were 57.5 per cent of the male 
list registered voters. Comparing that with ward 2, we find that in ward 2 



446 


TAGUE VS. FITZGERALD. 


there were 30 per cent of the male A'oters registered at the primary. There 
were 31 per cent registered at the State election. In ward 3, there was a total 
of 5,456 male persons. There were 3,076 registered voters, or 56.4 per cent at 
the primary, and 57 per cent at the State election. In'ward 4, there were 5,134 
male persons. There were 2,974 registered voters at the first list, making 57 
per cent who were authorized to vote at the primaries and 59 per cent at the 
election. Now, comparing it with ward 5, we find this: That there was a male 
list of 22,470; that there were on the first list only 4,719 registered voters; that 
there were only 21 per cent of the male list in that ward eligible to vote at the 
primary, and only 21.5 per cent eligible to vote at the city election. In ward 
6, the total male vote was 12,191. The registered voters authorized by that list 
number 3,598, or 29.6 per cent at the primaries and 31 per cent at the State 
election. So that it shows clearly, does it not, that of the number of males that 
were located in those respective wards, by much the smaller proportion voted in 
ward 5 than in any of the other wards?—A. Yes, sir. 

Q. Or had the right to vote?—A. If those figures are correct and percentages. 
Of course, I didn’t do that myself. I had it done. If those percentages are cor¬ 
rect. I did not do it myself. 

Q. Now, then, Mr. Lomasney, a great deal of time has been spent both here 
and at the statehouse about colonization and all that sort of thing. Will you 
please tell us—will you describe the tenement district, the lodging-house district 
in ward 5 and tell us what you know of colonization in that congressional dis¬ 
trict?—A. Mr. Chairman, if I may proceed in my own way? 

Q. Go ahead.—A. As I understand this law of domicile, it is a very close 
question as to what is a man’s domicile. The Supreme Court in the old day.s— 
the question of a man’s domicile was determined by where his poll tax was 
assessed. The poll tax has been abolished as a prerequisite for voting. Conse¬ 
quently, the only thing in the statute is where does a man reside on April 1, 
as our law provides in Boston. Now, that is a very close question. Repeatedly 
the Supreme Court has stated so. You have to consider, in talking about a 
man’s domicile, one, two, three, four, or five phases of it. A man has a right— 
an inherent right—to a domicile. A man can have one domicile, one vote. He 
can have all the residences he wants, but he must have one domicile, and a man 
has the right to elect his domicile. The question whether or not that is a 
domicile for taxation or voting purposes, is a very intricate one. It requires a 
great deal of investigation to determine it, and, as the Supreme Court has 
said—I have read the question many times—what settles one case, it might 
not settle another case. There is a great question; for instance, now, we find 
Mr. Tague, himself; he has in his house at 21 Monument Square, a Patrick F. 
Goggins, who was a captain of our fire department, who has voted from his 
house for five years. He made a statement the other day positively here, 
and he assured this commission under oath—because he was under oath—he 
assured this commission positively that man never voted from his house, but 
the records at the election commissioners show that he voted every year on 
every election. 

Mr. O’Connell. It isn’t right to allow a statement like that go, as you make 
your statement. He made no such statement. 

Mr. Feeney. I beg your pardon. 

Mr. O’Connell. He made a statement he did not vote last year. 

Mr. Feeney. He did not. He said the last four years. 

Mr. O’Connell. I heard it; I know what he said. You weren’t here. 

Mr. Feeney. He said the last four years. I offer in evidence this question 
that was put to Mr. Tague, this series of questions: 

“ Q. At the time of the last primary and election, did anybody else live there, 
namely, your home?—A. Yes; Capt. Goggins. He had a room there. 

“ Q. Who is he?—A. Not at the time of the election. 

“ Q. At the time of the primary?—A. No. 

“ Q. At any rate, he was a registered voter there?—A. Y"es; for the last four 
years. 

“ Q. For the last four years?—A. Five years, 

“ Q. But he never voted from there?” 

IMr. O’Connell. That is a different story. 

Mr. Feeney. Pardon me. 

“He never voted from there?—A. He never voted from there. 

“ Q. For the last five years?” 

The Witness. I ask that you read the records further. You will see the 
word “ Yes, positively.” Read the words. I read the records. 


TAGUE VS. FITZGERALD. 


447 


“ Q. 
“ Q. 
:\rr. 
Mr. 


.Mr. O’Connell. Read the records? 

Mr. Feeney. Yes; you are absolutely right, Mr. Lomasney, 
ihe Witness. I have been reading the records. 

^ A’ an absolute right to read the records. 

Q. use the right to vote from your house?—A. Never. 

So that in the last four years he has not voted at all?—A. No sir 
Are you sure of that?—A. Positively.’’ ' 

Feeney. How do you like that, Mr. O’ConnelP 
O Connell. That is the real situation. 

Air situation? It wasn’t the last primary, was it’ 

a{ •' "’f® *''® another place. 

.Ml. teeney. I have found it. 

.^Ir. O’Connell. Keep on reading. 

^ else in when I get to it—a question 

Mr. O’Connell. Put it all in while you are at it. 

Q. T^e the question to Mr. Tague relative to Capt. Goggins: 
anything^boutlr^^ whether or not he has any children?—A. I do not know 

‘‘Q. You know he has a wife?—A. I presume he has one. 

C- von presume he has one?—A. I do not know anything about that.” 

house five years. Now, let us have the election return 
the election card there. Does it show that he did vote from the house during 

-—A. When I read that statement, I went up to the board 
of election commissioners, and they informed me there about it on this card 

election commissioners and put them under oath, and 
thej will back me and certify, show by this card, that he voted in the State and 

1 elections in 1914, 1915, 1916, and 1917. Now, I simply mentioned that as I 
V as going along as an instance. Now, here is a man- 

Mr. O’Connell. Did you say anything about 1918? 

The Witness. No. 

^ if has nothing to do 

Notary Mancovitz. Your objection is noted.'^ 

Mr O’Connell. And I insist it has no place in this record, what Mr. Goggins 
may have done at other years. toSina 

Notary Mancovitz. Your objection is noted. 

Mr. Feeney. It affects the credibility of Mr. 
from there. 

Mr. O’Connell. No ; it doesn’t. 

Mr. Feeney. Yes; it does. 

Mr. O’Connell. Mr. Tague’s credibility is established by the rest of the 
record, which you haven’t read. 

The Witness. Here is a case, we will say, of a man who has a decent re¬ 
spectable home and who turns it over to a man to use as a domicile. Under 
the law. If he is not present uhen the police are taking the census his wife 
his daughter, or the servant, whoever is in the house, must present that man’s 
name. Now, everybody knows that that man did not sleep there on the 1st dav 
of April—that he was a mattress voter. He has a respectable family in Somer¬ 
ville. They live there^ and their name is in the directory in Somerville. His 
name and his wife’s name appear in the directory of 1918 in Somerville. 
Now, that is unquestioned. Now, ive find here a man, talking throughout this 
city, posing as a hero and a purifier of the voting lists. 

Mr. O’Connell. I object to this. 

Notary Mancovitz. Note the objection. 

Mr. O’Connell. Wait, until you hear the objection. My objection is that 
this witness was asked a question with reference to the law of domicile as he 
understood it. ’ 

.Mr. Feeney. He is giving it. 

^Ir. O’Connell. He is going on to talk about something else that has noth¬ 
ing to do at all with the question; and I ask that he be reminded he was asked 
a question and he should give an answer to that question. 

The MTtness. If Mr. O’Connell will restrain himself- 

Mr. Feeney. I didn’t do any such thing. I called the witness’s attention to 
the talk which Mr. O’Connell and Mr. Tague made upon the question of coloni¬ 
zation, and the witness is within his rights. 


Tague, who said he never voted 




448 


TAGUE VS. FITZGERALD. 


Notary IMancovitz. A proper question, and a proper answer. Witness, proceed. 

Mr. Feeney. Proceed, Mr. Lomasney. 

Mr. O’Connell. I ask that tlie witness be told to answer the question and 
not to make statements on extraneous subjects. 

The Witness. I will connect this question, and I will convict him rij^ht 
here of either being in this position : Of having, and I respect the lady, iiaving 
her stand up and say she gave the name to the police, which is a cowardly 
thing for a man to do, or else admit he gave the name himself. Now, what is 
the story? 

Mr. O’Connell. Mr. Notary, I insist that this man be told that he was asked 
a question, and that he isn’t here to make attacks when he is asked a (luestion, 
he must answer. 

Notary Mancovttz. He is answering the question in his own way. 

Mr. O’Connell. That isn’t answering the question, because he is attacking 
Mr. Tague. The question was asked for his understanding of the law of 
domicile and the law of registration. 

Mr. Feeney. Not at all. Proceed. 

The Witness. I am applying the law of domicile to his own house. Let me 
tell you, sir, there is a well-established rule of equity that one, who is coming 
into court like that, must have clean hands. 

Q. Now, we have got you.—A. And what about this political grafter, who 
puts a voter in his own house? Puts him in his own house. What for? Cer¬ 
tainly, for the purpose of having him vote, and he had him vote there. Now, 
what is the situation? Fie goes throughout the city and he says: “ I believe in 
an honest voting list.” And he has a crooked voter in his own house. What 
standing would a man have? 

Mr. O’Connell. Mr. Notary, I ask that all be stricken out of the record as 
not being responsive to the question. 

The Witness. What standing? I am connecting this with your law of 
domicile, and I have seen lawyers before who could not see a legal connection, 
because they can’t see how you must join facts, and apply law to facts, and 
then you have sound common sense. 

Now, that is just the situation in this case. Here is a man who was stand¬ 
ing up before this city, and I proved by my statement of what he done in the 
city election, and I can prove further, if he wants it, as I stated in the State 
House, what he is. I told him in the State House, in front of the commission, 
that I had a letter in my pocket, if he wanted me to read it—a man who 
wanted everybody sent to jail, and sent everybody to jail—that would make 
him hustle to keep out of jail before any court in this Commonwealth. He 
did not ask me to read it. Not on your life. 

Now, the law of domicile, it is a close question. Thomas W. Lawson has 
three domiciles, three homes, one in Egypt, one in Winchester, and one on Bay 
State Road. He was taxed in Winchester, but voted in Egypt. He elected 
Egypt as his domicile, and the court has recently decided that the taxes he 
paid in Winchester were not properly collected, and they had to return them 
back, because he elected his domicile. That is applied to the rich man. The 
same question comes down to the poor man. 

A man can acquire a domicile only when he abandons—a new domicile when 
he abandons the former one. That is a great question of intention, and what 
is his intention and what does he do is a matter to establish—is a matter of 
fact to establish—his intention. That requires minute study of facts. You 
could introduce as testimony a police officer who would testify that he saw 
that man going into that house at a certain time at night and leaving it at a 
certain time in the morning, coming about around the 1st of April. It is a 
broad general question and it all comes down to the question of fact, what has 
he done and what is his real domicile? Those are peculiar questions of fact, 
and you have got to apply the law to those questions of fact. Now, a man 
can have but one dimicile, one vote, and it is a very complicated question, and 
there are many men, some of these men who are preaching the loudest have 
done it themselves. 

Q. You wouldn’t suggest that my good friend. Brother O’Connell, ever did 
that?—A. I don’t suggest nothing about him. 

Q. You wouldn’t suggest he did it over in my ward when he lived in 
Brookline? 

Mr. O’Connell. I live in ward 25, precinct 5. 

The Witness. I am not going to make any suggestions. I am dealing with 
Mr. Tague. I am not dealing with Mr. O’Connell. He is counsel here within 


TAGUE VS. FITZGERALD. 


449 


Ins rights. Now here is a man who four years ago proceeded to char^^e tiie 

witli not—with having not a right to be in the district 
r 1 ^ Patrick F.—not Patrick H. Goggins. You realize 

joii lead the record, he did not know the man’s name. He said “ Patrick II ’’ 

kiiow whetlier 

icfi H^ihP’on or not, he did not know hoiv often he stayed there, and that 
I u ^ would have yon believe lie conducts that decent, respectable home of 
his. He allowed a man in there, and he did not know what his name was 
don t know how many children he had. He‘is in Washington. Why, of course’ 
that must fall as ridiculous. 

Now, according to this check list, Mr. Goggins voted for him here, voted that 

(-lay. 


Mr. O’Connell. Again I must call your attention to the fact that this wit¬ 
ness IS wandering far atleld and isn’t answering the question that was asked 
him. j\ow, he is old enough to know better, and he is wise enough to know 
what he is doing, and I insist- 

Notary Mancovitz. Note his objection and proceed. 

Mr. 0’C<3NNELL. Your desire for an orderly procedure ought to he lived up to 
by this witness, and an admonition from you that he answer only the ques¬ 
tions that are asked him- 

INIr. Feeney. Why don’t you admonish him? 

l\Ir. O Connell. INIight contribute a little to an orderly proceeding. I ask that 
my objection be noted. 

Notary INIancovitz. Noted. ' 

Mr. O’Connell. And that his rambling on and renewed attacks on Mr. Tague 
or anybody that ma.v have voted from his house be discontinued. 

>Mr. P^eeney. I do not think the witness rambled half as far, because INIr. 
Goggins only came from Somerville to Charlestown, whereas my brother went 
from Dorchester way out to Brookline. 

Mr. O’Connell. Mr. Callahan and myself aren’t in Brookline. 

Mr. Feeney. You are both in the same box. I voted for you when you lived 
in Brookline. 'What more do you want? 

ISIr. O’Connell. We started out—we voted in ward 25, precinct 5. 

INIr. Feeney. Recently? 

Mr. O’Connell. Recently. 

Mr. Feeney. Recently? You reformed, old boy. 

IMr. O’Connell. No reformation in that. 

Air. Feeney. You lived out in Brookline four years, Alister, and you voted 
in the ward where I live, in Dorchester. 

Air. O’Connell. How do you know it? 

Air. Feeney. I voted for you at the constitutional convention. That is how 
I know. 

Air. O’C’oNNELL. Wouldn’t it be better for yoir to say you know you voted for 
me there? You never saw me vote over there, did you? 

Air. Feeney. I know I voted for you over there. You were a candidate over 
there in that district. 

Air. O’Connell. Because I knew I would have the support of men like your¬ 
self. 

Air. Feeney. Do you mean to say you did not vote for yourself? 

Air. O’Connell. Absolutely. 

Air. Feeney. Do you mean to say you did not vote for yourself on that day? 

Air. O’Connell. Yes. 

Air. Feeney. I am going to bring in the check lists and show you voted. 

Air. O’Connell. All right, you bring it in. 

• Air. Feeney. I will bring it in. 

Notary AIancovitz. Proceed, Air. O’Connell. 

Air. Feeney. Go ahead. 

The Witness. You see, when you stick this in, it strikes certain spots, 
doesn’t it? 

Air. Feeney. It hurts. 

The AVitness. I did not apprecisite my Brother O’Connell was in the position 
he was in. I did not appreciate that he had done that, and I can understand 
why he was so apprehensive about this, but that is always the way. But I do 
not mean him, but I have no use for a man who is a candidate for office and 
hypocrite enough to talk about and trying to go in and invade a poor man’s 


122575—19-29 





4:0 


TAGUE VS. FITZGERALD. 


h()nie and l)riii^c; liis wife in here. He is hypocrite who hrin;?s his wife in. 
We have iuul contests in this district, hut they were contined to men and not 
to women. He is a hypocrite with a mattress voter in his own house to j;<> 
out and seize or try to seize some other man’s wife and subpcena her in here 
and then extract from her on the stand sometldng about her liusl)and’s resi¬ 
dence wliicli may cause people not to come from fear of tellinj? somethin,}^ 
affecting- their d()mestic relations and their family matters, and a man who is 
hypocrite enough to do that upon the plea that he is fighting for a pure ])ailot 
aiid carrying a crooked mattress voter in his own house, it seems to me answers 
the cpiestion. He hasn’t clean hands, and in any court of e(put.\ woidd he 
turned out of court. 

]\Ir. O’Connell. INIr. Notary, I ask that all he stricken from the record. 

Notarv INIancovitz. Note Mr. O’Connell’s objection. Proceed. 

Q. Mv. Lomasney. I think I have called your attention to all the things which 
I deem of importance contained in the record as of statements made hy Mi. 
Tagu-e. Is there anything further which you desire to say here relative to 
this contest?—A. I do not. I will answer any questions. 

Q. Is there anything further which you have to suggest? Will you describe 
the^ lodging-house district, the lodging houses down in your district there?—A. 
We have a large number of these lodging houses, as they are all over the 
country. That have—I think they are called Dorr’s Hotel. You will find—if 
you will let me look at that precinct hook. [Book handed to witness hy IMr. 
Harrington.] 

Mr. Hakkington. There is nobody registered from there. 

The Witness. I was going to tell you—you will find here up in precinct 10 
or 11 on Pine Street, I think it is- 

Mr. O’Connell. Why don’t you go down to one of the districts you know 
more about? 

The Witness. I knew more about your district than you did, and I told you 
so when you were down in my room one night. 

Mr. Feeney. I told you you would get it; you would get caught, old boy. 

Mr. O’Connell. Get' down around the Hotel Royal and 19 Causeway Street, 
that you know more about, that you live near. Tell us about what you know. 

The Witness. To show you what this is, some charitable people, like a good 
many others, they say the"y are charitable, they have a hotel up there. They 
run ‘it on a clean basis, however. Here are one, two, three, four, five pages, 
six pages, seven pages of names up there that are poor fellows that come into 
the city that are there on the 1st of April, and I do not know how many are 
registered. There are very few; very, very few. It shows you how the police 
carry out the law. 

Now, then, if there was any attempt to colonize, if there was any attempt 
to do crooked voting, it would be in places like that. And that is the trouble 
all over this country. That is where they do crooked colonization and crooked 
registration, in places like that. They put men in on men’s names that were 
listed the 1st of April, that don’t exist. They simply carry the man here, 
his age, and put the men in on the men’s name and vote on them. You will 
—I do not know but the list will probably show if those names—if you 
will pardon me a minute I will count them up. 

Mr. Harrington. About 310 registered. 

The Witness. There are 300 names and 10 registered. Whatever you gentle- 
iren say is all right. I have no doubt about it. There are 10 men registered 
out of 300 names. If there was any systematized, organized conspiracy to 
register those, there is one place, a shining mark to do business in, in a place 
like that, with 290 names untouched. No question about that. There isn’t a 
particle of (luestion. Now, I am much obliged, INIr. Harrington, for the book. . 

In that section of the city; that is one instance. There are other places 
where tliere are, I believe, 15 and 20 cent rooms, but you gentlemen realize 
tluit no lodging house can exist in this city that hasn’t had a license from 
the l)oard of lieaitli and that they can’t carry in those places lodgers only so 
many. Each lodger is allowed to have so much cubic air space. 

Pardon me, Mr. O’Connell, I am trying to- 

Mr. Feenev. Don’t pay any attention to him. Nobody else does. 

The Witness. I am trying-- 

Mr. Feeney. Don’t pay any attention to him. Nobody else does. 

d’he Witness, Each lodger, they have- 

IMr. O’Connell. Excuse me if I have to laugh at that, IMr. Lomasney. 






TAGUE VS. FITZGEEALD. 


451 


If yon kept a lodging 


Q lie "W iTNEss. They have rules and regulations, 
house —I hope you never have to for a living\ 

ThP it than he is at the law game. 

11 1 . ^ I liealth come around there and they sav how many you are 

to put in there, because you must have so much culiicair space Lr each 
th . ^ ^ overcrowd. (T course there are places where they have 

•inri if ^ ^ . ^JStem, hut the man who is walking the streets of a rainy night 
ii‘.vo Tu ^ what the gentlemen who have plenty of* money 

cr '>ost he can, and unfortunately there are, notwith- 

smnding the prosperity that has come to us, a great many—there are many 
ot those poor people, and these places are their housing places ^ 

1-1 ^ intornipt you just a minute, please, liecause I do want to get 

called my attention to something that 
IS of Mtal importance, speaking now of 8 Pine Street. Let me ask you, please 

suggested he introduced hy the other side- 

Mr. O Connell. Oh, no. 

other side'^^^' u.s—kindly loaned to us liy Ur. Harrington, of the 

Mr. O’Connell. That is better. 

Q. Referring to 8 Pine Street- 

Mr. O’Connell. Stick to the truth. 

Q; It sets forth the name of the hoarder there, his occupation, and also where 
he lived the preceding year. Now, then, I want to show just where these people 
Mdio were, for instance, registered at 8 Pine Street voted on the preceding 
year to show the nature of the scattered population. The first name is a 
teamster, and last year he voted at Praminghani.—A. Mr. Feenev if you 
pardon me, it don’t show" they voted. Shows his residence, but not voted 
Q. Registered, I presume. MTien I say “registered” I mean his residence 
He was registered in this house there?—A. Yes. 

Q. Then using your amendment, his residence on this day, the first gentle¬ 
man, he was a teamster, and he lived the jireceding year in Praniingham*^—A 
A'es, sir. 

Q. The next man w-as a laborer, and he lived the preceding year in Low"elH_ 

A. Y'es, sir. 

Q. The next n>an w-as a steamfitter, and he lived the preceding vear in 
Laconia, N. H.?—A. Yes, sir. ' ‘ 

Q. The next man w"as a laborer, and he lived the preceding year in Ayer; 
the next man wms a laborer, and he lived the preceding year at 8 Pine Street * 
the next man wnas a teamster, and he lived the precedi'ng year in Brookline; 
the next man w’as a shoemaker, and he lived the preceding year at 1025 
'Washington Street; the next man wms a car cleaner, and he lived the pi^- 
ceding year at 251 Dover Street; the next man w-as a laborer, and he lived 
the preceding year at Quincy; the next man w-as a laborer, and he lived the 
preceding year at Bangor; the next man w"as a shoemaker, and he lived the 
year at Marlboro; the next man was a laborer, and he lived the 
year at AValtham; the next man w"as a dislnvasher, and he lived the 
year at Gardner; the next man wms a laborer, and he lived the 
year in Low-ell; the next man w-as a laborer, and he lived the pre¬ 
ceding year in Quincy; the next man w-as a laborer, and he lived the preceding 
year at 11 Columbia Road; the next man w-as a machinist, and he lived the 
preceding year at 59 AVestford; the next man w-as a w-oodsman, and he lived 
the preceding yenr at 34 Causew'ay Street; the next man w-as a painter, and 
he lived the preceding year at 22G Slunvinut Avenue; the next man w"as an 
iron w-orker, and he lived the preceding year at 31 AA^orcester Street; the next 
w-as a laborer, and he lived the preceding year at Providence, R. I.; the 
man was a laborer, and he lived the preceding year at Bangor, Ale. - the 
man was a laborer, and he lived the preceding year at 347 A Street. 
I’hei-e are several pages of people w-ho resided in this charitable institution 
liome and I will offer in evidence the record w-hich my friend has loaned me, 
showing me w"here they lived on the preceding year, AVill you he kind enough 
to h .ve it imvked for identification under the heading of “8 Pine Street”? 
(The pamphlet is marked “No. 5 for identification.”) 

(}. Is there anything further you desire to say relative to this contest?—A. 

I do not recall, sir. 

Air. Feeney. He is your w-itness. Air. O’Connell. 


preceding 
] (receding 
preceding 
p]-eceding 


man 

next 

next 




452 


TAGUE VS. FITZGERALD. 


Cross-examination by Mr. O’Conneix: 

Q. Of course precinct 10 you have just read from is in part of the ward that 
was annexed to your ward, original ward 8, at the last redivision and comes 
under the ward leadership of Mr. John L. Donovan. That is true, isn’t it?— 
A. Ward 5 is—there is no ward leadership there. There is a committee. There 
is a committee—there is a ward committee selected in accordance with the 
statute, and that ward committee are the persons who are in charge of the 
Democratic Party’s affairs. 

Q. You are not familiar with that part of the ward, the same as you are with 
the old ward lines included in old ward 8?—A. I am somewhat familiar. I am 
not expert on it. 

Q. Not nearly as familiar?—A. I am kind of familiar. I am not expert on it. 

Q. Let us come down to your examination this morning. Do you think it was 
manly—do you think it was a manly thing for you to try to put the blame of 
your unpopular action upon the shoulders of the dead postmaster? 

Notary Mancovitz. One moment. 

A. I am telling you I told Mr. Tague that when I talked with him—and as 
long as you bring in the dead postmaster—he told me he would follow him to his 
grave, and he discharged his duty toward the dead postmaster by charging him 
with opening his mail, and when the dead postmaster went there and faced him 
he denied it. He quit him. 

Q. The postmaster was alive, then, wasn’t he?—A. I am telling you the facts. 

Q. The postmaster was alive, then, wasn’t he?—A. Alive when? 

Q. When he made that statement about him?—A. Yes. He wasn’t present 
when he made the statement. 

Q. You are using these excuses and using the voice of a dead man to excuse 
your action. That is true, isn’t it?—A. No, sir; I am telling you the facts. 

Q. You are basing most of your actions and conduct in reference to the con¬ 
gressional election on the statements made by the dead postmaster?—A. No, sir; 
It was one incident in the transaction, and no more. I took an oath to tell the 
truth, the whole truth, and have that in mind. 

Q. Then, why did you emphasize it so much if it was only one of the inci¬ 
dents?—A. Because it was a very important incident. 

Q. Exactly. And you are making that very important incident the basis of 
an excuse for your conduct last year in stopping Congressman Tague from get¬ 
ting reelection, and you seek to justify yourself through the words of a dead 
man?—A. I told you the facts, no matter how disagreeable they are to you or 
to him. 

Q. When did you make up your mind to shift the burden of what you did onto 
the dead postmaster?—A. I never shift my burdens on anybody. I am here to 
Lice you and him and the world. Now, you have been telling what you are 
going to do to me. Proceed. 

Q. Will you be good enough to answer my question and never mind making 
an.y statements about me?^—A. That is my answer, sir. 

(). Did you last fall, during the talks on Mr. Tague, at any time include what 
you have.stated here this morning in reference to Postmaster iMurray as any of 
the reasons why you were supporting John F. Fitzgerald?—A. I gave the facts 
as they were to you to-day. 

Q. Please answer my question.—A. Will you repeat your question? 

(}. Did you last fall give as any of the reasons why you were supporting John 
F. Fitzgerald against Peter F. Tague at any time the reason which you have 
given this morning about the conversation with Postmaster IMurray?—A. In 
what way do you mean give the reason? Explain what you mean by that. 

Q. I am not explaining.—A. You will have to give me a question I can intelli¬ 
gently answer. 

(>. I am asking you, sir, if at any time last fall you stated that you were- 

A. Stated where and stated to who? 

Q. Any time last fall-A. Stated to who and stated where. Be specific. 

Q. Won’t you answer my question?—A. No. l^ou must make a specific ques¬ 
tion. Stated to who and stated where? 

Q. My question is broad enough to include everybody?—A. You must make a 
specific question. Can’t make a broad question with me. I am under oath. 
You must ask a specific question. 

O. If you will pardon me. I am asking you a question and you answer me.— 
A. I will answer your an intelligent question. Now, you make a specific state- 
nj.ent, but don’t, as you say, make a broad statement. Make a specific statement. 




TAGUE VS. FITZGEEALD. 


453 


to 1^4'? i-Tir """■“■■ 

ao.vone'elsa" ^ to answer you or 

tIi^'la^rques\Toi/-!^A'Vou'’wiu”^^^ Uiree'" “‘'’''tes.ti'.ving to get you to answer 
an intelligent question “®re it you don’t ask 

A.\h;:‘ce?S?n^;™“’ "■■- “ “■'■ .'-ou stafeS'W^L'ybociy— 

Q. (continuing). At any time-A. Certainly. 

Pe?oi- ^®a "'ere supporting .j'olin F. Fitzgerald as a<'ainst 

?a^t e?^' A"''T"'tn,T?,""r I’««t.naster Murray, now dead, you abou 

lagiie?—A I told that as one of the reasons. It wasn’t the reol rP«^mV if 
was one of the important reasons. ^ leason. It 

n tbe real reason? What was the real reason?—A. Because he was ' 

HeSlv tn district, because he took and allowed 

Heedj to take money while he was in Congress that he should not hnvp Unnp 

becaus^ he did not measure up to the position. It is a great district He fell 

I r rSt^Sl^lfe po'o^r !le^^is?;rpl“r 

Unpof^rty htalffluen 

morning that, as read into the record the 
piincipal reason for your not supporting- ’ 

Mr. Feeney. He did not say anything about “ principal ” reasons. 

Q. (continuing). Was that he had this controversy with Postmaster Murrnv 
you weren’t telling the real reason? osunasrei Muiiay, 

Mr. Feeney. Pardon me. 

A. I was telling one of the reasons that helped me to make up my mind that 
he \vas an improper man. 

iNIr Feeney Mr. Stenographer, note, please, that I protest against the ques¬ 
tion^ because the witness did not this morning, or at any time, say that was the 
principal ” reason. » .r me 

^ time on the stump or in any circular issued by you on 
behalf of John F. Fitzgerald, state that the reason why your nonsupport of Mr. 
Tagiie was due to any of these features described by you as having come from 
the tongue of Postmaster Murray?—A. I never talked in the campaign.but once 
on the election. 

Q. And at that time-A. I never mentioned that matter 

Q. No.—A. Because- 

(). So that you are using it now as an excuse, after the thing took place and 
you are iioav on defense?—A. I am on oath as to what I should tell, the truth 
and the wdiole truth. I told you the thing under oath. And that’s the truth 
Q. AVhat Avas the reason you gave last fall on this one occasion wdien yoii 
spoke as to why you w^eren’t supporting Mr. Tague?—A. ’Well, I described the 
reason I believe I should not support him. I made that statement in the rooms 
of the organization. I never write out a speech. I never have a speech pre¬ 
pared, and I couldn’t tell you, if my life were at stake, exactly what I said. 

Q. In substance, wdiat \vas said?—A. I could not tell you the substance. As 
I said wdien you asked me a minute ago what took place" at the ballot-law com¬ 
mission, I said, “ I do not know; look at the records.” That is my position. 

Q. I asked you no question about that a minute ago. 

Mr. Feeney. I asked him. 

The MTtness. Some question was asked me about \vhat was said at the ballot- 
law' commission. I said, “ I can not tell you; the records will tell the story.” 

Q. So this morning on the stand is the first time that you have told this'ex¬ 
cuse, winch you put into the lips of the dead postmaster, as your reason for not 
supporting Tague?—A. This is the first time I wms asked t,lie question, and I 
gave the reason. I am not going around telling reasons, until I am called in a 
proper wmy. 

Q. AVere you asked that question this morning, or did you volunteer it?—A. I 
do not recall ; the records will show^ ' 

Q. It wuis only a short time ago?—A. I told you I am a pretty careful man 
on sw’earing to something. You have got also to show' me the records of what I 







454 


TAGUE VS. FITZGERALD. 


say, but you and be were here and you know what took place, so I do not know 
whether I was asked the question or not. 

Q. So, if you were not asked the question-A. I told the truth. 

Q. (continuing). And you volunteered the statement, your prior statement, a 
moment ago, that you never tell anything unless you are asked, wasn’t so?— 
A. We are talking now as sensible men. We are here for a specitic purpose. 
Now, you never could fool me or catch me; can’t do it. You realize we have 
decent feelings toward one another. I want to tell this thing, no matter who 
it hits, and I am here to tell the truth, and I told you the truth, and Tague 
knows it is the truth. 

Q. Your statement of the fact, Mr. Lomasney, that you are telling the truth 
doesn’t help one particle.—A. I have a reputation for truth; not like him. 

Q. We will see, and Congress will pass on the charges.—A. They will be the 
judge of him if that matter was called to Congress, I know—taking that cor¬ 
poration's money—he would be unseated, if Congress takes Heedy’s report. 

Q. Let me take you right there, sir. You are trying to interject something 
that took place as the result of the mayoralty election of a year ago. That is 
true, isn’t it?—A. I am telling you- 

Q. That is true, isn’t it? Wait a minute. Isn’t that true?—A. I am telling 
'you what the records--- ' 

Q. Isn’t it true; don’t you want to answer?—A. I am telling you what Francis 
Heedy’s records show. 

Q. Don’t you want to answer my question? Hasn't that all to do with the 
mayoralty election of a year ago?—A. Certainly. 

Q. Yes. And this has l)een thrashed out on the stump by you and IMr. Fitz¬ 
gerald in the last-A. I never took the slump in the campaign. 

Q. You saw it in the circulars that were printed and were sent broadcast 
throughout the city?—A. I never took the stump in the campaign. I spoke 
once in our own club headquarters. 

Q. What did you say about this thing? Tell me.^—A. I did not mention it 
at all. 

Q. Flow do you know?—A. I didn’t know? Do you say I didn’t? I told him 
he was no tit man. 

Q. You told him he was no tit man?—^A. I will take it for granted. I may 
have mentioned it, but I am not swearing on it. 

Q. Didn’t you say a moment ago you did?—A. If you say I did, produce the 
record, produce the paper. I do not object to that; if you can produce it, present 
it here. I was making a speech to 500 or 600 men. I do not know what I said. 
I did not put it down. I am always careful to state the facts and always have 
the letters and the records when I talk. 

Q. Will you answer my question, sir?—A. I will try to, please. Present it. 

Q. Did you state a moment ago you did not remember anything you said at 
that meeting?—A. I said I couldn't remember exactly what I said. 

Q. Now, you want me to understand you did say this in reference to INIr. 
Tague’s mayoralty fight?—A. I don’t care what you understand. 

Q. Don’t you want the record to keep you clear?—A. I want the record to 
be honest and square for you and for me, giving you a square deal and giving* 
me a square deal; that is all. 

Q. Do you want to confuse the record?—A. No, sir; but you are trying to 
confuse me. 

Q. I beg your pardon. I want you to be a little bit slower in answering 
before-A. I’ardon me; I will try to. 

Q. (continuing.) Before I finish my question.—A, Pardon me; I will try to. 

Q. I haven’t yet been permitted to ask a question before you start to answer 
it or trying to interject-A, I beg your pardon, sir. 

(}. AVe will get {dong n good deal quicker if you will allow me to ask the 
question and after I get through, and try to answer it after I get through. 

Mr. Feeney. Ask the questions. 

The Witness. I will try and cooperate with you, Mr. O’Connell. 

Q. Now, I want to know if the statements that you made about the campaign 
contributions to Mr. Tague wasn’t taken from a public document submitted' 
to the city clerk of the city of Boston?—A. Certainly. 

Q. Yes. Under oath by him—by Tague?—A. I knew it before I got that 
paper. 

Q. Yes.—A. Certainly ; sure. 

IVIr. Feeney. This is under oath by Mr. Tague? Or whoever it was? 

The Witness. By Heedy, his campaign manager. 








TAGUE VS. FITZGEEALD. 


455 


Q. \ou know that this was made the campai.ii:n subject of abuse of Mr.^—l)y 
b itzp:erald in the tisbt last fall, don’t you?—A. I saw it in the newspapers. 

Q. Yes; so you are tellinj>: nothing new here to-day when yon are trying to 
create an impi*ession that IMr. Tagiio took money from st)mebody for bis 
mayoralty fight? You are not telling anything new, are—yes or no?—A. I am 
telling what took place, and I am giving that as the reason, that he sold the 
“ pass ’’ on that occasion. He was a representative of the pe ople. He had no 
right, while voting on the peoi)le’s property, he had no right to allow his cam¬ 
paign manager to take money from corporation representatives that he was 
voting on, especially when this l*rosident of ours—whom we all revere—-was 
lighting to save the people from that expense. 

(}. You mean by that what, sir?—A. I mean by that that he done that which 
he should not do. * 

(}. In what way did he do it? Novr. make yourself clear. I want you to take 
ail the time you need.—A. Will you please give me-- 

Q. iNIake yourself as clear as possihle.^—A. Will you give^ me the paper, 
please? 


(i\Ir. Feeney hands witness paper.) 

The Witness. Do I understand, Mr. O’Connell, I am to answer this'in my 
own way? 


Q. I want you to answer it in your owii way, because that is' the only way 
you will answer anything.—A. This is the report of the city clerk. This report 
shows $0,390 contrihuted to the campaign of I*eter F. Tague for mayor. It is 
I)Ut in by Heedy—Francis E. Heedy. The other part—I haven’t the other pait 
of the- 

(INIr. Feeney hands witness paper.) 

The Witness. It is submitted liy—says “ I, Francis E. Heedy, treasure!-, 
certify that the following is a true statement of all the receipts, expenditures, 
dishursements, and liabilities of Peter F. Tague, mayoralty campaign com¬ 
mittee— 

(}. I didn’t ask you to read that. I asked you to explain.-—A. I was trying 
to get that in my own way. I asked you if I would start- 

Q. I didn’t ask you to read it, hut if you want to, go ahead—go ahead. 

Notary IMancovttz. Proceed. 

The Witness (conlinuing)'. “And every officer and other person acting under 
authority or in behalf of said ”—and then there are some stars—“ iu accord¬ 
ance with the requirements of chapter S35, acts of 1913 and amendment 
thereof an<l additions thereto.’’ It says, “Peter F. Tague, $2,300; Andrew .1. 
Mahoney, $25 ’’; then comes “ Daniel F. Buckley, $500.” Then comes “ Thomas F. 
Flannigan, $50; IMoore Bros., $100; M. L. Emerson, .$500; Fred H. Baird, $.500; 
.Toseph Conway, $.50; Cornelius IMcGrath, .$20.” 

]Mr. Fp:eney. Is there any need of going any further with that now, Mr. 
Ijoma sney ? 

The Witness, I 

Mr. O’Connell. 


was going along in my own way. 
Let him go along in his own way 


Nobody else can get in 


anything. 

The Witness. Did I say Conway? Did I read Conway? 

Notary IMancovitz. Ye.s. 

The Witness. “Mr. McGrath, .$200; Mr. Ames, $200; .Toseph Casey, .$210; 
]Mr. Greene, $100; Nolan Bros., $.50; Mr. Callahan, $50; Thomas McDonough, 
$10; Herbert Coiinolley, .$250; .Toseph IMcGrath, .$25; .Toseph F. IMurphy, $10; 
Ph-ank B. Tague. $200; Philip Tague, $250; A. Berenson, $10; .1. Willing, $2.50; 
W. S. Burinnk, $.50.’ A total of $0,390.” 

Now, here is Buckley, ITinersoii, and Ames representing the tubes, the Pneu¬ 
matic Tube Co., and they put up .$1,.500. Tague has been fighting for 
the Tube Co. in Washington, as Congressman. William H. Ames, Daniel 
F. Buckly, or IM. L. Fmerson did not know Francis E. Heedy. They never saw 
Francis E. Heedy. They were under no obligations to P^’rancis E Heedy. They 
wei-e under obligations to Peder F, Tague —Peter F. Tague for what? For 
supporting their cause in Congre'^'S, as a Repi-esentative from this great district. 

Q. Go on. I wondered if you had finished. That is all. Go on and take all 
(he"time you want. I want you to make a complete statement.—A. And he is a 
candidate for mayor—he is a candidate foi- mayor—and he is fighting-—he is 
fighting to give these jieople another lease of power. He is lighting to give 
their corporation the public money, not as personal money—the mo;my of the 
—and he is voting as a Congressman to vote away the people’s money. 





456 


TAGUE VS. EITZGEEALD. 


AVlint for? To .ijive these ])eople an extension. There is a si'<^nt deal of oppo¬ 
sition to it. The post ofiice authorities believe it is a squandering: of the 
people’s inone.v. These are times that need the people’s money to he saved. 
We are tryini? to keep down taxation. This man’s .ioh is to represent the people. 
He is snppoi'tins; a corporation, hnt not the people. Yon will lind—yon will 
find—I have it ri.^ht here—yon will find the veto—I think I have the paper 
risht here in another pocket, which says “ President kills mail tube provision.” 
Tiie Globe of .Time 30, 1918, “Vetoes post-office hill because of it. Aleasnre re¬ 
passed by both Houses without this feature.” This was a time of war. 

The I’resident, in his capacity as the Commander in Chief of the armies and 
as the President of this country, i-e^^arded this as a matter necessary to the 
people to stop the public money ft'oinc: into this corporation. “ Don’t give the 
public money,” he said in his veto, “ to this corporation,” and this is what is 
included in the Globe in his veto message. The President said : 

“ ‘ I am convinced that there is no moral or legal obligation resting on the 
Government to continue the use of these tubes by rental. At the time they were 
installed they may have had some value as a postal facilit.v, hut that was be¬ 
fore the volume of mail had reached the enormous proportion which it has to¬ 
day and before the development of the use of motor vehicles.' These develop¬ 
ments have made the tubes practically obsolete. » 

“ ‘ The postmasters of various cities where the tubes ai*e in use have spoken 
against them and urged that they he abandoned. These reasons seeming to me 
conclusive and compelling I have nut felt at liberty to acquiesce in this feature 
of the hill, which I return reluctantly herewith.’ 

“The pneumatic tubes have been the source of hot fights in Congress for 
many years. Those opposed to the operation have charged that the private 
interests owning them were attempting to ‘unload’ them on the Government.” 

I\lr. Feeney. That is President Wilson’s veto? 

The Witness. That is what the Globe said. 

INIr. Feeney. Of the vote participated in by Mr. Tague. 

Mr. O’Connell. Pardon me, he started to say what President Wilson did, 
and then read a newspaper article. 

The Witness. Because the veto message—I want to be fair to the other side. 
I will turn the matter over because the veto message—I think you ought to 
see it. 

]\Ir. Feeney. We will offer it in evidence so there will be no question. 

(The clipping from the Boston Globe, dated June 30, 1918, is marked “No. 
6 for identification.”) 

The Witness. Could this man, being a representative of the people and on 
that veto which he did not vote to sustain, ever have a campaign manager 
take fifteen liiindred of their cash? Could he? Well, then, he must be a won¬ 
derful man, and why didn’t he follow the great President on that question? 
Was it because that this Mr. Heedy got fifteen hundred? Now, there is one 
of the reasons. That was a base betrayal of the public trust, one of the worst 
betiTiyals of the public trust ever encountered in this city since I have had 
anything to do with it. It shows—it shows that—it will show that Buckly, 
Emerson, and Ames did not know Heedy. Who was delivering—Heedy or 
Tague? No; Tague was delivering his vote and influence to the corporation 
for the coin that Heedy received. That is my viewpoint, and that is where it 
is wrong. 

Q. Now, then, you have got done?—A. Yes. 

Q. This tube bill, according to the Globe date, was vetoed by the President 
in June of 1917, isn’t it?—A. Whatever it says there. I do not know. 

Q. This campaign contribution from IMr. Tague was seven or eight months 
later?—A. I think that is—pardon me, look on the date of the Globe and see if 
it don’t say there “ 1918.” What does the Globe sav was the date of the 
Globe? 

Q. There is no printed date line on it.—A. I mean written on it. Pardon me, 
may I see that? 

IMr. Feeney. Show it to him, Martin. 

The AVitness. That is my writing. This was in the Globe, not of 1917 but 
the Glolie of June 30, 1918. 

Q. It doesn’t say so in the Globe.—A. That is my writing. I will bank on 
that. 

Q. Now, this pneumatic tube, in order that we may understand things, the 
retention of the pneumatic tubes was advocated by the niavor of Boston, the 


TAGUE VS. FITZGERALD. 


457 


Sl‘Thrbo”u-ds“oT'ti-nflp"nf‘’G association, and 

about that ' * ‘ ^ H?—A. I do not know anything 

Q. DonT you laiow about it?—A. No. Wiil you ask me- 

n ^ Lomasney?—A. No, sir- I do not 

vouim^-o abreast of what is going on, of those things?—A. When 

When i iiavenT tXd w!‘th ?hen“® ^ ^ 

Q. Lon’t yon know it is a public matter?—A. I know this_ 

questil°-A'’”l\rd“on\nl"“ ^ 

Q. Don’t yon know, as a .matter of public knowledge, that the mavor of 
TldrnmopVfm retention of those tubes?—A. Wliicli mayor of Boston? 

q! Yo^^^ic^not?-i Nl“"i'r. ^ 

^^"emung their;^ 

s’s'i'iss.;;;;”" >'■“■• “"""■ '“■«■ »•£o.;.,”::',; 

Q Don’t you know, as a matter of fact, that many other public parties here 

t but I willsystem?i^.4. I do not know 
ton’’ Thn^ great—the old “Martha AVashing- 

Hght tlmra ^ ^ him—the com. Right there. The coin, he shows it 

delegation to 

Q. (Continuing) to urge retention of the tuhes?-A. Which mayor of Boston? 
Q. This one and the man ahead of him.—A. I didn’t know it, sir 

that the other two Members of Congress from Boston voted 
thev oil that matter?—A. I do not know, sir, whether 

wiS’t record, I will say so. If you assure me, I 

t-ikhlo.^pmn' word; hut I did not see anything about any of those gentlemen 

Tn^rrna’« ^ Officers of the corporation they were voting for, like 

iagues campaign manager. 

firS' England Congressmen voted for the reten- 

tffi?ik th^ ^ system?—A. I do not know anything about it, sir. I do not 

think the New England Congressmen took the coin of the corporation, like his 
campaign manager did, sir. 

Q. Are you now stating the only reasons—this and the other in reference to 

nie.vote.on the war as to why you did not support Congressman Tagiie?_A. 

No; I know there were a lot of incidental things that led up to it. No one or 
two things. He had made me a promise to quit at the end of four vears and 
support a ward o man, and he broke his promise. He was a liar. 

^ Q. If^that was the reason-A. That is one reason. . 

Q. (Continuing.) You are adding these other reasons theiD—\ No- these 
are all elements. 


Q. M\-iit, please, please.—A. Pardon me. 

Q. These other reasons you are giving to-day are all afterthoughts for the 
purpose of besmirching Mr. Tague’s name, are they not?—A. This is a public 
record of what his manager done in order to make him mayor. That is not 
besmirching him. Of course, I do not wonder that you say it Iiesmirches him. 
It does more than l)esmirch him. It shows wiiat he is. 

Q. Mdiat do you expect it does?—A. It shows that he is- 

In what way?—A. A man who will go to Congress and put up his right 
hand and swear to do justice with his office and then support a corporation 
against the President of his country and take money from the officers of the 
corporation to make him mayor, is what he has used his office for—to get the 
corporation’s money. That is an impro})er thing. I do not say whether it is a 
legal thing. It is absolutely an improper thing to do. As I said before, if they 
defeated Jim IMann for leader because he takes a few steaks, what about this 
chap who will say, “I am St. Peter; I am St. Peter,” and then he is in this 
position with the silver, with the silver, tlie 12 pieces of silver in Heedy’s 
pocket or the 40 pieces of silver. 

Q. Before taking up anything further, I want to give you all the time in the 

world on this. Go ahead and tell me any other reasons; anything like that._ 

A. I have given you all, I guess. There may be some I don’t remember. 








458 


TAGUE VS. FITZGERALD. 


Q. I would rather you finish it up and tell it all.—A. There was a lot of minor 
tinners. The Jewish people down in our way could get no recognition. When 
Jewish hoys would go to his office they would be insulted and called “ sheenies.” 
The Italian boys were given no standing. They could get nothing. He would do 
nothing for the district. He took care of lots of other peole. He wouldn’t do 
nothing for the district. The people were aroused. Women would go up there, 
poor women, respectable and honest, whose fathers put him there, lifted him 
from ohscui'ity to affluence, and they would he shoved aside. There was a gen¬ 
eral feeling against him. That is another element. All those matters cpn- 
tributetl. 

Q. You took all these matters into consideration?—A. Certainly. 

Q. And as a result of taking all these matters into consideration, you de¬ 
cided that he was not to he the next nominee?—A. I decided I wouldn't support 
him. 

Now, vou are the boss of ward 5?—A. No, sir. 

Q. What?—A. No, sir. 

Mr, Feeney. You are not hard of hearing? 

Q. Did I understand you correctly?—A. Certainly. 

Q. What are you in ward 5?—A. I am a member, at present, of the Demo¬ 
cratic State committee, and I am an ordinary “six-o’clock ” Democrat. 

Q. What have you to do with the guidance of the affairs of ward 5?—A. I 
work in conjunction with the regularly elected ward committee and the dif¬ 
ferent committees that are interested in the success of the Democratic Party 
in that section of the city. 

Q. How often have you worked against the interests of the Democratic Party 
in that section of the city?—A. Well, very seldom. 

Q. Very seldom ?^—A. I told you I was against Fitzgerald for mayor when 
you were with him, and you saw what happened. 

Q. At that time you supported Louis A. Frothingham, the Ilepublican candi¬ 
date for mayor, didn’t you?—A. We believed- 

Q, Yes or no?—A. We believed- 

Q. Yes or no; did you? 

Notary Mancovitz. Answer the question in your own way. 

The Witness. I am answering the question in my own way now, here. 

Q. Did you?—A. We believed—we believed—^you see, I use the word “we.” 
We believed the best interests of the city demanded the defeat of Mr. Fitz¬ 
gerald. I leave it to history to tell whether we were right or wrong. 

Q. And still you haven’t answered my question, and I insist on your answer¬ 
ing. You supported Louis A, Frothingham, though he was the Republican 
candidate for mayor, didn’t you?—A. He was standing for good government, 
and we supported him. 

Q, And he had the Republican nomination, didn’t he?—A. I presume he did. 

Q. Don’t you know he did?—A. I think he did. 

Q. Now, you have been able, at all times, to balance that ward of yours- 

A. Pardon me. 

Q. (Continuing.) And able to deliver to the men you want?—A, No; I 
haven’t. 

Q. You started your political domination of that ward by first electing to 
the House Harry H. Atwood, as a Republican, in order to show your strength 
in that ward, didn’t you?—A. No, sir. Not at first. 

(}. Rut you did elect a Re]tul)lican?—A. Yes. 

Q. To the House of Representatives from a Democratic ward?—A. l.-et me tell 
you-- 

Q. Wait, please. I am not on the stand.—A. I heg your pardon. 

Q. You did elect a Republican to the legislature in that ward?—A. The people 
of that ward elected JMr. Atwood to the legislature. 

Q. That was at the time, and you supported Mr. Atwood for that election?— 
A. Unquestionably at that time. 

Q. Yes; although you are a Democratic leader-A. We were never claiming 

to be Democratic leaders. 

(). You claim to be a “ six-o’clock ” Democrat, and you helped to elect a 
Republican to the legislature, didn’t you?—A. I told you who we elected and 
told you what we done. We were fighting an organization that was in control, 
and as fighting that organization we supported Mr. Atwood, a Republican, and 
another man who was a Democrat, and we put- 

(). And that is what you call a “six-o’clock” Democrat, is it?—A. That was 
way back in the eighties. 








TAGUE VS. FITZGERALD. 


459 


F. Tagiie, yon have 
No, 8ir. Never was 


O eiglities was that?—A. Mr 4twood_ 

Mr. SiEv"" that? 

finish. tnnsh that answer. Wait a minute. Let liim 

specific. It may be 1888^^1887 aroiiiul—now, I don’t want to be 

Q SoTwah";"™;’" r-"- 

members IVe b iv^ Vi fO members. W e have a Jewish committee of 8 
yea.-«, and a gen'eral connnUtee'ot'in'Iablvlo 

3d contS,’? T aleetion'S be’ clofni.^t X’na“ 

enough tfrv i did • no 1 y;'-'' ."’t*'- -I said that peoi.Ie we're foolish 

that ifll^rt-n/o^rt^^o^^^^ 1--' to 

ra.JioaU]n‘ih|;re^ 

Q. ho divides your authority hi that ward with ,vou?-A. Several men 
yon?Av”'hiere?uLrdoUn m«; ootHority ilown there with 

*;• ^h\ time since 1888 down to the present time. Name "me one man that has 
«d the authority with you?--A. That is a long period and i don'i hS 

Q. It is the last 30 years?—A. I told you—yes sir 

y. Can you tell me any one man in this 30 years that has divided the political 


authority of that ward cfith you? 

IMr. Feeney. Wait a minute. Pardon me. 
30 years in determining the- 


Are you sure you want to go back 


Q. Please an.s\ver the ciuestion, IMr. Lomasney. I am not enthrino- 


any contro- 


j Oil. A. I do not want to be oftensive to either side. I want to be 


versy \vith 
courteous. 

• Mr. Feeney. I am perfectly willing that they should have reasonable latitude 

on‘M seeing the two of tlieiii at each other, but I do not think we 

ought to go back 30 years. 

Notary Mancovijz. I agree with you. 

Mr. Feeney. To determine some of the questions at issue here. 

Notary Mancovitz. Confine it to more recent times. 

Mr. O’Connell. I am going to show that this man has been the undisputed 
political dictator of ward 8—now ward 5—for the last 30 vears; that as the re¬ 
sult of his political dictatorship and kaiserisni he has been able to do anything 
that he pleases down there; and I think it is perfectly pertinent to this inquiry 
to show up the dynastic relationship between this man and his political slaves 
in that ward. 

The Witness. Pardon me, Mr. O’Connell, that is an offensive word. 

Mr. O’Connell. And I am going- 

The Witness. I aidon me, IMr. O Connell, that is an offensive word to apply to 
intelligent men about the general vicinity you were born in. They are free men. 
Toil aie an intelligent man and y'ou have to make y^our living before juries 
Don’t call any of your free men—many of them your 
There are no slaves in this country to-dav. You live in 


own people—slaves, 
the past. The only 


slaves are over in Ireland. Holler against that. No slaver.v here. 

Mr. O’Connell. I am not at all intimidated by your aliusion to jury work. 
The Witness. That is a very offensive word, and I know you di(i not mean 
it, but it makes a bad impression. I am saying it is a very offensive word 
to apply to any class of people—they are slaves, they are slaves. They^ are 
intelligent people. They are poor people, honest people. They are" poor 
people, honest people; poor people and honest and intelligent, 

Q. You have been able to get these colonized voters of yours that you justi¬ 
fied on the ground that they have a right to take a domicile where they 

choose, to vote in the'manner in which you wont them to vote?_A, I never 

got a colonized voter to vote for me or anybody else in my life. 






460 


TAGUE VS. FITZGERALD. 


Mv. Feeney. Will yon pardon me at just this moment, Mr. O’Connell? 

Notary Mancovitz. It is 1 o’clock, and we will take a recess until o cloc v. 

(Noon recess.) 

AFTEENOON SESSION. 

MARTIN M. L0:MASNEY, cross-examintion re.suined: 

Notary Mancovitz. Are you gentlemen ready? 

IMr. O’Connell: 

Q. Now, Mr. Lomasney, you have supported Harry Atwood for the legisla¬ 
ture when he was elected, and you have supported Republican candidates foi 
mayor, as Louis A. Prothingham against the Democratic nominee. Now, you 
supported Isaac F. B. Allen for the governor’s council against John H. Sulli¬ 
van, didn’t you?—A. No, sir; I did not. . t i 

Q. As a result of the dark-cellar campaign which you waged against .lohn 
H. Sullivan for the governor’s council the result was the election of Isaac B. 
Allen, an unknown negro, at that time?—A. That is an actual falsehood. 

Mr. Feeney. Now, wait a minute. I don’t like- 

The Witness. lam prepared to demonstrate it by the figures. It is a false- 

hood. - ,, _ 

Mr. Feeney. I don’t like to interrupt at this moment and, really, I am 
having as. much fun as anybody is having here, hut I w<int to finish as soon 
as I can. I don’t see what those people have to do with this inquiry about 
the congressional election. 

Notary Mancovitz. It has nothing to do with it, and ought not to he brought 
into it. 

Mr. O’Connell. It has this to do with it, in answer to your suggestion: 

I am going to say that this man is the absolute di'-tator of political affairs 
in ward 8, now ward 5; that he can elect to office a Republican or peniocrat, 
according to his own desires and according to his own machinations; that 
“ Democrat ” or “ Republican ” mean nothing to him except to have his own 
way. Now, Mr. Lomasney- 

Notary Mancovitz. Just a minute. Isn’t that a matter of opinion instead 
of fact? 

Mr. O’Connell. It is a fact and you know it, IMr. IMancovitz. 

IMr. Feeney. Just let him demonstrate it . 

Q. Now, at that time that John H. Sullivan was defeated as the result of 
the candidacy of Isaac B. Allen, an unknown negro, John F. Fitzgerald was - 
also mixed up in the cabal within the Democratic Party that surreptitiously 
brought about the defeat of one of the most sterling Democrats of Massa¬ 
chusetts, ill the person of John H. Sullivan, who was the .candidate for gov¬ 
ernor’s council in a district which never before had elected anybody to the 
council except a Democrat. 

Mr. Feeney. Is that a question or a preliminary statement to some speech? 

IMr. O’Connell. Do you think that is factitious? 

Mr. Feeney. I don’t think it is a question, 

Mr, O’Connell. JMr. Stenographer, will you read that question to the wit¬ 
ness ? 

(The question is read.) 

A. I think the figures will speak for themselves. I have a book, and if 
somebody will take down the figures we will see where we stand. 

Q. Give me the list and the others can- A. No ; I will give you what you 

want, in the Sullivan fight. Let us figure out one thing at a time. 

Q. No; I am asking these questions.—A. Do you think that is a question? 

I say, do you think that is a question? Is it a question? 

Q.' I ask you for an answer to the question.—A. I will give you the answer to 
the question right from the election commissioners’ figures. 

Q. Are you going to answer, or make speeches?—A. I told you that I did not 
take part in the defeat of John H. Sullivan, and I told you I could prove it to 
you. Do you want me to prove it to you? 

Q. AVill you answer the other question in regard to the cabal between you 
and Fitzgerald for the defeat of the Democratic candidate for the governor’s 
council?—A. Pardon me. I wish you would define that word “cabal.” Is it 
Irish, or is it Yiddish? 

Q, For your enlightenment, that means, as I use it here, a “ gang conspiracy.” 
Now, were you engaged in a gang conspiracy with John F. Fitzgerald to bring 
about the defeat of John H. Sullivan, which resulted in the defeat of Sullivan 




TAGUE VS. FITZGERALD. 


461 


want to help if I 
times. 


IbofrrscanlnuliLsaclu^^^^ No.lh-? 

Q.' WaU a ^ 5’®" “®- 

Mr. Feeney, Answer the question if you want to. 
ihe UITNESS. I want to be respectful to Mr. O’Connell. I 
afraid of the figures. We went over that forty 
Q ■ N^\v ahead with your answer, if you want to. 

nesl‘'y^rh?ve tl!: right'?o'flnlsI.T 

foJpre'sident*for'SI: J "'f *”''® *''® electi»“ foi' governor, 

^enator, tor the governor’s council and for Congress in that 

o t ti ; mathematicians" w^o can go 

wn^o you will find that the ward in that district 

\ support in the district to Sullivan was ward 8 and he 

by the voters in ward 6 and ward 9, and I made a speech the night 
befoie, in Lyceum Hall, one of two occasions in my life that I spoke there and 
I \\ aimed him to be careful, and I spoke specifically for Jolm H. Sullivan and the 
entile Democratic ticket, and the figures will show that. I will read the fio-ures 

jeai There was a split in the Democratic Party. It had nothiiio- to do \\dth 

^ believe by McKinley, by a tremendous majority. Now_ 

Q. Pardon me. 

Mr. Feeney No. Don’t interrupt him until he finishes that answer. Now 
^^e \\ill lead the vote and we will finish that question ’ 

The Witness. Ward 6- 

Q. At that time John F. Fitzgerald was in control of ward G, wasn’t he? 
first ' Tardon me, Mr. Lomasney, you may finish the original answer 

The Witness. I will read the vote, as I say. 

Q. In order that we may understand, as we go along- 


the A’ote to Mr. Goodwin and he can put down the figures and tlm* enth-e vo^e^ 
and I will take his figures to save my time. ’ 

Mr. Feeney. I will offer the book in evidence, so that we will be able to Drove 
it ourselves. ' 


(Election commissioners’ return, pamphlet, marked “ Exhibit 7.”) 

Mr. O’Connell. You are coming to his assistance, are you? 

Mr. Feeney. He does not need any assistance, but the Red Cross oiiLdit to 
come to jmurs. 

_ Q. As Mr. Feeney has relieved you of the necessity of ans\yering that ques¬ 
tion, I want to ask if you have anything more to sav about it?—A I say that 
your statement is an absolute falsehood. 

Q. I ain asking you questions.—A. That is what I say about voiir statement 

Q. Isnt It true that John F. Fitzgerald, now, or last fall, the candidate for 
Congress, was in charge and in control of ward 6 at that time when Isaac B 
Allen ran for the governor’s council against John H. SullivaiP^—A I think he 
was. 


Q. So that John F.-Fitzgerald played the ignominious part of Democratic 
treachery to elect to the governor’s council in IMassachusetts an unknown ne«To 
which resulted in political scandal in Massachusetts?—A. I am not a defender 
of Fitzgerald’s attitude in any contest, but your statement, in mv opinion is 
false. " ’ 

Q. You know he was in control of ward 6?—A. I know he was then in 
ward G, but when you ask me to verify or to answer, I say just as I said 
about the other, I won’t do it. I have no such knowledge and I don’t believe it. 

Q. On the day that Allen was elected in the governor’s council, was Fitz¬ 
gerald a candidate for Congress at that election?^—A. Yes, sir; the* books will 
show you that; yes, sir. 

Q. And was it not the surprise of Boston and of Massachusetts- 

Mr. Feeney. Oh, wait a minute. Wait a minute. What does he know 
about surprise of ^Massachusetts? 

iMr. O’Connell. Are you through? 

Mr. Feeney. I am absolutely through, and you ought to be through, too. 
If you had good sense you would be through. But I want you to go right 
ahead, because I can see what is in store for you. 







462 


TAGUE VS. FITZGERALD. 


]Mr. O’Connell. I wish yon would stop interrupting me. 

IMr. Feeney. Then why ask such questions about the surprise of Massa¬ 
chusetts? 

Mr. O’Connell. Well, can’t you be quiet, like a good little hoy? 

Mr. Feeney. No ; I can’t. 

Mr. O Connell. Martin gave you your orders, nnd you are here because of 
it. Tell him to keep still [addressing the witness]. 

The Witness. I have no control over him at all. 

INIr. O’Connell. He managed to get you in here to-day, I see. 

Mr. Feeney. No ; I came in to see the fnn. 

IMr. O’Connell. When you get tlirough badgering me, I will go on. 

Notary IMancovitz. If you will attend to the questions and answers, you 
will get along faster. 

Q. Give me the names of other Republicans that have been supported in 
that ward that you control.—A. I don't control any ward. 

Q. Give me the names of Republicans that have been suppoi’ted in your 
ward by your organization.—A. I have no ward. 

Q. Isn’t ward 5 your ward?—A. No, sir. 

C^. Don’t you hail from there?—A. I live there and vote from there. 

(,). Then, referring to it as your ward, in that respect, give us the figures 
of Republicans whom the organization in ward 5 have supported for office.— 
A. I don't recall any. 

Q. Do you recall Edward W. Presho?—A. Yes; I recall him, and I never 
voted for him in my life. He used to go around with the card of the A. P. A. 
in one pocket and the card of admission of the Ancient Order of Hibernians 
in the other. [Laughter.] 

Mr. Feeney. I should like to sit here and hear this go on indefinitely, but 
I shall have to object to it, because I want to get through. 

Notary Mancovitz. I shall rule it out. 

Mr. Feeney. I shall object to any further questions about the fellow who 
carried the card of the A. P. A. in one pocket and- the card of the Ancient 
Order of Hibernians in the other. 

Q. Did you oppose the nomination of James H. Gallivan, who had the 
Democi-atic nomination, and did you support the Republican nominee?—A. I 
supported John B. Dore, who was a Democrat all his life. Born a Democrat, 
and died a Democrat. 

Q. Do you know that you supported John B. Dore against Janies H. Gallivan, 
who had" the regular Democratic nomination?—A. John B.- 

Q. Yes or no.-^A. John B. Dore was born a Democrat and had repeatedly 
had the Democratic nomination. The lioard of strategy at city hall decided 
to turn him out. I exerris(Hl my own prerogative and voted for Dore, and 
I do not apologize for a minute. 

Q. But, in fact, Dore was running on the Republican ticket, wasn’t he? 

Mr. Feeney. I object to that question. 

Notarv Mancovitz. I rule that question out. 

Notary Behman. I don’t think that the notary has any rigiit to rule in this 
way. 

Mr. D’Connell. You are getting worried, are you, about your Republicanism? 

The Witness. No ; I am not worrying about anything. There is the fellow 
there that is worrying [Congressman Tague]. You just tell me to read a 
letter I have got in my pocket. You didn’t do it in the ballot law commission, 
did you? 

Mr. Feeney. Mr. Notary- 

Mr. O’Connell. Pardon me. I call the attention^- 

Mr. Feeney. No ; I am addressing the notary. 

Mv. O’Connell. I call your attention to the fact that a demonstration has 
occurred in this room, begun by Senator Fitzgerald, and by James H. Brennan, 
another Lomasney man in this part of the courtroom here, and I ask now that 
you call upon the deputy sheriff or the marshal to maintain order in this 
courtroom. 

Notary Mancovitz. We will proceed. 

Mr. Feeney. I want to call your attention, Mr. Notary, to the record made by 
Mr. O’Connell, which is as follows: 

IMr. O’Connell. May I go on with the cross-examination? 

Mr. Feeney. Pardon me. 

IMr. O’Connell. Pardon me. Have you stopped your- 






TAGUE VS. FITZGEKALD. 


463 


tins for us, has no power to hear^thlf Ne t!ie^"l ® M sit- 
J-epreseiitative of Mr. Pitzgerjikl sitting as a 

axv, simply to take the teltimoiw oLstionfofTI anOerstand the 

congn'ssional eommittee These iiido-pt 1,0 vi ^ ^ ^ decided by the 

of law, and it would he an idle p^^ Questions 

law with them, so that I am not^villint^ to discuss questions of 

would have to he discussed later on 1 ofort li at this time questions tliat 
are conceriu'd now, Mr. Berman will not ooimmttee. So far as rulings 

Serald c)pens, then Mr M-ineovif-/ ,vni * ^ ® .unlse. ^Vhen Mr. Fitz- 

nient made l,v Mr kc S ‘an Mr'' Po''*'*" That is a stall 

that from this time onward I shldi h list tirU Mr"’'M 

here as ]\Ir. (d’Connell suggested ^ make the rulings 

III: F^f Golr* every hit of it_ 

Mr.' FlEr^Aii'l^ ‘“en I sta.ui for now. 

'scoiie in lnhll^ols-exrminatilf”'An'd T'ltt^^ I'll'- Calialian, was given nnilmited 
and I ask II, at sanie St olvol T Il f»« time in it, 
this man and I ask him to stand Viipi-p conducting the cross-examination of 

a man, and if he doerno? v^nt to mt ^ ca-oss-examination like 

say so, and the heaiim; If you don’t want to, you 

swer these questions wliiciryou^are^fraM^to^ you alon’t want to an- 

lifflit of day come in. Gh4 i?e a chanoi m the 

world the kind of man he is and wW n! ^ cross-examine him and sliow the 

medicine. He’deservel^t. distance. Let him take his 

natimf of tlm irntYeTs aYd issuS^inviu^^d^-^ 7 }^ confine yourself to cross-exami- 

liappened 2Y0Y sY'yerrslagY''' 

unless I object. I wantYhis "entleman t^^ notary will not make any ruling 
ing to do. *=entleman to go ahead and not quit as he is try- 

Notary Mancovitz. All right. 

Mr' FrSriy n,' ever' called me a quitter. 

Ar ■ there have. 

O statement of it doesn’t make it so 

tlie ciVrof B,lt“ If till'ilmiln;!'''''' was the Ilepulilicnn nominee in 

was. hut he fa‘conlfsfenf 

feltPil"''’ "'"J 7'”e''''’ev tliat in the primary .lohn B. Dore was de- 
* O tfrlm • I Primaries, tliey had a convention. 

,n ‘ lie was defeated that’you were interested witi, nore 

if^f "sirnr rf^ f 1 ,?. <;ecent respectable mil Inf y’o‘u 

you stand in the community as well as John B. DoYllid nrh^s YS^/YM 
s a credit to know He came from the part of Ireland that my fathei was 1 on 
n Comity Cork. We were never ashamed of John B. Dore. He wY a n ode 
citizen, he wa.s a model father, and as I told a man recently when he'Vas talY 

BostonYieiS^^^ before the coinstitutional convention, a very prominent\nan, a 
hioii rnei uiant l said If you can show as good a record and can show thnf 

v-cf lncpf‘''“l’' 'I® ‘P Pity of 

TT^’. , ■ He is now iii^bankruptc.v. Don’t throw reflections on Mr Dore 

He IS dead a good deal longer than William P. Murray is. 

}. oil supported INIr. James F. Gallivan a few years before that as an ind^- 
O Onl?t Congress?-A. Yes, sir; against John P. FitzgVraUl 

Q. Only two years previously. In other words, it resolves itself into this • 
can have your way in securing the nomination, you wall go out and 
efeat the candidate that defied you, by taking up any party that you can to 




464 


TAGUE VS. FITZGERALD. 


defeat him, res^nrdless of the fact that he has regular Deiiiocraticm^ 

That is true isn’t it?—A. I am uncontrolled and uncontrollable. Nobody ^>wns 
me and nobody can dictate to me. The hoard of strategy, Quincy, or anybody 
else. I claim to be one of the real old independent Progressives. 

O Once again, you are uncontrollable by the laws of tradition, of Democratic 
opposition, as far *as politics are concerned; unless you can have your own sweet 
will nobodv can control you. That is what you mean, isn’t it?—A. No, sir; i 
am sorry that your understanding is such that you can not understand the 

plain Anglo-Saxon answers as I give them to you. ^ n n o a 

O. Will vou please explain what you mean, that you are uncontroIlaDle. a. 
I mean that I am master of my own life. That God Almighty gave me will, 
memory, and understanding. That I am under no financial or moral obligation 
of any kind at all; that no man can take me in a room and tell me to do this or 
that.* I have tried to do what I believed to be the proper thing for this city, 
this State, and this Nation. I have certainly made my mistakes, hut my name 
IS in the State house and in City Hall. It speaks for itself, and in iny opinion, 
it will live when a great many minds, in their own opinion greater, will be dead 

and forgotten. ^ 

Q. You have not yet told me what you mean by controllable as tar as it 
refers to not following the Democratic nomination on election day.—A. I was 
not a member of the convention which nominated John F. Fitzgerald for Con¬ 
gress. James F. Gallivan was being opposed at that time by the P>oard of 
Strategy. James A. Gallivan was a candidate. Gallivan was supported by 
us and \ve supported IMcNary the same day for the governor’s council. A year 
ago fighting the board of strategy took Mr. Gallivan away from that element 
in the communitj" and gave him the nomination for street commissioner, and I 
exercised my divine right at the polls and I voted for .John B. Dore, and I did 
not and never have apologized for it. 

Q. In other words, when you could get James A. Gallivan to serve your pur¬ 
poses you supported him, and you refused to support him as the regular Demo¬ 
cratic nominee?—A. I refused to support Gallivan when the board of strategy'- 
put their seal of approval on him. 

Q. Do you want some more water?—A. My throat is in bad shape. 

Q. Are you getting a little weak?—A. No, sir. I am pretty near 60, but I will 
stav here with you until morning. 

Mr. O'Connell. He wants more water. Give it to him. 

The Witness. You need not wait for me; go right ahead. 

Q. That board of strategy that you referred to was composed of Mayor 
Quincy?—A. I think he wiis a member. 

Q. And John F. Fitzgerald?—A. I think he was another member: 

Q. And who else?—A. John A. Kelliher, 

Q. The former Congressman?—A. The 
Clark and John Carr were members. 

Q. Any man that they suggested for office might- 

[Two men are bringing the Ice-water tank into the bar inclosure, near the 


I think, was a member, 
present sheriff. I think 


Peter J. 


witness stand.] 

Q. You are not asking for any delay, are you?—A. Not a particle. 

Mr. O’Connell. He said he wanted water. 

Tlie Witness. I have got it here. 

Q. Have you got disturbed so that you want water?—A. I am not a quitter. 

Q. I did not say you were.—A. I am much obliged to you. 

Q. I want your voice to keep up.—A. It will last as long as yours. 

Q. I hope so. My throat* is bad. Now, as a result of the democracy of Bos- 
ton*^ having such leadership as you have just named, you established what was 
known as the Philippino Democracy in Boston, did you not —A. No; I did not. 

Q. At that time there was what was known as the Philippino Democracy. Is 
that true?—A. I don’t know^ anything about that. He said I established it. 
There were a lot of young men fighting together, and they gave it various 
names. 

Q. Philippino was one of them? 

Mr. Feeney. And Tipcart was one of them. Tipcart democracy. 

A. I don’t know about that. 

Q. This Philippino democracy was composed of your supporters mainly 
throughout the city of Boston?—A. Oh, I would not say that. There were a 
great deal stronger and more brilliant minds than mine associated with the 
movement. There was the Hon. John E. Hayes, Charles I. Quirk, James 



TAGUE VS. FITZGERALD. 


465 


TliHSEFSli «« -' 

of young- men associated together nn’<i nn There were a numner 

leader. They were all assochitod especially was designated as the 

Q. At that tini^t at^D committee. 

Democratic n„ f„“io„ y«^™^^ FitzgeraUI. ami he had the 

of tcard"s^ otec?fol^dm'o™t‘lmt day «'« 

O M?."/?" him?-A. Yes; I siipporte,! him 

that you a^rnoTtte leader"f^^ poim^^l^'d »■»« ««y 

tylmn you told urihrM"fTfg"m'«mm dowlf ym. 

^.pport of ward SV What cfld ;iu mean h ^l“r1' 'oui'^^r’the^hu;" 
He said so himself. Ask him what he meant by it ' '“'‘• 

O Wh'nt'’nm''® •'■""W'-- ' ‘'">1 there, 

n \\ 1 it V '““’<‘‘■*“■'‘“1 by it?—A. He was trying to get my support 

don’t‘think so.®“‘ ^ tbe^support of ward 5, didn’t he?—A. I 

Q. Do yon mean that?—A. Certainly, I mean that 
my^hfe" I "•«« “'-er more serious in 

(}. You cant even keep a straight face when you say it — Y God Ahnic^htv 

'i f'-w'i a^iii^ri: 

Q. Coming back again to Gallivan and Fitzgerald Pitzo’erahl wn<^ o rpo-nioT* 
Znk’nlf'' ■'? biid the Democratic nondna^roir'did"? he^-I 1 

^ legular Democratic nomination in the convention 

Q. And you supported Gallivan in distinction from that’’'—A The ward S 
or^mization supported James A. Gallivan at that time. ^ 

No^sir^^‘*^^ >)ecause you requested the organization to do it?—A. 

Q. You worked at the polls that day against the regular nominee‘s—A I jrot 

aSgi^ecf/or U."’ an<i I /e.?e.- 

at^ilm"'/ollVumf‘dav?'’‘A'’1r‘‘“ f.™«VfFit^^Serald, you worked 
at the polls that day .^—A. Unquestionabl.v, and I am proud of it The 

history of the city will show that I was right. u u ui it. ±ne 

Q. For the Republican nominee, Louis A. Frothingham.—A. Unquestionably 

several times. I showed on that occasiL independ¬ 
ence, and I led the way to a movement in this city that has brought about 
the present situation. 0100^111 about 

goverimienn— A.''iy|°siir’™°'’'^“’ Frothingham because you believed in good 

Mr.^'SNEC wen”'um/—government says about Fitzgerald. 

Q. YVhom you now say you now support.—A. I did not say I supported the 
Good Government Association. That is an entirely different proposition I 

» ?rl^uen«“ “ ^ 

distinction between good government and the 

Good Government Association. 

Q. Let us read- 

Mr. Feeney. I pray your honor’s judgment. 

Q. [Reading:] “ John F. Fitzgerald-” 

122575—19-30 






466 


TAGUE VS. FITZGERALD. 


Mr. Feeney. Pardon me. Is the notary going to admit in this court what 
some private organization or some other person at some time in the absence ot 

Mr. Bhtzgerald said about it? 

Notary INIancovttz. It should not be allowed to go in. 

Mr. Feeney. I object to it. 

Notary Mancovitz. The objection is sustained and Mr. O Connell can save 
Ills exception. 

IMr. O’Connell. Your candidate and client starts out his answer by stat¬ 


ing— 

^Ir. Feeney. Pardon me. 

T^Ir. O’Connell. Don’t get so rude as to interrupt when I am making a state¬ 
ment. It is good policy for one lawyer to wait until the other lawyer stops be¬ 
fore he starts talking. It is the common practice among lawyers, a practice which 
all lawyers indulge in. What I was going to say when you interrupted me was 
this * In the answer which your client filed in this case he allege.s that he is 
an eminent Democrat, that he served three terms as a Member of Congress and 
subsequently was Mayor of Boston, and therefore ran in this district which he 
was not a resident of because several organizations had asked him to, men of 
great affairs had asked him to do so. Now, it would seem as though that in 
itself would justify my question at this time. But above and beyond that, Mr. 
Lomasney in'his testimon|^ this morning brought in the dead and seeks to hide 
behind the dead man. Postmaster Murray, in his excuses for what he has done, 
and certainly when they fetch in the dead, even though it be on this political 
stretcher, at this political funeral of John F. Fitzgerald, it does seem to me that 
we have got a perfect right to find out why this man Lomasney supported John 
F. Fitzgerald at this time, when he opposed him for mayor at that time. 

Notary Mancovitz. At what time do you refer to, Mr. O’Connell? 

Mr. O’Connell. At the time he has testified to. 

Notary Mancovitz. At what time do you mean? 

l\Ir. O’Connell. At the time he M'as supporting Mr. Frothingham. That was 
at the city election, Tuesday, December 12, 1905. 

Notary Mancovitz. I shall rule that that is too remote. 

Mr. O’Connell. I am engaged in cross-examination. 

Notary Mancovitz. You know as well as I know that the question relates 
to a period which is too remote. 

Mr. Feeney. You are assuming that he knows too much. You are right, 
and, of course, he is wrong. 

Q. Do you recall that this Mr. Mancovitz, now sitting as your judge, ordered 
John F. Fitzgerald out of the booth on election day?—A. He is not my judge. 

Q. He is not your judge. He is your slave.—A. That is an insulting remark. 
You ought to know better than that, Mr. O’Connell. If you are a gentleman, 
you know better than to say that. 

Q. Don’t you know that what I have said is true?—A. What is that? 

Q. Didn’t" you tell him to throw Fitzgerald out of the booth on election day, 
and didn’.t he do so?—A. I told him nothing of the kind. 

Mr. Feeney. Pardon me. I object. If my brother, O’Connell, wants to make 
inquiry into the last congressional election he can go ahead and satisfy himself 
to his heart’s content. But he has gone back into the Presho and Jim Gallivan 
and the days of all the rest of those men, as far as he ought to go. 

INIr. O’Connell. I am going further. I shall show how this man attempts to 
dominate the Republican Party, how he regulates and controls their nomina¬ 
tion for Congress, that he can elect a man in or out of the district- 

Mr. Feeney. What are you talking about? 

Mr. O’Connell. And that his czardom has made him boss of the district. 

INIr. Feeney. What are you talking about—czardom? You are the only fel¬ 
low around here that has defended one of the Kaiser’s men. Don’t tell us that 
stuff any more. You are the only lawyer who would defend him. 

Mr. O’Connell. You are getting to be as cowardly as the rest of them. 

Mr. Feeney. Not at all, but the time has come when you ought to get down 
and ask questions relative to this contest. 

Mr. O’Connell. You don’t want me to examine him, do you? It is making 
you writhe a little bit. 

Mr. Feeney. Do you call this an examination? 

Mr. O’Connell. Getting pretty white, aren’t you? 

Mr. Feeney. Good God. 

Mr. O’Connell. Didn’t you say to me a half an hour ago that the bars are 
down ? 


I 




TAGUii VS. FITZGEllALD. 


467 


you should not g(),^in^whielf But there is a limit to which 

ciate what that limit is. ^ ^ lould control. You don’t seem to appre- 

Mr. (rCoNNELL. Every time I get in a little closer_ 

A r' not inside the door. ^ 

tj • ^^t:oNNEnL. \Miy should you trv to keei) me out’ 

A r ^ some ihnf' 

he^isMdiite w^th’i^I-e ’ Oowlf'^' has subsided, and although 

pause.l us see. [Long 

Ml- Fekney. Well, wli.v not let us see? 

.voui- instruu-e ;tal • ^5, 'f P^‘»f l>een .appointed tlu-ough 

Mill you deny that it i.s so?—A. I never heard of the Incident before 

tectArit.^et.M:rSinsr tir aS [l^a'tlllrfer''"'" 
compewnt Ynql,?;;-”''! Vlirask to‘™n^ 

«n^ investigation, namely, ivhat took place at tie pJSHeVand'elStlon "f 

Mr. O'I’oNNEr.L. Do you suppose I am going to confine mv.self to tint oftor 
.vou have opened up the-se other points? ^ iiij.seir to that, attei 

Notar.v M-\ncovitz. I iiave not opened tiiem up 

dou-n, lidTim ilrlZd’llerp''sdl;‘ ""• 

Noting M-vncovitz. It you will be a gentleman- 

Air. h EENEY. AA'ell, let liim go ahead. 

Notary AIancovitz. Air. O’Connell_ 

"nt a skin as thick ns that old hoard. Go ahead. 
..Ii. O Connell. Vou know what Shakespeare said 

Q. Now, Fitzgeradd was not good enougli for you at tliat times to support 
foi mayor, was he?—I voted against him, sir; and I fouglit liiin. 

Subsequently you supported 1dm for mayor, didn’t vou?—A Certainly 
I have a right to change my mind, although fools never do ‘ ' 

change the whole ward at that time?—A. I did not change the 


have been on election day, 
I always follow the ward. 


the^ whole 
The ward 


Q. Isn’t it a fact, that wherever you 
ward usually follows you?—A. No, kr ; 
doesn’t follow me. [Laughter.] 

Air O’Connell (to the stenographer). AVill you lie good enough to note great 
laughter at that reply by Air. Lomasney? 

NAitary AIancovitz. Air. Stenographer, you will note what the witness savs 
and the questions asked, and no notice will he taken of demonstrations in the 
room hy outsiders for whom we are not responsible. 

Air. O’Connell. It was so apparent that what he said was not the truth 
that It brought forth a great shout of derision from everyone present. 

Q. The following two years you supported Fitzgerald,' didn’t vou?—A. If it 
was two years after that he ran. 


(}. At that time the Good Government said of him as follow.s-A. I don’t 

take any stock in the Good Government people at all. So don’t try to hold me 
to that. 

Q. Aly question to you, sir, is this: Did you not support him two years later 
in spite of the fact that the Good Government Association said of hiin_ 

Air. Feeney. Pardon me. 

Q. (Continuing.) “His administration as mayor”- 

Air. Feeney. Pardon me. 

Q. (Continuing). “Is the city’s disgrace”- 

Air. Feeney. Pardon me. 

Q. (Continuing.) “His election again would he an approval of the practices 
and the misgovernment disclosed in that administration. Fair campaign 
promises he will repudiate as before. AVe believe him to he politically dTs- 
honest, with no regard for the city’s interests, save as they may serve his own 
advantage. An active enemy of clean and honest government, we most strongly 
urge his defeat.” In spite of that jmu supported him as leader of ward 5, 









468 


TAGUE VS. FITZGEKALD. 


carried the ward for him at that election, didn’t you?—A. Mr. O’Connell, you 
make one statement. Don’t put four or five questions into one question. Make 
one question, and ask it, and I will answer it; hut T will not make an answer 
to a question that is not capable of an answer. 

Q. Don’t you want to answer that question?—A. You repeat the question and^ 
make a proper statement, and put one question by itself, and I will answer it. 

Q. Don’t you want to answer the question?—A. You repeat the question and 
make the question capable of answering it “ yes ” or “ no,” and I will answ^er 
it and give you my reasons. 

Q. You understood the question, didn’t you?—A. I found three or four ques¬ 
tions. 

Mr. O’Connell. Mr. Edgecomb, will you please read that question? 

Mr. Feeney. Let your own stenographer read it. 

Mr. O’Connell. If my stenographer is better than yours. Now, Miss Cole^ 
if you will read it. 

The Witness. I think it makes three or four questions. The form is objec¬ 
tionable. 

Q. All right, I will ask the question again. Although you had supported 
Frothingham for mayor in 1905, on the ground that good government—that it 
was for the best interests of good government—nevertheless in 1907 did you not 
support that same John F. Fitzgerald after the Good Government people of 
Boston had said of him: 

“ His administration as mayor is the city’s disgrace.” 

Mr. Feeney. Pardon me. Good government of what? You mean the Good 
Government Association? 

Mr. O’Connell. Let me ask the question. 

Mr. Feeney. You don’t want to confuse- 

Mr. O’Connell. Are you so afraid? 

Mr. Feeney. Not in the least. 

Mr. O’Connell. You act very nervous. 

Mr. Feeney. Not in the least bit nervous. 

Mr. O’Connell. Then, won’t you sit down? 

Mr. Feeney. I am willing you should read it if you will say that it comes- 
from the Good Government Association. 

Mr. O’Connell. You know who it comes from. 

Mr. Feeney. Y'ou bet I do. 

Mr. O’Connell. I will ask the question again. 

Q. Although you had supported Mr. Frothingham against John F. Fitzgerald 
for mayor in 1905, did you not support that same John F. Fitzgerald in 1907, 
although the Good Government people of Boston had said of him the following: 

“ His administration as mayor is the city’s disgrace, his election again would 
be the approval of the practices and misgovernment disclosed in that adminis¬ 
tration. Fair campaign promises he will repudiate as before. We believe him 
to be politically dishonest, with no regard for the city’s interests, save as they 
may serve his own advantage. An active enemy of clean and honest govern¬ 
ment. we most strongly urge his defeat.” 

Didn’t you support him in spite of that?—A. Unquestionably—and so did 
you. [Laughter.] 

Mr. Feeney. I guess my brother was his manager, too. 

Mr. O’Connell. Guess again. 

Mr. Feeney. You were his private secretary., .John F.’s private secretary. 

Q. Now, then, you said that Tague had enough in Congress when he had two 
terms. In spite of that you wanted to give Fitzgerald, who lived outside the 
district, a fourth term by electing him instead of Tague, didn’t you?—A. Do- 
you mean four terms in Congress? 

Q. Yes.—A. I voted for him and worked in favor of him this last time,.cer¬ 
tainly. 

Q. In other words, three terms you would not allow to Tague-A. Oh, the 

men. There was no comparison in men. One a cheap small little fellow, and 
the other larger. 

Q. Who do you mean is larger?—A. I mean Peter Tague was a peanut poli¬ 
tician. The other fellow had grown. 

Q. Do you mean that Fitzgerald had acquired more money?—A. Had ac¬ 
quired experience; he had acquired experience; he had grown; he had broad¬ 
ened ; he had traveled; he took a different viewpoint. He had imagination 
he had capacity; he had courage. 




TAGUE VS. FITZGERALD. 


469 



suDDort- him T a>ick out any man and 

‘"Q’whTio 

If he had nichecl '^oiild it have met with your approval?—A. 

I would have been glad to suppyt'hhncapable and competent, 

a 4mrThPn"'^''T?“T~^- individual, 

agreed on him m ^^otten your organization?—A. If they had 

I «n.hi’ i’';,on'’t'‘l«Knf;i;^fT"’' "?/!'* I '™»I<1 h«ve done the best 

you,' Wit“o4oin(dl!‘'‘TGreat lauid'lterj '''^'' T*’**-'' a‘'e laugliing at 

those"gStlemen *‘l‘wkd! H?»‘’ '''‘'"-y-'y-'^- Pardon me. I am not responsible for 
^ e ^onriemen. l \M.sh they would keep quiet. 

me^’a ven^ re^ iPie. They don’t seem to 

the witnesses sunun mil tr And among them I notice many of 

mittiiicr ^ > nmmoned to appear here during the time that Mr Ta«-ue was 

at Si. Are they here-A. Pardon me. I don’t see them here 

o' oY'rfo‘ht’''“'i "f'®, ‘‘'“re.—A. Tlien pick them out. 

Q T1 ev areTm-e '? "v ‘>'P- ’"'I'.V «lon't .you pick tliem out? 

n ml' made the assertion; now pick them out 

Q. Please answer this question- 

Lomasney. . 

IJ. U ill you answer this (piestion. How is it tliat these men won’t com<^ 

insult. N‘im^isYn Yfs“tK;S.‘‘ 

Q. po you know a man by the name of .John \V. Beattv?—A. Yes ^ir• see if 

tj ^ flm hall? 

y. He IS a partner of yours in a husine s enterprise? — A. are stockhold- 

eis in the same concern. We are no partners. 

abm'it'it" Iiearing?—A. I don’t know anything 

Q. He was here in this court room with vou last Friday‘S—A Yes Hr 
g. Although he was summoned and did not appear during the trial? 
xAlr. h EENPjY. There is no evidence of that. 

did^not ^ ^ ^ wife also was summoned, and she 

Mr. Feenpiy. There is not a particle of evidence of that. 

IMr. O’lJoNNELL. And he is probably out in that crowd* [indicating group of 
people who are unable to get into the court room]. 

A. You have made the assertion. 'Why don’t you pick him out? 

Q. I don’t have to.—A. Then withdraw the assertion. 

Q. Do you know why he was here Friday with you, and was not here when 
he wms summoned to appear?—A. Mr. O’Connell, I have enough to do to take 
care of myself. 

Q. How' many times have you been in consultation with him, with this same 
man Beatty, since this hearing started February 17?—A. Mr. O’Connell vou 
know better than to ask that question. ’ " 

Q. Ho^v many times?—A. I suppose I have talked with Mr. Beattv two or 
three times a \veek. 

Q. And you knew during that time that he had been summoned to be a wit¬ 
ness here?—A. I knew nothing of the kind. I know nothing about it. 

Q. Y"ou know that .John F. Beatty is a stockholder and a director of the 
Beatty Construction Co.?—A. Yes, sir. 

Q. And you are also a stockholder in it?—A. Y"es, sir. 

Q. And you are the principal stockholder in it?—A. I think I may be. 




470 


TAGUE VS. FITZGEEALD. 


I 


Q. In other words, yon are the Beatty Construction Co.?—A. No, sir; I am 
not. 

Q. You know that INIr. Beatty lives out at 1402 Commonwealth Avenue?—A. 

I don’t know anything about it. 

Q. You don’t know where your associate sleeps?—A. No, sir; I don’t chase 
around hunting him up. 

Q. You know that he is married, don’t you?—A. I understood so, but I 
never saw the lady and spoke to her in my life. 

Q. He has told you that his wife’s name was Dr. Mary Moore, hasn’t he?— 
A. I don’t like to discuss a man’s wife’s affairs. 

Q. He told you that, didn’t he?-—A. That is all a matter of common knowl¬ 
edge. But I don’t want to discuss his personal affairs. Why don’t you fight 
men, and not women? 

Q. Don’t you know, Mr. Lomasney, that Mr. Beatty lives with his wife at 
No. 1402 Commonwealth xAvenue, iVllston?—A. I told you I never knew Airs. 
Beatty, that I never met the lady, and did not know where they lived. 

Q. Didn’t Beatty tell you that he and his wife were both summoned to ap¬ 
pear here at this hearing?-—A. No, sir. 

Q. He never told you that, although you saw him two or three times each 
week, did he?—A. No, sir. 

Q. Now, let us come back a few questions. You stated that you would try 
to get the orgaidzation to support Air. Tague’s candidate. I want to ask you 
when the Hendricks Club was formed?—xA. I think the organization started in 
1885. 

Q. Who were the officers Avhen it started? 

Air. Pp:eney. Wait a minute, please. I object to that question, “ Who were 
the officers when it started?” 

Notary AIancovitz. That is a matter of record in the statehouse, I suppose. 

Air. Feeney. Is it of any consequence here? 

Notary ALvncovitz. I rule thrt out. 

Q. Is the Hendricks Club an incoi-porated club?—A. The Hendricks Club, I 
tliink, was organized in 1885. It was incorporated around 1900—or around 
about that time. 

Q. Who were the incorporators?—A. I don’t know. I am not one of them, but 
their names are all down there on the charter. I am not one of them myself. 

Q. Afini are a member of it, aren’t you?—A. Yes, sir. 

Q. Who is president of it?—xA. At the present time? 

Q. A^es, sir.—A. Aly brother. 

Q. What is his name?—xA. .Toseph B. Lomasney. 

Q. Who is the treasurer of it?—-xA. I am the treasurer. [Laughter.] 

Q. Who is the boss?—iA. We have no boss. 

Q. Are you the man tlmt collects the dues?—xA. No, sir. 

Q. AVho does collect the dues?—A. There is a financial secretary, or some 
such officer. 

Q. AVho is he?—A. I think it is Air. Barry. 

Q. Give me is name.—A. Alichael P. Barry. 

Q. AATiat is his address?—. I think he lives around Staniford, or South 
Alargin Street, or some of those streets. 

Q. Give us the number.—A. I could not. 

Q. AATiere does he work?—A. He is a clerk or an inspector for the city. 

Q. Whereabouts is he employed for the city?—A. In the North End Yard. 

Q. In the paving yard or the-xA. Y^es; in the paving yard. 

Q. AATio are the directors of the organization?—A. I am one of them. 

Q. Who are the others?—A. The president, the vice president, the secretary, 
and the treasurer are members. Then there are several other members. 

Q. AATiere do you keep the funds of the organization?—xA. I keep the funds of 
the organization. [Laughter.] 

Q. You mean you keep them in your own pocket?—A. I keep them always 
under control. 

Q. Do you make all collections for the club?—xA. I get turned over to me 
the collections, and I give a receipt for them. 

Q. Did you make any account of the collections made by you last year and 
spent by you ?—A. What collections do you mean ? 

Q. Political collections.—A. I made no political collections. This is assess¬ 
ments collections that I am speaking of. 

Q. How much do you assess the members?—A. They pay a dollar a month 
every month. 



TAGUE VS. FITZGEKALD. 471 

Q. And they pay it to yon?—A. No; they don’t pay it to me. They pay it 
to the financial secretary or whatever he is. 

Q. Don t yon keep a i)ank account?—A. No; I do not. I guess there is $13 
over in the Five-Cent Savings Bank. 

Q. Who has the list of that organization?—A. I guess it is down there in the 
cl n broom. 

Q. W ho made up that list?—A. The men who come in- 

Q. What is it made up of?—A. A man is proposed in the usual form. His 
name is referred to the hoard of directors. It is acted upon and his name is 
put on the roll of members. Then he pays his membership fee of $1 a month. 

Q. Is Mr. IVIancovitz a member?—A. Yes; I think he is. 

Mr. Fekney. Wait a minute. 

Mr. O’Connell. Mr. Feeney wants water now. Mr. Lomasney says that INIr. 
Mancovitz is a member of the club also. 

Q. Wdio calls that organization together?—A. The president of the organiza¬ 
tion. 

Q. It is called together the Sunday before election, is it not?—A. Oh, no; 
that is not the organization at all. That is the people. 

Q. The people?—A. Yes, sir. 

Q. The people are called together on Sunday afternoon?—A. Unquestionably. 

Q. To take notice of and be informed of whom you have decided to sup¬ 
port?—A. They are called together on Sunday afternoon to go into'the question 
of who they shall support and work for and indorse among the candidates, and 
that has been done for many years. 

Q. And the form in which that is done is as follows: They gather there in 
the ofiice and wait around a little while, and then you come out and tell them 
what you want done?—A. No, sir. 

Q. That is the way it is done, isn’t it?—A. No, sir. 

Q. You told them on the Sunday afternoon prior to that last election day at 
which ]Mr. Tague was an independent candidate, that you wanted them to defeat 
I’ague?—A. I perhaps have said—I don't know what I said—but I was one 
of a few that addressed them on that afternoon, and I recommended his defeat. 

Q. And you urged them very strongly to defeat him?—A. In the interest of 
the district and of the city, I urged them to defeat him. 

Q. You urged them to do your will?—A. I urged them to stand by John F. 
Fitzgerald, the regular Demcratic nominee for Congress in that district 

Q. But you had not urged them to stand by John F. Fitzgerald when he was 
the regular Democratic nominee for mayor.—A. That is my right, to change 
my mind as I pleased. Only a fool does not change his mind. 

Q. Then you, as a Democratic leader-^A. I am not a Democratic leader. 

Q. Then, what are you?—A. I am a plain 6 o’clock Democratic. 

Q. How long has your brother Joe been president of that organization, the 
Hendricks Club?—A. I think he has been president of the organization—there 
was one year when the president of the organization died, and then there was 
a man in between for a year, and then I think my brother .Toe took it. 

Q. How long has he been president of the organization?—A. Ten or twelve 
years. I would not say exactly. 

Q. So that for the last 10 or 12 years your brother Joe has been president 
of the Hendricks Club, and you have been the treasurer?—A. Yes. 

Q. As a matter of fact, you and your brother Joe are the whole story down 
there, aren’t you?—A. No; not by any means. 

Q. How long have you been treasurer?—A. I could not state. Ten or twelve 
years, but I could not say exactly. 

Q In other words, you believe that the organization ought to be in your 
hands and the hands of your brother Joe?—A. No, sir; nothing of the kind. 
I don’t want to be personal at all, but you have had organizations younself 
and you know the relationship which existed between you and your brother 
Dan. You want to feel the same in this thing. This is a political fight and 
whatever von want to say, say it- 

Q. Are you offended-A. No; I am not offended at anything you can say. 

q'. Are you offended because I bring out the fact of your brother Joe being 
president of the Hendricks Club?—A. No; not a bit. 

Q. Does it hurt your feelings?—A. Not a bit. But I would sooner you would 
kick me in the stomach than say anything about my brother, and you would 
feel the same way as to your brother. 

Q. If I bring out the fact that your brother-A. That is all right; go 

ahead. 







472 


TAGUE VS. FITZGERALD. 


Q. If I bring out the fact that your brother is president of the Hendricks 
Club, why should you be offended at it?—A. He is not actively interested in 
politics. I will take all the blame of this matter if you want to blame some¬ 
body, and I am willing to go through with it. 

Q. All right. If your brother Joe is not interested in politics, will you 
please tell the people of Boston what he is interested in?—A I am not discuss¬ 
ing that at all. 

Q. You said he was not interested in politics.—A. All your contention is, 
and those who are associated with you, that I done this and I done that. Now, 
I am here. Prove it. 

Q. Well, you have opposed David I. Walsh?—A. No sir. 

Q. Have you not?—A. No, sir. 

And you stated publicly that you never would support him?—A. I sup¬ 
ported David I. Walsh every time he was a candidate for public office. 

Q. Isn’t the only reason why you supported him at the last election for 
United States Senator the fact that you had to invoke the name of David 
I. Walsh in order to carry through John F. Fitzgerald’s election?—A. David 
I. Walsh was never of any consequence to me in my life. I have my opinion -of 
David I. Walsh and I have stated it publicly. I supported him for Senatoi* 
because he personally told me that if he was elected to the United States Sen¬ 
ate, he would stand on the floor of the United States Senate and stand up for 
Ireland getting its independence. And I said, “ If that is so, I am with you.” 

' And I have done all I could for him. 

Q. Before that you criticized him.—A. I have criticized him on the floor 
of the legislature; I have criticized him as a member of the constitutional 
convention. I criticized him for certain things he did, but that is all. 

Q. And if it was not for the tremendous contest that Mr. Tague waged for 
Congress, and the agitation which threatened to defeat your candidate, John 
F. Fitzgerald, you and your men would never have supported Mr. Walsh, would 
you?—A. That is one of your dreams. 

Q. Didn’t you make that statement many times?—A. No, sir. 

Q. Didn’t you make that statement last summer many times?—A. No, sir. 

Q. Don't you recall what you snid around the constitutional convention, 
that you and your organization would never support him?—xV I never made 
that statement. Have I ever made that statement to you? 

Q. You are not examining me.—A. Did I ever make that statement to you? 

Q. You can not examine me. You, without question, INIr. Lomasney, are 
the political boss of that part of the city formerly known as ward 8, now 
known as ward 5, aren’t you? 

INIr. Feeney. Pardon me. 

A. No; I am not. There is no boss there. 

IMr. Feeney. Pardon me. If you want to ask me that same question fifty more 
times, why don’t you do it all now and have it over with? 

jMr. O’Connell. Now, Johnnie, sit down. 

IMr. Feeney. You have for fifty times been harping on this “ boss ” business 
and this “czar” l)usiness. Why not wind it all up? 

Q. Isn’t it a fact that you have l)een cartooned and pictured and featured 
in all the Boston and New England papers as the czar of ward 8 with a little 
crown on your head? Isn’t that true?—A. I guess the papers wanted to make 
some money, and they used me as a mark. 

(^). And you have protested against such things, have you not?—A. I never 
protest against the papers. I let them go ahead. 

Q. Did it meet your approval, to have your picture with a crown on your 
head?—A. I recognize the fact that it is no use kicking against the newspa¬ 
pers. If yf)u deny anything they would make your denial look worse than the 
first statements. 

You don’t mean by that that the newspapers will tell an untruth about 
you?—A. If the newspapers make a statement of fact or put something in the 
paper and you try to deny it, they make big headlines of it on the front page 
in what they say against you, but they put the denials down in the death 
column, where the dead men are, and where nobody sees it. LLaughter.] 

Q. I ask you if you have ever protested at any time to any of the newspapers 

of Boston in the last 20 years-A. Yes; I made on protest in the Storrow- 

Fitzgerald fight. I thought they went pretty far, and I made them apologize; 
and the man who made this charge of illegal registration apologized and quit 
on it, and so I did not bother any further. 




TAGUE VS. FITZGERALD. 


473 


against anything that 

yon, as sitting in the 
know what the news- 


been, s ttins in tbe Hironl rr,e™ It'' as you b.ave 

sceptei- o( row^- i f VO r P™'"''’ S'"" >'•«> «'« 

ever protes'ted againl"Lueh"‘ hh i' Z-efp^t.^st """ 

the papers say about me. Piotest 

Q. And yon have been featured in that wav, haven’t 
none room with yonr regal robes about von?—A Yon 
papers have done as well as I do 

the u* of asking? \Yhat is the use of talking-)' couise you do. Wbat is 

p.•ot.^ed^o^,;:ylfdy^^^b‘^“L^:'not‘^ p'-- 

Q. In other words, you have been willing that the peonle of vonr 
havm^^^vof. TtT" featnred ^s 

icueiit jon A. I have not had anything to do with it. When I was comin<r 

posed 'ii/^^l^-lif";.?-'' - to pose, and I said, ‘‘I ani'nr’pL:;? I~ 

Hemlricl''s Sive us a description of the throne room inside the 

±imidiicks Clnh.—A. Ion were there yourself. Yon know it. [Laughter 1 

I am not asking yon for my information. I am asking von for the benefit 
of Congress to de^scribe that throne rooni.-A. We have no throne room 
n* Tha I was there.—A. I said yon were in the room there. 

Q. Then describe the throne rooni.^A. It is not a throne room It is iiiv 

olhce my plain, ordinary, everyday office, and I_ 

Q. Where is it with reference to'the Hendricks Club*? 

Mr Feeney. Let him describe it. I have been there too 
A. 1 here IS a whole floor there at 11-A Green Street. One part of it is nsed 
to have nieetings in—the Knights of Columbus, the Foresters the 
organizations; and then there is’a hall, and on one 
side of the hall I have a side room that I nse for an office. It niav be from 

UndiJatlnns'fcrtf'' feet] and as far as you are 

V ^nore than 12 by 12. I will show yon 

longhlv. From here to here [indicating difference from outside wall of court¬ 
room to the nearest end of the .indge’s 
witness stand] to a foot behind the rail. 

Q. That would be abont 12 by 14?—A. 

Q. Where do yon keep the archives? 
yon mean by the archives? 

Q. Yon know what I mean.—A. Please describe the archives. 

Q. I mean by that, sir, the papers, the scrapbooks, and the other M^orks of 


- V »» \ri_ v^y^LiiL- 

bench]. And from the wall [back of 


I wonld not say. 
[Laughter and uproar 


]—A. What do 


do yon keep them?—• 


inforniation that yon referred to this morning. Where 
A. We have a small place which we call the library. 

Q. Where do yon keep the “red book”?—A. The what? 

Q. Where do yon keep yonr “ red book ”?—A. What red book? 

Q. The “ red book ” that yon claim that yon have got all the private infor¬ 
niation abont people in.—A. I never heard of a “ red book.” That is another 
one of yonr dreams. 

Q. Wliere do yon keep yonr book of private particulars in reference to 
litical matters?—A. We have a scrapbook there that we paste it in jnst as 
papers come ont. 

Q. lYin know yon are not answering my question. Where do yon keep 
book which has the small particulars abont various men in public life?—A. 
have no such book. 

Q. Where is the book which yon have shown various men, in which yon have 
made notations abont so-and-so?—A. I have not shown any man sncli a book. 

Q. Do yon remember pulling that book ont and saying, “ I have got a state¬ 
ment in this little red book of everytbing I have done for any man as long as 
I was in politics, and I can call on them to do what I want as* a resnlt of being 
able to flash on them this book”?—A. I have never made such a statement. I 
have been on this thing for a good many years, and to put all those things in 
such a book wonld make a pretty big book. I have no such book, and somebody 
has been fooling yon. 


po- 

the 

the 

We 



474 


TAGUE VS. FITZGERALD. 


Q. Where do you keep your record of contributions received by your club?— 
A. We have no record of contributions except assessments. 

Q. Have you a record of them?—A. Certainly; I am the treasurer. 

Q. And have you kept a book?—A. I have a book. 

Q. Where is that book kept?—A. Kept in my safe. 

Q. Then, you have a safe down in your throne room?—A. Certainly. It is 
not a throne room, but an office. 

Q. Who has the combination to the safe?—A. I have the combination. 

Q. Anybody else?—A. I don’t think so. 

Q. In other words, you are the whole story, so far as the welfare of that club- 
is concerned?—A. No, sir; I am not. If I died to-morrow the club would live. 

Q. How long do you think the club would live if you died?—A. It would live,, 
all right, because there are men behind that organization, or in that organiza¬ 
tion, who are ten times more experienced and more brains than I have. 

Q. Can you mention the names of anybody in that organization who has 
more brains than you have?—A. Yes, sir; I don’t want to mention names, but 
there are plenty of them. 

Q. When anvbody wants the votes of ward 5 they can come down and see 
you?—A. No;'l would not say that. If anyone wants to see me they -can 

come down. ^ , 

Q. Where do they go?—A. I am there from 9 in the morning until 1 o clock 

the next morning, except when I go out to eat. 

Q. And there you can talk politics with them?—A. Yes, sir. 

Q. And in that throne room, so-called?—A. There is no throne room. It is 
the private office, where you and Fitzgerald sat down and had this talk. 

Mr. Feeney. What Fitzgerald is that? 

The Witness. .John F. Fitzgerald. 

A. [Resumed.] It was the time you went down and tried to trim him. It 
was a question of coming between you. [Laughter.] 

Q. Describe the rest of the clubroom. Describe the rest of the premises. ■ 
A. There is a front hall as you go in the door, and then in back there is a 
billiard hnll, and in back another smaller hall. Four or bve rooms, and besides 
that the hall where they have these Hibernian and different organization 

Q. Mffio owns that building?—A. I don’t know. I pay rent for it. 

Q. Who do you pay rent to?—A. We used to pay it to F. C. Welch; but I 
think he is dead, and we pay it now to C. W. Whittier. 

Q. How frequently are assessments levied in that club?—A. Not more than 
$1 a month. We never levy any assessments besides the regular requirement of 
$1 a month, and that is paid. We have never run dances. We have a good 
treasury all the time, and we never went bankrupt. 

Q. Is the orgMiiization confined to Democrats living in ward 5?—A. No; it 
is not. Any respectable man wbo comes in there can join. We are organized, 
you know, for social welfare, and charitable work. 

Q. Is Hammond T. Fletcher, the Republican nominee for Congress in that 
district, a member of your organization?—A. No, sir. 

Q. He is around there quite often?—A. He comes there possibly twice a year. 

Q. He comes around quite often?—A. If he wants to see me he comes in 
like vou or any other gentleman. 

Q.^He goes in and out of your office as he pleases?—A. He sees me the same 
as you do. 

Q. The Republican nominee came to see you several times this last fall?—A. 1 
don’t know. 

Q. Several times?—A. He may have. 

Q. Is there any reason why he should have held anything in common, between 
him, the Republican nominee in that district, and you, the leader of the organi¬ 
zation?—A. Can’t a man speak to a man if he meets him, because he is a candi¬ 
date of another party? 

Q. AVill you answer my question?—A. Of course, there is no reason why I 
should not speak to him. 

Q. You say you are a “ plain 6 o’clock Democrat ” ?—A. Yes, sir. 

Q. How many years were you a member of the board of aldermen? A. Six 
vears I was there. 

Q. How many years were you a member of the bouse of representatives?—A. 
I think 12 or 13, but I would not be sure. You count them up. 

Q. How many years were you a member of the Massachusetts Senate?—A. I 
was, for two years. 


TAGUE VS. FITZGERALD. 475 

Q. And for two years yon have been a member of the Constitutional Conven¬ 
tion?—A. Yes, sir. 

Q. In other words, from 1893 down to the present time, you have been most 
of the time an officeholder?—A. I have been for that number of years a member 
of the different bodies you have stated. 

Q. And .to each one of them you have been elected as a Democrat?—A. To 
each one of them I was elected as a Democrat by the people of that locality, or 
city, or the district. 

Q. And during that time your brother Joe was a member of the common coun¬ 
cil, was he not?—A. Yes, sir. 

(}. And also a member of the house of representatives?—A. Yes, sir. 

Q. How many years?—A. I would not be sure; four or live or six; I don’t 
know. 

Q. And how many years a member of the INIassachusetts Senate?—A. Three 
years, I think. 

Q. And then, when he was not holding office as a member of the house or 
senate he has been acting as an officeholder of the city of Boston, being superin¬ 
tendent of bridges for a number of years. That is true, isn’t it?—A. He was 
deputy superintendent of bridges. I think he was a deputy under the super¬ 
intendent of streets, in charge of the bridge department. 

Q. After getting out of the Massachusetts Senate in 1912, he has since then 
been a member and chairman of the schoolhouse commission of the city of Bos¬ 
ton?—^A. He was a member of the schoolhouse commission of the city of Boston 
for several years. 

Q. And he is now the chairman of the schoolhouse commission-for the city of 
Boston?—A. Yes, sir. 

Q. So that you as treasurer of the Hendricks Club, and your brother as presi¬ 
dent of the Hendricks Club for the last 25 years, have held political offices, all 
of which you secured under Democratic nominations?—A. Certainly. 

'Q. And his appointments to office as superintendent of bridges and as school- 
liouse commissioner have been made by Democratic mayors?—A. Certainly. 

Q. Now, you dictate who the nominees are for the legislature in your ward, 
don’t you?—A. No, sir. 

Q. The men whom you have supported have always been elected ?—A. The man 
whom the organization supports generally wins. 

Q. Won’t you answer my question?—The men whom you have supported gen¬ 
erally win?—A. The men whom the organization supported. 

Q.'Whether Republican or Democratic?—A. We don’t support Republicans. 

Q. Didn’t you support Republicans whom I have mentioned?—A. Certainly; 
but that was years and years ago. 

Q. No man has been allowed to win in that district who has not had your sup- 
poi-t ?—A. No man has ever been allowed to win in that district who did not have 
votes enough. 

Q. And he could not get votes enough without your support, to defeat anybody 
—A. I don’t know anything about that. I know I generally voted for the 

winning man. , ... 

Q. In other words, your sign of approval on a man meant that the organization 

would support him?^—A. No, sir. _ 

Q. Has the organization which you mention ever disagreed with you on any 
man whom you had chosen, so that the disagreement went to the polls?— 
A. Yes, sir. 

Q. AYho is the man? 

Mr. Feeney. I object. I think we have gone far enough. I object to that 
question, Mr. Notary, and ask for a ruling. 

Notary Mancovitz. The question- 

Mr. O’Connell. What is the matter about the bars? Are you putting them 

^^Mi?^fVeney. I want to get through. You won’t get through until the 1st 
of July, when they are going to shut up the bars for keeps. 

Mr. O’Connell. That is a poor joke. You are getting groggy. 

Mr. Feeney. You are getting groggy. 

Mr. O’Connell. Your statement of it does not make it so. 

Q. Now, as a man that you have supported on election or primary day 
in your ward has carried the ward, has he not?—A. I have no ward, sir. 

Q. Well, you are bandying words with me now.—A. No, sir; I am stating 
facts. Ask a proper question. 



476 


TAGUE VS. FITZGERALD. 


Q. Every man whom you have supported in ward 8, of the present ward 5, 
has always carried that ward?—A. There is some question whether Dorr or 
Gallivan carried the ward. I don’t know. But outside of that, I think that 
is so. 

Q. How many years back did that go?—A. I don’t know. 

Q. It goes back for 30 years, doesn’t it?—A. I don’t know how many years. 

Q. It goes hack to the time when the Hendricks Club was formed, doesn’t 
it?—A. Oh, no, no, no. 

Q. How many years ago was the Hendricks Club formed?—A. You see, 
we were formed in 1885, and of course that is 33 years. I have a pretty good 
memory, but it is pretty hard for me without going over the book to be sure 
of a case so that I don’t want to give assent to what you say. 

Q. You said Harry Atwood was elected in 1888?—A. We supported him two 
years and then we were against him. 

Q. And outside of that no man has ever failed of election?—A. I don’t think 
any man has been elected—that any man who has the Democratic city com¬ 
mittee has failed to be elected. 

Q. Whether Republican or Democratic?—A. There is no chance now for a 
Republican. That year you speak about was the Bryan year, was the last year, 
and they have had no chance since. 

Q. And if a man wants to run on a Republican nomination you can switch 
that ward any way you want to?—A. I can not do anything of the kind. The 
people switch that ward any way they want to, not the way I want to. 

Q. What business are you in?—A. I am in the real estate business. 

Q. Where?—=A. In my office. 

Q. In the throne room?—A. No; at my office, 11a Green Street. It is a 
modest office; it is no throne room. 

Q. In what was described here as the throne room?—A. What you described. 

Q. That is your place of business?—A. Yes, sir. 

Q. How long have you been in that business?—A. Since 1883, when I quit 
the board of health. I immediately went into the real estate business. 

Q. Outside of that real estate business, your business is public affairs?— 
A. No, sir; I have stock in corporations. 

Q. Public affairs?—A. I take an interest in public affairs. 

Q. Are you a big stockholder?—A. I own stock in certain corporations. 

Q. Public-service corporations?—A. No, sir. 

Q. You are able to live as a result of your investments in stocks?—A. I am 
able to live as the result of my labor. 

Q. You don’t labor as a stockholder?—A. I have to watch the stockholders’ 
proceedings to see that I get dividends. 

Q. Isn’t it a fact that from 9 a. m. to 1 a. m. of the next morning you are 
playing politics ? 

Notary Mancovitz. Pardon me. I don’t think that is fair. 

Q. Isn’t that what you said? Didnt’ you say that?—^A. I said that part of 
the day I am down there, and anyone that comes in can seem me if they want to. 

Q. What part of the day do you devote to business?—A. I devote all of the 
day to business. 

Q. And what part of the day do you devote to politics?—A. I devote part 
of the night to politics and part to business. I am not finding fault with myself. 

Q. You don’t mean to tell us you are devoting yourself to business until 1 
a. m.?—A. I might say that that is one of the times. You and I as business 
men know that one place we are business men, another place we are lawyers, 
and another place we are interested in politics. 

Q. I suppose you are also a large holder of real estate?—A. A few parcels* 
yes, sir, ’ 

Q. And you have to take care of your real estate holdings yourself, I sup¬ 
pose?—A. Yes, sir. 

Q. Are they large?—A. They are modest; pretty modest. 

Q. You are pretty much interested in the contracting business?—A. No; I am 
a stockholder, as I told you, in the Beatty Construction Co. and I am half 
owner of a ledge that I have leased. That is all I have in corporations. I own 
stock in some trust companies. 

Q. Are you interested in the Kiley Co.?—A. Not a particle. I know the 
man- 

Q. Being interested in this contracting company, naturally you have to spend 
a good deal of time in getting contracts from the various municipalities of the 





TAGUE VS. FITZGERALD. 


477 


state for the Beatty Construction Co,?—A. I never mixed In it; In that part of 
It, at all. Me is the practical man. It is up to him 

Q. Who is? Peter?—A. Yes, sir. 

Q. He is the practical man?—A. He is the head of the concern and runs the 
corporation. 

Q. And you are the largest stockholder?—A. I am. 

Q. And the principal stockholder?—A. I am one of them. 

Q. And the others in it are simply figureheads ?—A. No ;* there are no figure- 
heads. I am in there with him, and it is a substantial corporation. 

Q. How substantial is it? A. Go and look it up and you will find out. 

Q. I am asking you.—^A. I think we can get 100 cents on the dollar if we 
wanted to borrow money. 

Q. To what extent can you get 100 cents on the dollar?—A. We can get it in 
any bank, I think. ^ 

said it was substantial. Tell us what you mean by the word “ sub¬ 
stantial. —A. I mean that its credit is good. 

Q. Give us what it means in the total amount.—A. What do you mean bv 
the total amount? 

Q. You say it is a substantial organization. What is its capital?—A. It has 
a capital of .$6,000, and I think we have $20,000 in assets. That is $34 000 to 
the good, and I think that is a pretty substantial concern. 

Q. Do you own ledges ?—A. I do ; yes. 

Q. Is that an asset of the Beatty Construction Co.?—A. No* that is a nrivate 
ownership, and I lease it. 


Q. Now, not only as boss of ward 5, but as a dictator of the Democratic 
Party throughout the city, you have been extremely active?—A. I am neither 
a boss nor a dictator, and I object to the term. 

Q. Do you recall the time that you foisted Donald ,J. Kiley on the city of 
Boston as president of the common council, when you did not even have a ma- 
.lority of the council to vote for him?—A. I never foisted him. Never foisted 
him or anyone. 

Q. Didn’t you buy the Republican nomination for Donald J. Kiley?_A I 

never bought a nomination for anybody. 

Q. Didn’t you carry him through to the president of the common council 
when he did not have votes enough to get a majority; and didn’t vou partici¬ 
pate in his usurpation of the presidency of that body to the scandal of Bos¬ 
ton?—A. I did not. 

Q. Were you not up there is the city council chamber at the time that that 
usurpation was accomplished?—A. I was in an adjoining entry when he was a 
candidate. 

Q. And you were managing his fight in that affair and you guided and di¬ 
rected him to seize the gavel?—A. I did not. 

Q. You were right there.—A. I was not. 

Q. You said you were in the entry room.—A. I was in the little entry. 

Q. That was close to the council chamber?—A. It may be in the corridor 
Q. You were right outside?—A. I don’t think I was there that day of the 
gavel incident at all. 

Mr. Feeney. I wonder when you will get down to this hearing. 

Q. You belie\ e, I undei stood you to say, that you are uncontrollable in poli¬ 
tics?—A. As much as a man can be. 

Q. And any man that is opposed to you meets with your opposition unless 
he can see you and come to terms. That is true, isn’t it?—A. No, sir* there is 
no seeing me. ’ ’ 

Mr. Brogna. Hand a drink of water to the witness. 

Mr. O’Connell. Don’t be slipping him any papers, such as you did last time. 
Q. As a result of the fact that Ma.yor Quincy would not give you the patronage 
you wanted, you opposed him in everything, although he was the Democrntip 
mayor of the city of Boston?—A. I did not. 

Mr. Feeney. Pardon me. Don’t you think you had better get down to this 
hearing? We will have Presho and Gallivan and everybody else Why don’t 
you get down to this hearing? It is near 4 o’clock. 

Mr. O’Connell. Don’t be worried, Johnnie. 

Mr. Feeney. You have been talking about it so long. 

Q. As a result of Mr. Quincy’s refusal to yield to you, you have opposed 
him in everything ever since?—A. I have not. 

Q. You went to the legislature to carry* on your fight against Mayor Quincy 
did you not?—A. I went to the legislature to repeal the board of apportionment 


478 


TAGUE VS. FITZGERALD. 


act, wbicli 1 believe was a. bad thing for the city of Boston, and the legislatuie 

repealed it. _ ,, 

Q. And your fight was against Mayor Quincy?—A. No; it was to redeem the 

city from that thing, and the legislature did it. ^ 

Q. In other words, you were able to make a Republican legislature do things 
as against the Democratic mayor of the city. That is true, isn t it? A. No, 
when the Republican legislature investigated the thing they thought that the 
act was not in the interest of the city, so they repealed it. 

Q. That was done as a result of trading votes which you controlled for 
various measures in which the Republican Party was interested, receiving from 
them in return the Republican support in the legislature in your efforts to 
defeat the propositions which IVIayor Quincy and the Democratic Party of 
Boston were interested in.—A. I never .made a trade of my vote in the legisla¬ 
ture in my life. 

Q. You have the control of that ward 5, so that you are able to designate 
certain precincts on election day to support different members on different 
slates?—A. The organization does that. I don’t do it. 

Q. Tell us how the organization does it.—A. Why, they sit down and they 
say, “ Well, here is a man that is a candidate. He is a pretty good fellow. He 
is competent; he is capable ”; and they go over the men and some people are 
interested in them. There may be some reasons, some little favor done in the 
past, and they designate them. The question is to help the men whom you 
believe are the best, and at the same time to be fair; and they do that. That 
is pretty easy. The organization does that. 

Q. And they allot certain precincts to be given to a certain candidate and 
certain precincts to be given to another candidate?—A. No, sir ; they say, “ AVell, 
we will work for such gentlemen as John Jones, or John Smith, in that precinct, 
and we will work for Michael Jones or somebody else in the other precinct.” 
The organization does that. 

Q. Who is “ they” that you refer to?—A. The committee, 

Q. Who is the committee that voted on the matter of your supporting John F. 
Fitzgerald against Peter F, Tague?—A. They were all-canvassed, and everybody 
was sounded on it, and what was the proper thing to do, and I suppose the 
desires of 400 or 500 were felt and canvassed and represented in it. The 
Jewish people go down and find out how the Jewish people feel. They found 
among the Jewish people a tremendous sentiment about not being used right, 
and they report that, the same as to the Italian sections and other sections, 

Q, I asked you who “ they ” were, the organization, the ward committee?—A. 
The organization, the ward committee. 

Q. Who are they?—A. There are 10 members. I think last year they had 
16. Then there is an auxiliary Jewish committee, and another committee of 
about 25 that will be enlarged. Last year we had 35. 

Q. Don’t you want to answer my question?—A. I will answer your question. 
I am giving you my answer. 

Q. i asked who are ” they.” Give me the names of “ they.”—A. The organiza¬ 
tion, the ward committee. 

Q. Don’t you want to name them?—A. Get the list of names. 

Q. Get tlie names of what?—A. Get the organization, the ward committee 
names, and they are a part of it. 

Q. Don’t you want to give me those names?—A. I gave you the best I could. 

Q. Are you afraid?—A. I am afraid of nothing. 

Q. Are you afraid to give the names?—A. I will let you find out the names 
because I don’t want to give names. 

Q. Are you so unfamiliar with the ward committee in that ward that you 
can not tell us their names?—A. I can not tell them offhand. 

Q. Are they dummies?—A. No more than you or I. 

Q. Are they so insignificant in that ward that you can not remember them?— 
A. No, sir. 

Q. How many do they number?—A. They number 10 now. 

Q. Can you remember the 10?—A. I can remember this year’s 10, but last 
year there were 16. 

Q. Can’t you give the names of the 10 who decided on John F. Fitzgerald 
against Peter F. Tague?—A. I told you that the ward committee this year 
consisted of 10. 

Q. I am not asking you about that.—A. I don’t—restrain yourself and be a 
gentleman and you will lose nothing.' Don’t you think that by frowning at me 
you can scare me. 


TAGUE VS. FITZGERALD. 


479 


Q. What are you afraid of?—A. Afraid of nothing. 

Q. Tell us the names.—A. We have got along admirably- 

names. A. I told you I would get the names. 

Q. Give me the names of the 10 men who helped you decide on John F. 
Fitzgerald against Peter F. Tagiie.—A. I can give you the names of a good 
many men. ^ 

Q. G me the name of a single man.—A. I won’t give you the name of a 
man. It you asked for the information in proper way, you would get it. 
iLaiighter.] ^ 

^ Q. Sometimes you support all the candidates for the city council and some- 

certain precincts in your ward. That is true, isn’t 
4 .- ‘ have no party designations, of course yoir know, at city 

elutions. That has been wiped out. There is no question about politics in it. 

A” ixT words, you swap with everyone?—A. I swap with no one. 

Q. Well, your ward swaps with everyone?—A. When we have a candidate 
01 omce, foi the board of aldermen or the city council, we have done the 
same as they do in every ward and district in Boston. IVe supported John 
Jones here, and they supported John Smith out there. We did that the same 
as you did. 

Q. W ho .are “ we ” ?—A. The organization. 

Q. AVho is the “ organization ” ?—A. The ward committee, with the auxiliary 
committee. 

Q. WTio is the “ auxiliary committee” ?—A. Last year it consisted of 16, and 
this year it consisted of 10. There is a .Jewish committee of 8 men, and then 
there is an executive committee of 8 more men. 

Q. Are they all members of the Hendricks Club?—A. I think they are. They 
are the big men of the organization. 

Q. And they are subsidiary to the organization?—A. No. 

Q. Subsidiary to the orders of yourself and brother .Toe?—A. No; there is 
nobody subsidiary. 

Q. Who is the person they are subsidiary to? Who is the central power in 
that club?—A. There is no central power. They are all equal. The people. 
Vox populi. 

Q. Now, then, I am going to find out from you, if you will be good enough 
to testify, who it is that has assisted you in the choice of the men you have 
supported. I want you to give me now the names of the men who helped 
you to decide on supporting the Republican candidacy of Louis A. Frothingham 
against .John F. Fitzgerald, the Democratic nominee for mayor.—A. That is a 
good while ago; there was a universal sentiment in the organization that it 
was best to do it. 

Q. Give me the names of the men who helped to do that.—A. Don’t you 
know it is pretty hard to recall names of men? 

Q. Give me the names of any men who helped you decide to support the 
candidacy of .John B. Dorr against the candidacy of .James A. Gallivan. 

Mr. Feenp:y. Are you going back to Dorr again? Let us get back to the 
Tagiie question. 

A. I can not give you the names. That is a long time ago. I have some 
limitations. 

Q. As a matter of truth, Mr. J^omasney, nobody assists you in arriving at 
a decision on who you or the organization is going to support.—A. I guess if 
you lived down there, you would find they did. 

Q. Do you mean to say that there is a single man down there who tells you 
who you are to support?—A. J guess you would find out that there are. 

Q. How many of them are there?—A. There are 200 or 300 men, all of whom 
are responsible men and whom you will respect and I do. 

Q. AVho are they?—A. For your edification I am not going to make a mark 
of any man who is a qualified voter which is a reflection on that man. It is a 
free country. 

Q. AVill you be good enough to bring to the next meeting the membership 
list of the Hendricks Club?—A. I don’t think I will. 

Q. Why not?—A. Because J will not satisfy you to that extent. 

Q. I demand that you produce it. 

IMr. Feeney. I object. We have received his little demand, and now we 
will go ahead. 

Q. Do you mean to say you will not produce the papers of this political 
organization which has so much to do with the political affairs of ward 5? 



480 


TAGUE VS. FITZGERALD. 


Mr. Feeney. Pardon me. I object to the request couched in the words’ 
“demand that you produce” any list of any organization, and I ask for a 
ruling upon it. 

Notary Mancovitz. I sustain the objection. Note Mr. O’Connell’s exception. 

Q. ^^/e demand that you produce that list.—A. I have heard that demand. 

Q. We ask you to bring it in. Are you afraid to bring it in?—A. I will put 
that demand on the table. I am afraid of nothing. 

Q. Is that what you do with the candidacies of the people who come down 
there?—A. That is what I do with your demand. 

Q. You treat candidacies the same way, do you?—A. I put your demand 
under the table in that way. 

Q. Then you don’t want to bring anything in the way of papers to support 
the statements that you make in reference to the manner in which the choice 
of candidates is made or promulgated down there in your ward kingdom?—A. 
There is no ward kingdom there. 

Q. That part of the city over which you reign?—A. You are in it now, your¬ 
self. 

Q. Won’t you tell us whether there are any other regents that preside there 
by yourself?—A. There ai’e no regents that I know of in this country. 

Q. Aren’t you willing to let us have the names of anybody else that help to 
decide the political fate of men who happen to be voted for in ward 5?—A. I 
told you who had the say in that proposition, and that is enough for you. 

Q. How many men in that organization live in ward 5?—^A. I guess they all 
live there. 

Q. How many of them live outside?—A. A great many of them live there, 
and die there, and were born there. Do you understand? 

Q. Do you continue voting on the names of those who die there?^—A. No; 
they might have done that in Dorchester in your time, but not down in ward sl 

Q. Could you tell me how many members you have got in that club?—A. I 
would not say. I think we may have 250 or 300 members. 

Q. Nearly all city employees?—A. I should say one-third of it nearly. 

Q. Isn’t it larger than that?—A. I don’t remember. I don’t think so, sir. I 
never counted them. 

Q. So that the total income from the club is about $250 a month?—A. Well, 
there is an income from that, and then there is an income from the hall. 

Q. How much is the rental of the hall?—A. They get $5 a week from these 
different organizations. 

Q. How much is yours?—A. We pay $110 a month. 

Q. How many members live outside the ward?—A. I don’t know of anv 
members living outside the ward. We always try to have the men who belong- 
to the organization live in the ward. 

Q. Is Pat McNulty a member of that organization?—A. There is no such 
name. There is a Patrick J. McNulty. 

Q. Y^ou know that he lives in Beachmont?—A. I do not. 

Q. Do you know Robert McCurdy?—A. Yes, sir. 

Q. Don’t you know that he lives outside of ward 5?—^A. He lives on Chambers 
Street. 

Q. You mean he votes there?—A. He lives there, and has an apartment there 

Q. Do you know Henry Gray?—A. Yes, sir. 

Q. AVhere does he live?—A. I think he lives on Burroughs Place. 

Q. Is that in some property owned by you?^—A. No, sir. I own property there 
but he does not live in my property. 

Q. Don’t he live in Jamaica Plain?—A. You asked me, and I told you where 
he lived. 

Q. Do you know Hugh Magrath?—A. Y^'es. 

Q. Do you know whether he is a member of the club?—A. I don’t want tO' 
say for sure. I don’t know whether he is or not. 

Q. Do you know where he lives?—A. No; I don’t know. 

Q. Do you know Joseph A. Raley?—A. No, sir. 

Q. Do you know Joseph Raley?—A. Yes, sir. 

Q. A relative of yours?—A. No, sir. 

Q. Of your brother Joe?—A. Yes, sir; a brother-in-law of his. 

Q. Where does he live?—A. He lives in Young’s Hotel. 

Q. That was the 1st of April, but outside of that, where does he live’_A I 

don’t know. 

Q. What?—A. I don’t know. 






TAGUE VS. FITZGEKALD. 481 

^ blame them for laughing at you. Do you know John F. Corco¬ 

ran?—A. Yes, sir. 

Q. Where does he live?—A. In Burroughs Place. 

Q. ^ another house owned by you?—A. No, sir; we own it jointly. 

Q. He does not live there throughout the year?—A. Certainly he does. 

Q. What?—A. I think he does. 

Q. Don’t you know where he lives?—A. I don’t know. 

Q. Don’t you know he is never at home in that place?—A. I don’t know. I 
never watch his home. 

C}. Don t you know that he lives at 14 Auburn Street, Charlestown?—A. I 
don t know. I never called on him in his home, or called on him at 14 Auburn 
Street. 

Q. Do you know John I. Murray?—A. Yes, sir. 

Q. Where does he live?—A. United States Hotel. 

Q. That was on the 1st of April?—A. I don’t know. 

Q. And the rest of the time he lives in Dorchester?—A. I don’t know where 
he lives. He is a single man. 

Q. Charles Hart?—A. I don’t know where he lives. 

Q. Patrick J. McNulty?—A. He lives on Lynde Street. 

Q. That is on the 1st of April?—A. I don’t know. 

Q. Ihe rest of the year he lives in Beachmont?—A. I don’t know where he 
lives. 

Q. He is one of the men who has charge of a precinct in ward 5 on election 
day for the Hendricks Club?—A. He is one of the men. 

Q. Do you know where Michael F. Fitzgerald lives, a brother of the doctor?— 
A. I don’t know. 

Q. Do you know that he lives at Winthrop?—A. I don’t know. 

Q. Do you know where Israel Mancovitz lives?—A. I think he lives in his 
father’s house on McLean Street. 

Q. That is, the 1st of April?—A. I don’t know about that. 

Q. Aside from that, he lives elsewhere the rest of the year?—A. I don’t know. 

Q- I>o you know Joseph Santuosso?—A. I don’t know where he lives. 

Q. Do you know where he lives the rest of the year?—A. No, sir. If you 
want some more of these gentlemen, I will tell you a few more. 

Q. Do you know C. J. Sullivan, who has charge of the morgue?—^A. I don’t 
know. 

Q. Most of these men that you mention are members of the Hendricks Club ?— 
A. I don’t think so. 

Q. How many are?—A. Will you let me see the list? 

Q. Is McCurdy a member?—A. Yes, sir. 

Q. Jeremiah McCarthy; is he a member?—A. Yes, sir. 

Q. He lives at Winthrop?—A. He lives at McLean Street. 

Q. The 1st of April. How about the rest of the year?—A. That is his resi¬ 
dence. I don’t know where he lives; I have not been to his house. 

Q. He lives in Winthrop?—A. No; I don’t know. I have never been to his 
house in Winthrop. 

Q. Do you know that all these men whom you know so intimately were sum¬ 
moned and did not show up here to answer the summons issued by the notary, 
Mr. Berman, and served by the LTnited States marshal?—A. I do not. 

Q. Have they conferred with you?—A. No, sir. 

CL Didn’t Mr. Beatty tell you when he was there that he had been summoned 
as a witness and would not come?—A. No, sir. 

Q. You knew tliat this hearing had been going on?—A. I saw it in the papers. 

Q. You saw the notice there issued, signed by the United States district attor¬ 
ney, Mr. Boynton, advising everybody who was summoned to come here?—A. I 
did not see that. 

Mr. Feeney. You didn’t know they called in the cops? 

The Witness. No, sir. 

Q. Let him tell the truth. 

' Mr. Feeney. Go ahead. 

A. I tell you very frankly I don’t believe in calling in cops. It is bad business. 

(L Inasmuch as you helped Mr. Cunningham after Mr. Cunningham had 
warned you that the absence of witnesses who were summoned was significant 
and would be considered adversely against the candidacy of John F. Fitzgerald, 
will you tell me wdiy it is that you have not aided in bringing forth witnesses 


122575—19-31 



482 


TAGUE VS. FITZGERALD. 


siiimiioiied here who were also witnesses before tlie ballot law commissioner?— 
A. I am not a servant for this body or any other committee. Why should I he a 
servant and 2:0 around doing a policeman’s work, bringing in witnesses, or doing 
a marshal’s work. 

Q. I thought you sought the prevalent of truth?—A. I do. 

Q. ^\'hy (lidn’t you do it?—A. Because I was satistied at that time you were 
all laboring under a delusion. My friend Mr. Cunningham talked frankly ; then 
I saw the situation as it was, and I did all I could to remove the delusion. 

Q. Isn’t the truth this: That after Mr. Cunningham said that you and Mr. 
Albers, the attorney for Mr. Fitzgerald, went over to Mr. Cunningham and the 
commission and came to an tmderstanding that if the men were brought in 
there would be no cross-examination of the witnesses?—A. Mr. Albers and 
myself never had a conference with the commission ; that is, when I was present. 

Q. Didn’t you step over to tlie commission in the presence of Mr. Goodwin, 
and didn’t you and Mr. Albers have a conversation in which you asked if there 
would he any cross-examination, and at the conference they agreed that there 
would not be any?—A. I was not present when any such thing took place. 

Q. Wasn’t it after the Cunningham statement that their absence would be 
considered adversely that you got them to come in?—A. No, sir; he never made 
such a statement. Read the statement that he made. 

Q. We will put it in.—A. I never heard the word “ adversely.'’ That is an¬ 
other matter. 

Q. Are you willing now to have the witnesses in?—A. AVhat witnesses? 

Q. The witnesses sworn here.—A. I am not willing to do anything to help 
you or Mr. Tague to bring any woman in here to tell the history of her husband, 
or expose the home or family skeleton, i don’t believe in that kind of examina¬ 
tion. Ml-. Tagne can not afford to have everything told about him, and you can’t 
afford to, and I can’t afford to—that you have been living in Brookline and vot¬ 
ing in Dorchester. You do the same thing. You never had any intention of 
abandoning your domicile in Dorchester. You went out to Brookline and voted 
three or four times in Boston while you were living in Brookline, and you were 
not an illegal voter. But why do you want to apply it to these other men, when 
it is all right for you? It is all right for Daniel, Joseph, or John to do one 
thing, but it is all wrong when somebody else does it. 

Q. Now, you have made a speech. What is it all about?—A. To show why 
I would not join with you to compel a man to tell his life’s history, or to put 
a woman on the stand so that you could ask her, as you did the* other day, 
“Do you sleep with your husband?’’ Wasn’t that a nice question to ask a 
woman in this court room? I was told you made that statement. Do you 
suppose I would ask any decent woman who lives down there to come up here 
and be subjected to that kind of examination? No, sir. 

Q. Have you any other speech to make?—A. No, sir. 

Q. Now, my question is this; AVill you help to bring in here these witnesses, 
so that they may be examined about their registration and voting in ward 5," 
which we charge is illegal, and the names are as follows : Robert K. McCurbyi 
who is a member of your organization and one of your friends; Jed McCarthy’ 
otherwise known as Jeremiah E. IMcCarthy, a 'court officer of the citv of 
Boston?—A. Jeremiah J. McCarthy. 

Q. A member of your organization and one of your friends. Will you help 
to bring in Henry Gray, a man who has been your political helper and helped 
meet for many years?—A. Henry R. Gray. 

Q. Will you help us to bring in Hugh McGrath, whom you know very well, 
and who niay or may not be a member of your organization? Will you help 
us to bring in Joseph A. Riley, of your organization? Will you help us to 
bring in John F. Corcoran, your dear friend, crony, and associate? Will vou 
hel]) us bring in John R. Murray, your brother’s relative and a court officer? 
Will you help us to bring in Charles Clark, of your organization? Will you 
help us to bi-ing in Charles M. Halloran, whom you know? Will you help us 
to bring in I’atrick J. McNulty, whom you say is one of those who represents 
you in the precinct on election <lay, and who lives in Beachmont? Will vou 
help us to bring in James Sullivan, whom you know? Will you help us to briim 
in Michael Fitzgerald, the brother of John F. Fitzgerald, *and a police office? 
in the city of Boston? Will you help us to bring in Israel Mancovitz, a brother 
of Alancovitz, who is sitting here as your notary, and who is also one of vour 
precinct officers? Will you help us to bring in Joseph Sontosuosso, whom* vou 
say you know very well, and who lives in East Boston, and whom you know 


TAGUi: VG. FITZGEr.ALD. 483 

\eij ill you help us bring in C. J. Sullivan, ^Yllo keeps the morgue and 

who lives in your ward; and will you help us to bring in over 200 more, whose 
names 1 have and which we will furnish you, and who vote illegally in vour 
ward, and not one of them women? 

IMr Feeney. And if they did come in, under all the rules their evidence 
would be inadmissible. INIy friend always winds uii with this 200 or 300 iiiys- 
people. Just at the present time I am conducting the hearing, so far 
as Mr. Fitzgerald is concerned. If these witnesses come in, they will haye 
no light to testify at any time while I am conducting the hearing, if any more 
witnesses come in, they will come in simply under the statute which proyides 
that their testimony may be giyen in rebuttal of eyidence which I may offer. 
'Iheiefme, Mr. Lomasney, I want to say at this time, no matter ^yhether you 
are willing or unwilling, that I am going to object to anybody else testifying 
except such witnesses as I may call, until I close the Iloii. John F. Fitzgerald 
side of the case. Then, if there is any eyidence which any of these witnesses 
uiaj^ ha\e to gi\e in rebuttal of that, my brother has all the opportunity which 
the laws of the Commonwealth and the laws of the United States giye to him 
to produce and force the production of such witnesses 

Q. I ask you to answer, sir.—A. Mr. O’Connell, you and your type haye been 
talking around this city about fraud for years, 

Q. AVon’t you answer my question? 

Mr. Feeney. He is answering your question. 

A. Your client started out in this campaign by notifying the i>eople of this 
district that he wouhl call upon the Unitted States authorities; that he would 
haye the secret seryice .officers at the polls; that he would haye 250 men 
charged with illegal registration before the election-law coinmissioners, and 
that is the proper tribunal created by statute to try those cases. l"ou were 
notified by the board of election commissioners to come in there and present 
your case. It is pretty hard to get a man’s name on the yoting list. But the 
man when he gets his name there has some legal rights and is protected, and it 
requires his presence or sufficient imima facie eyidence before it will be taken 
off. You folks did not appear at the board f)f election commissioners preyious 
to this election and challenge these men’s yotes, introduce your eyidence, put 
forward your spies and your stool pigeons. Consequently, no matter what 
hai)pens now you haye lost your right to do that. 

Q. Y^ou are afraid to answer the question, aren’t you?—A. No, sir; I am not. 

Q. Then why don’t you answer it?—A. I am not'afraid to answer any ques¬ 
tion. I am not afraid to answer anything. 

Q. AVhat are you afraid of?—A. I am afraid of nobody. 

Q. Then answer the question.—A. I will not obey your insulting domineering 
orders. 

Q. Y^ou are afraid, are you?—A. I am afraid of nothing. 

Q. Y^ou are afraid to help the United States Goyernment to rightly determine 
whether a man is rightly elected to Congress or not?—A. I know the United 
States Goyernment is not interested in seating a grafter in Congress. 

Q. AA^on’t you giye your assistance to bring before us these men?—A. I giye 
you just the assistance that my presence here on the stand giyes you. No more, 
and no less. I refuse to be your seryant and obey your orders. 

Q. Then, you won’t adyise your friends and cronies to come in and giye us 
the eyidence necessary?—A. I adyise any man, before he goes to court to testify, 
to talk to a first-class lawyer. I am not one. 

Q. Haye you adyised these men to consult with a lawyer, if they were sum¬ 
moned?—A. No, sir. 

Q. Just what do you mean by that .statement, that you would adyise them 
to do that?—A. I said I would adyise no man to come into court aud answer 
the summons in a proceeding like this, Ayhen you and men like you want to 
bare their priyate skeletons and family history, without the adyice of a good 
lawyer. 

Q. AA'ho haye you so adyised?—A. I haye adyised no one. 

(j. Is that to giye a public warning to men not to come in unless they see a 
lawyer?—A. No, sir; it is not. You gaye all the warnings. 

(F Then, you haye adyised no one at all?—A. No. 

Q. Then, what are you talking about?—A. I am talking about what you are 
talking about. 

O. You know these men haye refused, don’t you?—A. I don’t know. 

Q. How many of them do you know haye refused?—A. I doh’t know any¬ 
thing about any of them. 


484 


TAGUE VS. FITZGERALD. 


Q. What?—A. I don’t know anything about it. 

Q. Are you telling the truth?—A, I am, absolutely. 

Q. Do you say that you don’t know anything about men like Corcoran, with 
whom you talk almost every night in the year-A. That is not so. 

Q. When did you talk with Corcoran last?—A. I think last week. 

Q. What night?—A. I think it was around Thursday or Friday. I would not 
say for sure. 

Q. When was the time before that?—A. I think it was about 10 days before 
that. 

Q. Was that at the time he was summoned?—A. I don’t know when he was 
summoned. I don’t know anything about it. 

Q. Did you discuss with him the fact that he has been summoned?—A. I 
did not. 

Q. Have you talked with anybody else in the last 10 days in that list that I 
have mentioned?—A. No; not that I recall. I may have. I may say “ Hello 
to a man or pass the time of day. 

Q. You have discussed the law on this subject, haven’t you?—A. I have 
looked at the law; certainly. 

Q. Why did you look up the law on the rights of witnesses to come before 
this hearing?—A. I always like to look at the law. 

Q. Why did you like to look at the law about witnesses-A. To find out. 

Q. Wait a minute. WJiy did you look up the law about witnesses when you 
had not been summoned as a witness yourself?—A. Is it a crime to look up 
the law? 

Q. I am asking you for information.—A. Is it a crime to look up the law? 

Q. Why did you look up the law in regard to witnesses?—A. I did not say I 
did do that in regard to witnesses. 

Q. Didn’t you say a moment ago that you looked up the law in regard to wit¬ 
nesses?—A. No. 

Q. Didn’t you say so?—A. You asked if I had not looked up the law. 

Q. Didn’t you read that particular section?—A. The whole law about the 
congressional contest. 

Q. You are not a lawyer?—A. No; I am not a lawyer, yet I take pleasure in 
putting a lot of these men who are lawyers overboard. 

Q. And Members of Congress?—A. There is no Member of Congress in this 
city that I know of who is a lawyer. 

Q. Putting them overboard, you said.—A. That is far away from what I 
said. Mr. Tague is not a lawyer, Mr. Fitzgerald is not a lawyer, and Mr. 
Fletcher is not a lawyer. 

Q. When you say “ puting men overboard” what do you mean?—A. I will 
tell you. I have seen lawyers like you and other men stand up and bully rag 
and bulldoze men, and try to look fierce, when right dowm in their hearts 
they are just the same as any other human being; and I have intelligence 
enough to know that that class of men are just as shallow as the sea at low 
water, so I know how much attention to give to them, so that is just the way 
I am treating you. [Laughter.] 

Q. I thank you for the compliment of saying I am as shallow as the sea.— 
A. You can always pick me up on a word, but there is always a lot of sound 
sense, and it always cuts. You know the sea is deep and the sea is shallow. 

Q. In other words, you are pretty well satisfied with yourself?—A. I will 
tell you. I feel this way, that I am no saint, that I went through this life 
and had the hard knocks; I ran up against various interests, and I have stood 
by and looked out for myself. I pay a hundred cents on the dollar, and I 
ask no favor of any man, and try to respect any man and give him courteous 
treatment, and that is all I want—a square deal. 

Q. If that is so, let us see. You say you want equity to apply to this case, 
and you want to come in here with clean hands?—^A. I say Tague should come 
in here with clean hands. 

Q. Don’t you want to come in here with clean hands?—A. I have got them 
[displaying hands]. Look at them. 

Q. Don’t you want to help this court to get all the evidence that it possibly 
can, to clear up this matter amicably?—A. Unquestionably. 

Q. Then, why shouldn’t you help to bring these men in here?—A. Why 
should I want to become your servant after you have designated certain people 
as slaves? 

Q. You have been informed that the district attorney advised people to come 
here?—A. No; I was not. 






TAGUE VS. FITZGEEALD. 


485 


Q. Didn’t yon know that?—A. No; I did not 

(Recess.) 

Mr. O Connell. I am informed that the messenger has not brought back 
' f that I referred to, and at this time I will ask permission to read 

into tlie record the statement of United States district attorney for this dis¬ 
trict which was published in the Boston dailies, such as the Post, Herald, and 
o one, adMsing all who had been summoned to attend this hearing to be sure 
to attend, stating that in his judgment it was wise for them to do so. 

Q. Now, Mr Lomasney, did you see the daily papers during the last three 
AAeeks, w'hile this hearing has been going on?—A. Some of them; yes, sir. 

Q. Did you not see the issues on two different dates of the Boston daily 
pa pels that I have mentioned, an.v or all of them?—A. I think I saw them. 

Having seen them, that the United States district attorney did so advise, 
v\ ill ^ ou now’ tell us why you did not join vv’ith him in also adv’ising your many 
friends who had been summoned to come in here? 

Mr. Feeney. He said that he did not know^ they were summoned. 

Mr. O’Connell. AVait a minute, and let me ask him this question. If you 
are anxious for me to get through to-night, let me ask him this question. 

IMr. Feeney. All right. 

Q. Go ahead.—A. None of them adv’ised w’ith me. 

Q. You knew that many of them had been summoned?—A. I knew’ nothing 
about it. 

Q. You read in the papers that many of them were missing?—A. Yes; but 
I did not go out borrowing trouble, looking for them. 

Q. You did not discuss it with them?—A. No, sir. 

Q. A\ bile this w’as going on, you hav’e been extremely interested—since this 
hearing started on February 17?—A. No, sir; I have not. 

Q. You have been gathering together law books?—^A. No, sir. 

Q. Hav’en’t you read the law^ books on the question of domicile?—A. No, sir; 

I hav^e a decision vvdiich has been there for a good many years. 

Q. Have you consulted with IMr. John F. Fitzgerald?—A. I talked with him' 
once. I talked with him once since he came back. 

Q. AAJien was that?—A. I think it was day before yesterday, w’ith counsel. 

I think it w’as Saturday, with Mr. Feene.v. 

Q. Haven’t you discussed with him the fact of several hundred witnesses 
who were called and hav’e not testified?—A. I did not. 

Q. Now% in the conduct of elections down in your ward, you have at all times 
been jealous of anyone from outside appearing down there on election day?—A. 

I have no know’ledge about it. If you are referring to w^ard 5, I will ansvv’er 
the question. 

Q. I w’ill call it w’ard 5, to meet .vou.—A. I believ’e I saw’ your brother come 
down there when Fitzgerald was running for mayor. I thought it was an un¬ 
gracious thing to do. It is nothing but a matter of sentiment, just as when 
you were in politics ; if you found Martin liOmasney going out into your dis¬ 
trict, .'Standing at the polls, you would resent it. It is nothing but sentiment, 
that is all. 

Q. AAhis it an expression of your sentiment that IVTr. Ernest E. Smith, a 
member of the city council, vv’as assaulted in your w’ard because he went down 
there to see how’ the elections were conducted a few’ years ago?—A. I was not 
there that morning. 

Q. Had you removed yourself that morning, knowing that he was to be 
assaulted?—^A. No; I have not. 

Q. AA'as it an expression of your resentment against any outsider coming into 
your vv’ard on election day that Election Commissioner Seiberlich was assaulted 
dovv’ii there a few years ago?—A. No, sir; Mr. Seiberlich w^as in the discharge 
of his official duty, but the poor man lost his head. He was unfair with the 
v’oters and he made an awful mess, and I wms sorry that he had any trouble. 

I w’ent to him and said, “ Now, Mr. Seiberlich, don’t be foolish. Carry out the 
law’, but don’t be foolish.” But I don’t w’ant to say anything about that. He 
is all right. 

Q. AA^as it an expression of resentment against anyone coining into the w’ard 
that Adam Crowley was assaulted there?—A. AAJio is Crowley? 

Q. You know him.—A. AVho was he? 

Q. At the time of the Fitzgerald-Frothingham fight.—A. No, sir; he was a 
resident of the ward. 

Q. AA"as it an expression of resentment as to the presence of outsiders in the 
ward that these young men who were trying to assist Congressman Tague on 


486 


TAGUE VS. FITZGERALD. 


primary day were assaulted?—A. I was not there. I did not see anyone as¬ 
saulted and I don’t know that anyone was assaulted. 

(^>. Is this an expression of sentiment against anyone eoming in to see how 
the election is conducted in ward 5?—A. No, sir; Mr. O’Connell- 

Q. Answer my question. Is that expression of sentiment against anyone 
coming into the ward on election day general throughout ward 5?—A. No, sir. 
Now let me say this to you. 

Q. No; you answer my question.—A. Let me explain myself. 

Q. You answer the question.—A. I want to be fair and I want to tell you the 
rules of court. You can answer yes or no and then explain afterwards. That 
is the rule of court. 

Mr. Feeney. Go ahead and explain, Mr. Lomasney. 

A (continued). You see, I know something about the rules of evidence. 

Q. Go ahead and make him do it.—A. It is simply a question of answering 
about men coming into localities. Many times they did not mean to do it, but 
they have made trouble; more trouble than if they did not go there. In all 
the bitter lights in the North End there is this kind of respectful consideration: 
Take Charlestown. The men from one ward will not go down into the other 
wai’d. There is a kind of feeling that people who live in the ward should 
tight it out, and if you are a candidate you should not have residents and 
voters in other wards make rules for you. There is no law about it, but it is 
the' sentiment. Outsiders coming in tend to offend; they say this or that and 
immediately the question comes about the outsider coming in. Candidates are 
not responsible for it, because it is a well-recognized way of conducting a cam- 
l)aign. That is what happens when you come in. When you were in politics 
in Dorchester and you found me out there, or any other man from this district, 
asking for votes at the polls you would say “ Go home, where you belong. 
Don’t you think in ward 20 we can take care of this our.selves? ” It offends 
you, and if it is some friend of yours it hurts. That is the explanation I 
wanted to make. 

Q. Are you through?—A. l"es. 

Q. A\ hat do you say about itolitical contests where, as in this case, the con¬ 
testants live outside the ward; both Mr. Fitzgerald and Mr. Tague lived out¬ 
side of the ward? Why should there be resentment about it?—A. I don’t know 
of any resentment of this kind. 

Q. Why were these men assaulted on primary and election day?—A. I don’t 
know anything about it. I never advised and I did not know anything about it, 
and I did not assist in it at all. 

IMr. Feeney. Would you like a chair now, Mr. Lomasney, since Mr. O’Connell 
is sitting? 

The Witness. No, I don’t; I am tired myself, to tell you the truth, but I 
would sooner stand up. 

Q. You can sit down, if you want to.—A. I don’t want to quit in this thing. 

Q. I understood you might be tired. You think that there is a general feeling 
of resentment in your ward, and, of course, on election day you never move 
out of your ward?—A. No; I don’t believe ever in my life I went into another 
ward election day, 

Q. So that your description of what might take place in other wards is 
simply based on the knowledge of what people in your w^ard feel on election 
day? A. I may have gone through a ward, but I never stopped at a precinct 
in any other ward, even when I was a candidate, 

Q. You don’t like to see anyone from other wards in vour ward on election 
day ?—A. No ; I did not say that. 

Q. What do you say about that?—A. I can not tell you anything about it 
I know their feelings. 


Q. You have had this expression of feeling on their part there a great many 
times, haven’t you?—A. No; not very many times. It doesn’t occur very often 
Q. When you were testifying a little while ago you seized on No. 8 Pine 
Street, a house run by a charitable organization, in which 328 names were 
taken by the police as being there on the 1st day of Aprii. Do you know that 
only b out of that 328 were registered as voters?—A. Well, it came to me as I 
saw the book in front of me. I never examined it before. 

Q. You have nothing to do with the men who run that charitable house up 
there, have you?—A. No, sir. ^ 

it occur to you that the Hotel Lucerne, which is right down near 
you, has 58 registered voters at the polls on the 1st of April, and 33 of that 58 
aie on the legistered voting lists?—A. If you say so, I don’t question it. 


! 



TAGUE VS. FITZGEKALD. 


487 


Q. Yes.—A. It is their right, isn’t it? 

Q. And that at 19 Causeway Street, where these double-decker cots are, 
there are 30 names as being there on the 1st of April, and 27 of them are 
registered as voters. Do you mean to say, sir, that you are fair in the com¬ 
parison which you picked out of this charitable organization, where there are 
328 names on the 1st of April and only G vote, and try to defend it as against 
the Hotel Lucerne with its 58 on the 1st of April and 53 voting, and that of 
19 Causeway Street, where 30 are registered on the 1st of April and 27 voting? 
Do you think that you are fair to the congressional committee when we are 
trying to present that to their attention?—A. I simply saw the book and you 
were talking about colonization. I was telling you that the real question was 
not a question of colonization, but a question of registration. I happened to 
see the book, and it flashed through my mind as we talked. Of course, I see 
the distinction and the difference, and any reasonable man would say that you 
were trying to colonize and do illegal registration, and it was one of the 
greatest opportunities in the world. 

Q. But you were not able to do anything up there—over which you could 
exercise no control? That is true, isn’t it?—A. It did not require any chari¬ 
table organization. The poor fellow is allowed to come in and pay his stipend. 
They have a nice clean place. A man may be here to-day and in Chicago in 
three or four days. And I pointed out that it was a question of registration 
and not of colonization. 

Q. Now, you stated that in your judgment men have got a right to choose 
on the 1st of April the place in which they vote. That is your conception of 
the law, is it?—A. I stated that in my opinion the law of domicile, as I said 
l>efore—take your own case and we will be frank about it. 

Q. Drag me in as often as you like.—A. I don’t wish to offend, but I am 
taking your case. In my opinion you had no intention to abandon Boston as a 
domicile. You^ are compelled for some reason or other to go to Brookline. 
You had no affiliations with Brookline, but your affiliations were wholly with 
Boston. You never intended to change your domicile, but you intended to 
maintain your domicile in Boston. You intended to live there temporarily 
until you found a proper place here. And you found when you got out that 
it was a good deal harder than you expected and yon had to stay longer. 

But you would be sore if a man charged you with the fact that for two or 

three years you voted in Bowdoin Street, while you were living in Brookline, 
and they would not be justified in making such a charge. And what applies 
to you applies to the poorest man. What applies to a rich man applies to a 
poor man. He has a right to abandon his domicile, and a right to acquire a 
new domicile, and it is a very close question. Have I made it clear? That is 
my view of the matter. 

Q. Now, let us see. As I understand you, you believe that a man has got a 
right to choose on April 1 where his domicile is to be?—A, I believe that a 

single man can practically elect his domicile. He can not acquire a new 

domicile until he abandons the old one. What is his intention? A single man, 
to acquire a new domicile, must abandon the old one. He must take his 
clothes and belongings with the intention of making that his home. He has a 
right to change his mind that night, or any day. That is his privilege. That 
is my view of the case of a single man. With a married man there are other 
questions; questions of families and maintenance and children, all of which 
enter into it. You might say—now, as I say, I intend to offend nobody, but on 
the question of children the question might be raised. Do they pay for schools? 
If they are grown up, do they pay for the tuition of their children, as non¬ 
residents, and there are a thousand and one things which enter into the 
question of domicile which nobody realizes until you look it over, and that is 
the reason that Mr. Tague did not want to try this thing before the proper 
tribunal. That is the whole story. I remember Mr. McSweeney was registered 
in the Hotel Bellevue. Some one wanted to contest, and he appeared before 
the election commissioners, showing that he had sent his family to Framing- 
liam temporarily because they were sick. He acquired a domicile by going to 
the hotel temporarily. The domicile doesn’t follow the woman, the wife, but 
it follows the man, and he stated that fact to the election commissioners and 
they refused to throw him off the ballot. Take the case of John F. Fitzgerald, 
when Joseph A. Conry was fighting him for Congress. They had an exciting 
liearing in the election commissioners. Fitzgerald was living in Concord. They 
went into domicile questions, and they voted not to remove him. It is a very 
close question. 


488 


TAGUE VS. FITZGERALD. 


Q. Then let me ask you this. 

Mr. Feeney. Can you illustrate it by one or two more at the City Club? 

Mr. O’Connell. Wait until you get a chance, and then you go after him. 

INIr. Feeney. I thought perhaps you would want him to do it. 

Mr. O’Connell. You please let me examine him. 

]\Ir. Fp:eney. Go ahead. 

Q. In other words, as I understand you, if a single man on the 31st day of 
March decides that he wants to vote in ward 5, all he has got to do is to take 
up his clothes and go down and sleep in ward 5, if he says to himself, “ I 
intend to abandon my residence and go down to ward 5,” although it is only for 
a night?—A. If a man abandoned his domicile, wherever it is—a man can 
have hut one domicile and one vote, and the Supreme Court has said that it is 
clear about the man’s right to domicile, and it has been under consideration 
on the matter of taxes—in the Supreme Court I understand they say that if 
a man slept on Boston Common and had no means and had the natural right 
to vote, that he would have to be registered from Boston Common. 

Q. Is is by reason of that case, that you know men to be registered from 
the morgue, and from dog kennels and other places?—A. I don’t know of any 
one registered from the morgue or dog kennels or anything of that kind. 

Q. Is it based on that opinion that you justify so many men coming down 
to your ward on or about April 1 for the purpose of getting a voting residence 
there?—A. I don’t justify anything. I gave you my answer to your question, 
my opinion on the law of domicile. 

Q. I notice you are familiar with the court decisions, and that you are able 
to discuss this feature at length.—A. Now, if you will pardon me. I sat in 
the gallery of the Boston Common Council when I was a youngster, and heard 
George A. Shaw and saw him removed after a big fight—there used to he 
more fights on domicile in the old days. He was removed from the common 
council because of this great question, and you will find all the contested cases 
were based on the law of domicile where a man was, then, on the 1st of May. 

Q. And all those questions are questions which arose in that part of \he 
city known as ward 5?—A. Oh, no; you yourself were an offender. You didn’t 
mean to be, of course. 

Q. I am talking about those questions raised.—A. I know. Tague is an 
offender, and he has got Turnbull- 

Q. :My question is, that all these questions that have been raised about 
which you say there has been a lot of agitation, are mostly concerned with 
that part of the city known as ward 5?—A. No, sir; I will tell you. This 
situation- 

Q. You have answered the question.—A. An investigation will show that 
M^ard 5 has got the cleanest voting list of any part of Boston, and if you take 
the firemen over in Charlestown that are running over to Somerville, "you will 
be surprised, but I am no stool pigeon. - 

Q. What do you say about this case, so far as your opinion is concerned?— 
A. I am giving no opinion. 

Q. Your theory,—A. I am giving no theory. 

Q. Suppose a young man, unmarried, 25 'to 35, leaves his home on the 31st 
day of IMarch- 

Mr. Feeney. I shall object to that. 

Q, (Continuing.) Goes to ward 5 and takes his clothing with him, and then, 
after the 1st of April,- he goes back to the place where he came from, and re¬ 
peats that practice year after year. Do you maintain that that man has the 
right to vote in ward 5 simply because he has elected on April 1 to make that 
his domicile? 

Mr. Feeney. Now, wait a minute. We will have no more hvpothetical ques¬ 
tions. I object. 

Q. Go ahead and answer. 

]\Ir. Feeney. No, no. I ask for a ruling. 

Notary Mancovitz. The objection is sustained. 

Q. Go ahead and answer. 

Notary Mancovitz. The objection is sustained. 

Q. Are you afraid of answering that?—A. No, sir. 

Q. Why don’t you answer? 

IVIr. Feeney. Because I object. 

The Witness. Mr. Feeney obje-cts, and I am not going to let vou run him. 

INIr. O’Connell. Put down that there great laughter. 

Mr. Feeney. Put down that somebody laughed at Mr. O’Connell. 





TAGUE VS. FITZGERALD. 


489 


■cro^LexaSZlnn of In. ‘ ^ ®toP 

vou are“TO(U,r^^^^ brought in here by the contestant, and that 

udtnesi i Mre Z^-ilh ff ' “J' "Sbt to cross-examine this 

Con-ress for ? . nimt t ‘ examine this witness, and if you want to go to 
Will TAnf nihng that you and your counsel want to have followed that he 

meanTme-a7 colmd^o^^^ iniportant subject of colonization, which 

“u^sHonl'tSnT'rnTto'know ‘^s 

Mr Feeney. Mr. Fitzgerald, whether I am right or wrono- will hnvp tn Ua 

bv^my frie^id cllfahnn^ cross-examination was not limited 

oj mj tiiend Callahan, who conducted it in behalf of Mr Fitza-ernld if woes 

\\ihL l^a^sonM I’easonable questions and confined ’ himself 

be rafi;4edTt the\:pX^^ think Congress will 

it tfno7.a'com» qu^iston' knows that 

yp" “^ke Witness to understand wliat I sav here 
f-"ugs here ® understand his rights. One of the fundamento! 

Mr. Feeney. Ask questions and don’t talk. 

Mr. O’Connell (continuing). Is the colonization of that ward which wn-^ 
followed by illegal registration and illegal voting; and, if he does’not want \o 

'yi>> to do irlt his P™n‘ 

JusHflefcoloiUzIdon ;f ti.aVwafd®^“ 

Mr. Feeney. Go ahead and ask him the question 

O’CoNfEq- In liis direct answers to Mr. Feeney this morning he gave a 
vei.y elaboiate st.atement of what lie considered “colonization.” He was asked 
by Mr. Feeney, What about colonization? 

Mr. Feeney. I did not ask him any such thing. 

Mr. O Connell. He went into the question and took up several pages of our 
ecord, explaining what he meant by it. Now, do you mean to tell me that I 
have not go the right to cross-examine the witness on that question? Anvwav 
I shall do it unless you direct him not to go ahead. " ‘ ’ 

Mr. Feeney. Well, go ahead and ask him. 

Notary Mancovitz. If you ask the witness what his opinion is, that is not 
competent examination. 


Mr. O Connell. You allowed this man to give an expre.ssion of opinion from 
a dead man; and do you mean that you won’t allow me to give an expression 
of his opinion for justifying the slaves in that ward going d(wvn there and voting 
for him? Do you mean that? * 


Notary Mancovitz. He need not express any opinion. 

iVIr. O’Connell (to the stenographer). Make a note that John I Fitzgerald 
over here is hissing. ' ^ 


Notary Mancovitz. If you will frame a proper question, he will answer it. • 
Q. Do you mean to say to the people of Boston and to the congressional com¬ 
mittee that your idea about the colonization of that ward is that a man has a 
right on April 1 to choose his domicile?—A. I mean to sav, sir, that a man has 
a right to abandon a domicile any time he sees fit; that' he can not acquire a 
new domicile until he abandons the old domicile; and it is his right to do as he 
plea.ses, just as it is his right to rise in tlie morning at 10 o’clock instead of 9 
to snioke, to drink, and to walk. That is his right. IVhen you come to the 
question of what has he done to show his intention to abandon the old domi¬ 
cile, what has he done to acquire the new domicile, that is a question of fact to 
be applied under the law; and I say that if a man wants to change—a single 
man particularly—wants to change his domicile, it is practically, as I stated, 
where he desires to locate; that he must show by his actions that he can not 
pass his name in at a house and not sleep there. He can not do that. He 
must come there. He must abandon the old domicile and he must acquire the 
new domicile and take up a residence there. He can change any time he sees 
fit, because a man’s mind changes, just as my mind changed to-day. I was 
talking with you, and I saw that book, and I immediately changed my mind. 
That is the story, and that is all. 



490 


TAGUE VS. FITZGEKALD. 


Q. And that has been the view of the law of colonization and rejtistration 
which you have announced down in ward 5 since you have been there?—A. No, 
sir; nothing of the kind. 

Q. You have preached that law until you are so familiar with it that you can 
talk it off here as glibly a^ though you were a lawmaker.—A. I have certainly had 
some experience as a lawmaker, and I have helped to create a good many stat¬ 
utes, and I have heard men of the greatest ability discuss this question before I 
ever thought that I would be a lawmaker myself. I have heard the question of 
domicile discussed by Mr. Bartlett, and those men, and you can read the decision 
and find my answer is not far from right, and you will find that some of the 
most substantial citizens of Boston are in here to-day, but some of the most 
substantial citizens moved out of here. Take it on Beacon Street, for instance. 
At those houses on the 1st of April, look at them. The people are down at some 
seashore resort, voting from there. Mr. Storrow has three or four homes, and 
he elects to vote from Lincoln. Mr. Lawson, another millionaire, decides to vote 
from Ifincoln. iVIr. Lawson, another millionaire, decides to vote from Egypt. 
It is his right to select his domicile, and it is a question of law as to each set of 
facts applicable to it. 

Q. Your contention is that whatever the man has in mind at the time he does 
it is the thing which governs?—^A. My contention is that when he leaves one 
domicile—if I am through living at 13 Bowdoin Street or 27 McLean Street, I 
am through, and I take my belongings and go to another place and intend to 
stay there and make that my. permanent home, and I can do that and put my 
name in on the 1st of April. If on the 2d of April something happens and I 
want to go back to my old place I can do it. It does not say in the statute 

10 days’ continuous residence; it does not say in other States a 30-day residence, 
but it says where you are on the 1st of April. And you must apply the facts 
according to the law. 

Q. If ward 5 had 4,200 voters and 4,000 of them lived outside the ward for 

11 months of the year, if they happened to go there on the 1st of April with the 
vowed statement that they were doing it for the purpose of making it their 
domicile, they would have the right to vote there. 

Mr. Feeney. Wait a minute. 

A. That is a ridiculous question. 

Mr. Feeney. It is a hypothetical question, to which I olxiect. 

Mr. O’CoNNEKL. You are always anxious to get in, Mr. Feeney, when I ask a 
question that gets right into the matter. 

Mr. Feeney. No ; I am objecting to the question which your brother is framing 
for you. 

JNIr. O’CONNELL; I. thought you had respect for him which you did not have 
for- 

Mr. Feeney. I have. 

Mr. O'Connell. What is wrong about that question? Is it that you object to 
it because- 

INIr. Feeney. Pardon me. I don’t think you are called upon, and I hope you 
are not called upon, to pass upon all the silly questions my brother has framed 
here. 

Mr. O’Connell. You don’t want him to answer that question. 

Mr. Feeney. Wait a minute. I object to the question. 

Notary Berman. The question is excluded. 

Q. Go ahead and answer the question.—A. I told you that was a ridiculous 
question. 

Q. Suppose it was two witnesses outside who lived outside the ward 11 months 
in the year and came down the last of March and said: “ I am abandoning this 
home, wherever it may be, and I intend to make it in ward 5.” And on the 1st 
of April he lives there, and then he says: “ I am going to change.” And then 
goes back into some other part of the city. Do you mean to say that that man 
has a right to vote in ward 5? 

Mr. Feeney. Wait a minute. I am counsel here for the contestees, and I 
object to further hypothetical questions. 

Mr. O’Connell. That is no hypothetical question. 

Mr. Feeney. I ask for a ruling. 

Notary Mancovitz. There is no doubt it is a hypothetical question. 

Mr. Feeney. I object to it. 

Notary Mancovitz. The objection is sustained. 

Mr. O’Connell. Never mind his objection. Go ahead and answer the 
questions. 




TAGUE VS. FITZGERALD. 


491 


Mr. Feeney. I object, Mr. Notary. 

Notary Mancovitz. Your objection is sustained, 
in I examining this man about what is going on down 

in the \\mid. Go ahead and answer the question. s i uuwu 

Mr. Feeney. You are not asking about what is going on in the ward but 

^Mr Ciet down to the real issue and ask about Tague.’ 

Mi. O Connell Are you afraid to answer that question? 

Ihe Witness. I am not. 

Mr. O’Connell. Then why don’t you answer it? 

Mr. Feeney. Because I object. 

Jlag"" t'SughSr.?"'' and I follow the 

I. ionn?*’ the Fitzgerald flag; is that what vou 

Mr Feeney I oWect. That has nothing whatever to do with the question at 
i„.ue heie, and I think that after eight hours of It my brother ought to start 
asking some questions that are germane to the issue ^ 

Mr O’Connell. If you think you will tire me out by these speeches and 
objections’ you inake a mistake. I will stay here until I finish with this man 

finished two hours ago, but you didn’t know it 
Mr. O Connell. That’s all right. 

JMr. Feeney. In fact, you ought not to have started. 

T ^ about a man who has lived in Beachmont, like Patrick 

J. iIcNulty, for 11 months in the year, but comes iq) to your ward for a few 
nays before election and then goes back to that same residence in Beachmont 
and stays there until the following April and has his wife and childrene there*? 

IMr. Feeney. IVait a minute, please. t-ic. 

the^righC^^^^^^’ school there. Do you say that that man has 

Mr. Feeney. Now, Mr. I.omasney, will you please wait. Mr Notarv I 
tdiject upon the ground that there is no evidence in this case which warrants 
the framing of such a hypothetical question, and I ask for its exclusion 
Notary AIancovttz. The question calls for an opinion. 

Mr. Feenea'. IVill you rule it out or in? 

Notary Mancovitz. The question calls for an opinion, and the opinion of the 
witness IS immaterial to this hearing. I will rule it out. 

Mr. O’Connell. You said this morning that you wanted Congress to get tht*. 
atmosphere. That was your judicial opinion. 

Notary Mancovitz. Yes; certainly. 

IMr. O’Connell. AVell, now, they are going to get the atmosphere from mv 
cross-examination just as much as they are^froni any opinion given when he 
was on the stand under the direct examination of Mr. Feenev, and I am ^oino- 
to get it. ^ 

Notary Mancovitz. I don’t believe you will. 

IMr. O’Connell. Or I am going to*'have you stop me from getting it You 
will do one thing or the other. 

Mr. Feeney. I will do the stopping. 

Mr. O’Connell. You will do nothing of the kind. I will find out whether 
he will be able to give the atmosphere on direct examination and not on cross- 
examination. I want to know about this colonization, and I don’t intend to 
be stopped in my examination of him by any ruling from you, sir, or any 
interference from you [addressing Mr. Feeney]. I am going to find out about 
that colonization, and I shall probe it until I get through. 

Q. Now, Mr. Witness- 

Notary jMancovitz. IMr. AATtness, don’t answer until- 

Mr, O’Connell. What right have you to stop any questions? 

Notary IMancovitz. Mr. O’Connell, when you know your place as a lawyer- 


^v./v4.A. cto Cl. IclWVd-- 

Mr. O Connell. What are you trying to do? To make a vaudeville out of 
this hearing? 

Notary Mancovitz, You are the man that is making the vaudeville. 

Mr. O’Connell. You ought to be ashamed of the word. Your duty is to 
sit there and certify what the evidence is. And don’t you dare stop this 
e\idence, because there is a greater power over you, because you respect this 
Congress of the United States- 

Notary Mancovitz, Of course I do. 

Mr. O’Connell. And everything that you do to keep this evidence out will 
come back to you. 







492 


TAGUE VS. FITZGERALD. 


Notary Mancovitz. That doesn’t frighten me a bit. I know my duty, and 
I shall do it. 

Mr. O’Connell. And Congress, when taking testimony, wants to get that 
testimony and won’t submit or won’t approve of any of these unfair tactics 
which you are trying to invoke. It is getting late,_ and we shall not stop 
here 15.30 p. m.]. Now, I am going to get this colonization and you will not 
stop me. 

Q. Do you know Patrick J. McNulty?—A. Certainly I do. 

Q. Where does he live?—^A. In Lynde Street. 

Q. How long has he lived in that place?—A. I don’t know. 

Q. Do you know that he lives in Beachmont?—A. I don’t know. He goes 
there in the summer time to near-hy places, hut I don’t know where he sleeps. 

Q. Don’t you know that he does not live in Lynde Street except in April?— 
A. I don’t. That is his residence. 

Q. Assuming that Mr. Patrick J. McNulty lives with his family in Beach¬ 
mont, owns his home there, that his children go to school there, that he is a 
member of the Revere Lodge of Elks, that he could not get into that lodge 
without living in Revere, that he comes up into ward 5 on or about the 1st 
of April of each year and lives there until a few days after that date in each 
year, do you maintain that that man has the right to call his residence on 
lynde Street after the 1st of April? 

Mr. Feeney. Wait a minute. There is no evidence in this case which justifies 
the basis of that hypothetical question. And my friend does not know evidently 
anything more about the rules of law than he does about the rules of the Elks. 

Mr. O’Connell. If you were here, you would know that that evidence is 
already in. 

Mr. Feeney. It was put in by the testimony of Mr. Tague last Thursday 
night, and Mr. Tague’s testimony, as I said this morning, was nothing but 
hearsay, and I don’t propose to go into it in this way. 

Q. What do you say to the question? 

Mr. Feeney. I object. 

Notary Mancovitz. The objection is sustained. 

Mr. ci’CoNNELL. Congress will put its seal of disapproval upon you. Con¬ 
gress will tell you what it thinks of stopping this testimony from going in. 
We allowed the widest cross-examination of every witness produced by us, 
and you are doing everything you can to protect your witness. Cross-examina¬ 
tion is for the purpose of getting at the truth, and this effort on your part is 
very unbecoming and very improper, in view of the fact that a congressional 
committee is going to sit in judgment on what is being done here. 

0. Do you know who Mr. Patrick J. McNulty is?—A. Yes, sir. 

Q. He is a member of the Hendricks Club, isn’t he?—A. Yes, sir; I think 
he is a member in good standing. 

Q. And as a member of the Hendricks Club he is also a precinct officer?— . 
A. Yes, sir. 

Q. And during the greater part of the year you know he lives outside of 
ward 5?—A. I do not. 

Q. You are very familiar with ward 5?—A. I try to be as familiar with it 
as I can be. 

Q. You know that during the greater part of the year he lives outside of 
ward 5?—A. I don’t know anything about it. 

Q. Will you say that he did not live there most of the year?—A. I am no 
officer to watch where he lives, or where he doesn’t live. I don’t put myself 
outside a man’s house to watch his affairs. I say he lives on Lynde Street. 

Q. How do you know that?—A. It is common knowledge. How do I know 
that your name is O’Connell? 

(Recess.) 

Q. Now, coming back to Patrick .1. McNulty, where we left our queston; 
Don’t you know from common reput that Patrick .1. McNulty does not live 
with his wife and family on Lynde Street?—A. No, sir; I know from common 
repute that they do. 

Q. When did you hear that?—A. It is common knowledge down there in that 
section. 

Q. Don’t you know that Patrick .1. McNulty’s children go to school down at 
Revere?—A. I don’t know about that. 

Q. Lynde Street is very near where you live?—A. It is in the district, but I 
don’t know- 



TAGUE VS. FITZGEKALD. 


493 


family They attend Jo their buXlranSTYttenS^to^nllnr 

bette°ge\back’to™vUe sJree^ ^11 in the ballot-law hearing that he had 
be ser “eel on him?-A No sir ; " dW not” 

not-mkr^afn ■and'be^enn^^if'^’ ‘"J“S' ^"““'1 become 
takrthem and I tl nt- questions in a way that the stenographers can 

a oostDonemJ^^^ iinH tnT *'PP'’'=«ate that, if he does not object I move for 

a posiponement until to-morrow morning at 10 o’clock. 

o’elo°ck^^' hearing will be resumed to-morrow morning at 10 

lOmr* *"® ‘^‘^•’ourned, to be resumed at 10 o’clock a. m. on Tuesday, March 12, 

Martin M. Lomasney. 

Federal Building, Boston, Mass., March 11, 1919, 

Maiicovitz, Esq. (presiding), and Abraham C. Berman, 
Esq., as notaries public. ’ 

Counsel; Joseph F. O’Connell, Esq., and Arthur Harrington, Esq., for the 

contestee^’ Feeney, Esq., and Timothy P. Callahan, Esq., for the 

Mr. Feeney. Mr. Lomasney, will you take the stand, please? 

Notaiy Mancovitz. Mr. O’Connell, are you ready to proceed? 


MARTIN M. LOMASNEY, cross-examination resumed: 

By Mr. O’Connell; 

Q. Have you brought the list of the Hendricks Club here this morning'?—A 
I have not, sir. 

Q. You received a summons to bring it here, didn’t you?—A. I received a 
summons just as I came in the door. I haven’t read it. 

Q. Ho^v long would it take you to go to the Hendricks Club?—A I do not 
know anything about that. 

Mr. O’Connell. I am willing to suspend this hearing now to give Mr. Lomas¬ 
ney time to go to the Hendricks Club. 

Mr. Feeney. We won’t suspend. 

Mr. O’Connell. IVait, now, please. Wait until I finish. 

Mr. Feeney. Now, be quiet. 

Mr. O’Connell. Wait until I finish. I do not like to be interrupted the very 
first thing, and I ask you as a gentleman- 

Mr. Feeney. Go ahead. 

Mr. O’Connell. To allow me to make my statement without interruption 
from you. 

I ask you, Mr. Notary, to suspend this hearing for 20 minutes, which will 
allo\v INIr. Lomasney time enough to go to the Hendricks Club and get this list 
I have asked, and he has received a subpoena to bring here a list of members of 
the Hendricks Club. That subpoena ought to be honored. It was served by a 
United States marshal. This hearing means a great deal. The list of mem¬ 
bers of the Hendricks Club is extremely essential to prove the colonization. 
Through it we will show you how that ward has been colonized. 

This man has that list with its addresses, and I have asked him in the name 
of the law to bring it here. I am entitled, as an instrument of this hearing, to 
have that testimony before us this morning. Congress is entitled to the infor¬ 
mation, to the fullest information, and I would ask you, sir, in the interest of 
justice, in the justice of an effort to bring out all the facts in thus case, to sus¬ 
pend this hearing to enable Mr. Lomasney to go to the Hendricks Club and bring 
those lists over here to this hearing, so that I may continue my examination 
as to the colonization of that ward, which has been done through the instru¬ 
mentality of this Hendricks Club and its membership. 

Notary Mancovitz. Mr. Feeney, proceed. 

Mr. Feeney. Now, Mr. Notary, the act of Congress provides that the con¬ 
testant, Mr. Tague, should have the right for 40 days to summon in witnesses 
to prove- 

The Witness. May I sit down? 




494 


TAGUE VS. FITZGERALD. 


Mr. Feeney. Certainly. I do not blame you. [Continuing?.] To prove the 
allegations set forth in their bill. Tbe 40 days’ period has expired. The noble 
warrior who has just made his speech had full opportunity, if he had the 
courage, during that period of 40 days to have summoned Mr. Loinasney and 
to have brought him here with his books and his records, if he saw tit so to do. 
But Mr. O’Connell did not do that, for reasons best known to himself. 

Now, then, the rule of law is this: That I have started the hearing in behalf 
of I^Ir. Fitzgerald, the contestee, and I am now offering evidence in his behalf, 
and with all due respect to my friend’s knowledge of the law, neither now^ nor 
at any other time until the 40 days allowed Mr. Fitzgerald shall have expired, 
has he got the right to summons any witnesses of summons the bringing in of 
any book. 

When that 40-day period has expired, then the act of Congress gives him 
the right for 10 days more to bring in evidence in rebuttal to such evidence 
as I may produce. Therefore, I am going to object now to Mr. O’CoiineH’s 
attempt to put in witnesses of his own during the 40 days which is allowed 
to me. Therefore, I object to his subpoenaing any witness, to liis asking any 
witness under a subpoena duces tecum to produce any paper during the periool 
allowed me to present my case, and I therefore object to any suspension of 
this hearing now in order that Mr. Lomasney may go any place. The only 
place I want him to go is back on the witness stand to testify. 

Notary Mancovitz. Your objection is sustained. 

Mr. Feeney. Take the witness stand, Mr. Lomasney. 

Mr. O’Connell. It is very evident, Mr. Notary, that the snarling attitude 
of defiance assumed by Mr. Feeney is due to the fact that Mr. Tague has 
hit the vital spot of his attempt to frustrate the will of the people of that 
district. 

It is a new proposition of law that in cross-examination a man is to be 
denied the right of access to papers that are material to the examination. It 
is a new proposition, novel to the courts, ami probabl.y is the kind of law 
my brother practices. It certainly indicates his knowledge of the law, or lack 
of knowledge of it, when he states in an open court room that we have no 
right to ask a man to bring papers in reference to the subject on which he 
has testified. 

Now, I want to say to you, sir, the list of the members of the Hendricks 
Club is essential to this examination. This it not my witness. This is the 
witness produced here by John F. Fitzgerald. I want to show Congi’ess the way 
in which the will of the people was frustrated. I want to establish the coloni¬ 
zation of that ward, and the way to establish that colonization is to get the 
books of the Hendricks Club, and I am going to get the books of the Hendricks 
Club into this evidence, and I ask that this man be told that he must obey 
the summons that is served upon him. The summons tells him to bring them 
with him, and he should bring them. The Hendricks Club is less than a 
quarter of a mile away from here—maybe a half a mile at the very most—and 
he certainly doesn’t need to plead that he can’t. 

Now, I ask you, sir, to tell him, if you have any desire to have fair play, 
if you have aiiy desire to have this hearing conducted in a judicial manner, 
if you desire to" have the practices of the courts follovred in this hearing, then 
1 ask you, sir, to say to this witness here that be must obey and must honor 
a subpoena issued in the name of the people of the United States of America 
and served by a duly-commissioned officer, a deputy United States marshal. 

I ask you to tell liim to bring forth those books. I am asking it because—I 
repeat again—that this is essential; I want to prove that colonization and 
out of his mouth and out of the lists on those books I will show the coloni¬ 
zation and the manner in which that colonization took place. 

]Mr. Feeney. Nov/, Mr. Notary, I do not want to start him going again, be¬ 
cause he only repeats himself. It is undoubtedly true that the proposition of 
law which I suggested is new to my brother, but that doesn’t change the 
proposition of law at all. Now, he had 40 days within which to issue this 
subpoena. He has 10 days at the completion of our side of the case to again 
issue a subpoena. Therefore, I object to your suspending this hearing now in 
order that a subpoena improperly issued and at an improper time shall be in 
any way carried out. 

Notary Mancovitz. I have ruled your objection to be a proper one, and 
ordered Mr. O’Connell to proceed. 

Mr. O’Connell. When the witness is on the stand, he is always subject 
to a subpoena duces tecum during a suspension of the hearing. 





TAGUE VS. FITZGERALD. 


495 


M\\''FEENEY.‘'‘p"u:a'on Protl>'ce tlmt list?—A. Mr.- 

The Witness. Yes, sir. 
iNtr. Feeney. I oblect. ' 

Q: NotSi.?ffo 

Tlmt i.s nn nn.swer to .vour question!' I am telling you that, sir. 

I to ansNTO^the questToTi'In my own wa!**''’'"’' ^ “PP^ciate your courtesy. 

question ar'to“wi!;ther^rnr,rv:;^, ‘"re^^nW trnr'^^" ' 

the Hemlrioks Olul.-'—-V I thini- ,■} t . P‘0‘''>ce a particular list of 

Of min,,, an., I an" going'tj do'u in 5'-' “y «tate 

niembersl i^oVJhe HemlTckf C?u nnwiHinB to produce the list of the 

at any pal-ticular til^^'ol.^'pla^l"’’'F^tyl rii:;!^'’"? 


out the strict 


at any particular time or 
letter of the law. 

the^afto-lmrsSon? "" “-“'^-ship of the Hendricks Club for 

INIr. Feeney. That I object to. 

Notary IMancovitz. Objection sustained 
Q. Will you? 

Notary Mancovitz. I rule the question out 
Mr. Feeney. I oblect. 

Mn PE™E?%Lnk .™m 

Mr. O’Connell. I am ^?lad somebody called you right 
Mr. Feeney. You take your pick, old boy. 

Mr. O’Connell. I am glad somebody called you riMit 

Oinh »^‘^ny members of the Hendricks 

Club, \^hom I see here this morning, over to get that list'? ^ 

.Mr. Feeney. That I object to. ^ 

Notary M.^ncovitz. Mr. O’Connell, I have ruled that out. 

Ml. Feeney. Pardon me, I object. 

Q. Are you? 

Mr P’EENEY. I 0b.1ect as to wl,ether lie is willing to do it or not 
Notary IMancovitz. Objection sustained. 

Notary Berman. Mr. O’Connell, just one minute. In order that there be no 
misunderstanding, I want it understood, as far as the record is concerned Mr 

IMancoMtz has no right to exclude evidence. You have a perfect riMit to ask 
any question you so desire. i tiiieet ii„ni to ask 

Mr. Feeney. There is another fine little judge turned loose 
Q Do ^mii understand what the notary told you?—A. I know him and I -ive 
that \i eight to his decision of what his standing in the communitv demands*’ 
law’ DinV Notary Berman warn you and state to you the 

i'™we“:^A"'S^Termi:;,^ ^ 

Lomasne.v- A. Mr. Berman will never be asked bv me to 

teipret the law, with all due regard to the admission certificate he has I be- 

,loe®n!ysJt’‘"*’ I H"nk I know as much law’as be 

Q. Is that the way you want to characterize everybody, IMr. Lomasnev'?_A 

the haw^^ characterize you as your viewpoint of my listening to him, to hini, for 

Q. In oBier words, anybody who disagrees with you, you like to belittle and 
besmirch them?—A. No, sir; but I want you- ueiiiiie ami 

Q. AVhy did you characterize this man, Miio is a member and in o-ood stanrl 
mg of the bar?—A. I do not know whether he is or not. " 

Q. You have known Mr. Berman for a good many years?—A. I know his 
reputation in the community, yes; and so does a great many other people His 
reputation and character isn’t on trial. Don’t bring it in. Try this issue.’ 

Q. M by do you want to besmirch-- A. Because you intimate and uphold 

him to me as a great man to follow. Keep him down where he beloiws 

Q. AYhat do you mean by that?—A. MTiy, he has more dignity co'nferred on 
him there than he ever had in his life. ^^liienea on 

Q. A statement of the law that you can answer questions doesn’t require vou 
to niciko sucli illusions to Iiini [is you licivo iiicidG, Mr. Lonicisnoy 







496 


TAGUE VS. FITZGERALD. 


Mr. Feeney. Pardon me, sir. 

The Witness. Pardon me, sir. Yon started it. You start it and put the case* 
up. You understand, Mr. Feeney is the counsel for Mr. Fitzgerald. 

Mr. Feeney. Pardon me, sir. I think we ought to go ahead with this hearing 
now and get over discussing brother Berman. 

Q. Are you willing to leave—to permit John I. Fitzgerald to go to the 
Hendricks‘Cluh and bring over the list of membership? 

Mr. Feeney. That I object to. I do not care what he is willing to do. He is- 
here as a witness to testify, and I do not care what he is willing to do. I 
object to the matter of whether he he willing or unwilling for anybody else to 
do anything other than himself. 

]\Ir. O’Connell. I thought you said yesterday the bars were down. 

Mr. Feeney. The bars are down, so far as the examination of this witness is^ 
concerned, but we are not going to be errand boys for you. 

Mr. O’Connell. You quit cold quicker than any man I ever knew. 

Q. John I. Fitzgerald is in the court room, is he not, sitting right here?—A. 
As far as I can see, he is the only member of the Hendricks Club I know in the- 
court room. 

Q. Now, he beingJiere, aren’t you willing to allow him to go oven there? 

INIr, Feeney. That I object to. 

Q. He is the man you wanted to send to Congress? 

INIr. Feeney. That I object to. 

A. He is just as competent as you were when you were sent there. 

Mr. O’Connell. I am not making any comments. 1 am simply- 

]\Ir. Feeney. Pardon me. I hoped Brother O’Connell would go through in a 
normal condition to-day, but evidently he isn’t going to. I object, Mr. Notary, 
to the’ question as to whether this man is willing or unwilling that somebody 
else should do something, and it has nothing to do with this case. 

Notary Mancovitz. I sustnin the objection on all that line. 

]\Ir. O’Connell. It is another refusal and defiance to permit Congress to get 
at the facts in this case. If you wmnt to keep on defying Congress and its instru¬ 
ment in getting evidence- 

The Witness. I never defy the law^s of my country. I obey them. 

Q. Then, are you willing to assist this hearing in putting before Congress all 
the information about the colonization of w^ard 5 by bringing in here the lists of 
the members of the Hendricks Cluh? 

Mr. Feeney. That I object to. There isn’t anything that wmuld wmrrant the 
inference that the bringing in of the books of the Hendricks Club would indi¬ 
cate in any w-ay about colonization. You have made that allegation. For 40 days 
you have been w’andering far afield from it. Now% I have brought here this wit¬ 
ness. Cross-examine him and prove it, if you can, by him. 

INIr. O’Connell. That is exactly wiiat I am attempting to do. 

Mr. Feeney. The Lord know’S- 

INIr. O’Connell. And let me do it. 

INIr. Feeney. You are not having good luck at it. 

Mr. O’Connell. Because you and he are frustrating it by preventing me from 
getting the information that wmuld convict him. Now% then, I want to see- 
wiiether he is willing to bring that list in at the noon recess. 

INIr. Feeney. I object. 

Notary Mancovitz. He can answ^er the question. Proceed.’ ^ 

]\Ir. O’Connell. Again defying Congress. 

Mr. Feeney. I object. 

]\Ir. O’Connell. And it is very evident and must be very clear- •* 

INIr. Feeney. Go ahead. 

Mr. O’Connell. To any fair-minded man that you are afraid to have the list 
brought in. 

]\Ir. Feeney. Now% I ask that be stricken from the record. 

Notary Mancovitz. That may be stricken out. 

INIr. Feeney. It is simply one of Mr. O’Connell’s speeches, but it isn’t evidence. 

INIr. O’Connell. It is evidence that you are afraid to bring in that list. 

INIr. Feeney. Neither the witness nor myself ever was or ever will be afraid 
of you. That is apparent. 

IMr. O’Connell. You wwe afraid to bring in the list; you are afraid to bring 
in the list. 

Mr. Feeney. For 40 days you did not dare—did not have the courage to put 
this man on the stand. 







tague vs. fitzgekald. 


497 


y«" “ft-aid of? 

ill*. 0 ‘Connell/ oil immaterial. 

tio you iiienn? You are ftohig to onIer'thiu.'J«''-t'*'f“ut. What 
Jlr. Feeney. Pardon me. tlmi^s .stneken out of this reeorcP? 

I'r. FE^EYCl^atalon'mnw'Nofau-y^ 

Notjirj- IPiNooviTz. I liave ruled 
Mr' Pardon me, Mr. Notary. 

thi.s recortrtlm'record wfinli 'uny<irinnnatSaf an F T' "’»» “"y of 

iminaterinl by Congress, and G ,] i^oj'vs'it 5^’? 'f""" be considered as 

Q, Notv, tiien, until tir?ire'conms"m;Hl'‘thVn' ''«"• 

to give you a cliance to In-ing that li4 1, A . 1® "'beii I am going 

lo» the Hag. He is the leadJiA” He is H.e t' unseh^ -‘^”'>vv I fob 

inons was Srvecf on“vou“m!d von*must'obey ® ^ *^be sum- 

nigit, ,io 5am\"nSvv Chal^rK^GahagTe?’-!^ "'b 'bft off last 

do^io?" “’bt be lives at 42 Beaci, Ro^d,'Winthrop, Mass.?-A I 

a ™*ify*of”^es*s“ ‘'^b building depart.nent. 

you. He has been there 

ma^rket ' ' ™'b fron,?-A. I think L votes from the Hotel Hay- 

I i?o nXsW."'’ ‘'b‘' “b "''b* '^'‘bH'rop the best part of the year?-A. 

tinmffjy"} ^mn’ffesHfy.ootbing about it. Conse- 

Q* Voii do know wlioi'G lip votPAs *?_ X t i 

market. ’ ' " ‘ ^ know he votes from the Hotel Hay- 

Q. Do you know Thomas H. Keenan?—A. Yes sir 
Q. Do yon know he lives in Allston?—A. I do not ’ 

Q. Have you ever been to his hom^2.5 Henshaw'^reet, Brighton ?_A. No, 

Haymarker "™"' ™‘b^ I think he votes from the Hotei 

Q. Is he a niemher of the Hendricks Club?-A, No, sir 

A^I wni|j"s^‘ 

Q. Do you know how long he has lived thpi-p*? a t i 

don’t watch him or don’t watch the placp theie?-A. I do not know, sir. I 

wal'bon"' ‘“b"" Kbenan?-A. I have known him since he 

Q. How long do you know him as a resident of ward 5’_4 Therp nnif« 

a histoiy about his birth. I remember the night the youngster was born 
had quite a row, they had quite a row out our way. We were in the room T frnp«f 

: .roVaVZ ?.^^d'“.?f"™^ ^ - I ren?e^l;LrZn.^ 

in?he^w:sTe"nd,1tnd ^ou UnZ tZi a” welP-rLZfr 

Q. You knew where they lived?—A. They lived in the vvpsf pnri t aa^oc • 

his hoiLse in the west end. I haven’t been in his house_ end. I ^\as in 

.y' Vy lif’en’t been in his house in the west end in the last four or five 
years?—A. I never was in his father’s house in Brighton. ^ 

0,11 father’s house was in Brighton?—A. I know his father 

and mother moved several years ago, but don’t know the_ 

122575—19-32 





498 


TAGUE VS. FITZGERALD. 


Q. You know the boy went with them?—A. No, sir; he did not. 

Q. If the hoy says he did, he ought to know, hadn’t he?—A. I know the boy 
votes and lives at the Hotel Haymarket. 

Q. You know the father and mother never lived at the Hotel Haymarket?— 
A. I do not know what they done. 

Q. Have you ever called at the Hotel Haymarket to see IMr. and Mrs. Thomas 
H. 4veenan?—A. No; I never called at Brighton to see Mr. and Mrs. Thomas 
H. Keenan; never was in Brighton to see Mr. and Mrs. Thomas H. Keenan. 
Never saw Mr. and Mrs. Thomas H. Keenan. He isn’t married. Thomas F. 
Keenan was the father. 

Q. Thomas F. Keenan was the father?—A. Yes, sir; pardon me. 

Q. Do you want to tell us that this man lives at the Hotel Haymarket?—A. 
He told you so himself, didn’t he? 

Q. I am asking you, sir.—A. That is the best of my opinion; my knowledge 
and opinion. 

Q. What do you base your opinion upon?—A. I know what the facts are. 

I have read wink he said here. He says he is on the voting list. 

Q. You have been following what is going on pretty closely here?—A. I read 
the testimony of Mr. Tague, and I am prepared to meet that question. 

(y You have read the testimony here?—A. I have read the testimony of Mr. 
Tague. 

Q. You have read the rest of the testimony?—A. Not all of it. 

Q. Followed it pretty closely?—A. I always follow this closely. 

Q. You have had the stenographic report sent to you?—A. Unquestionably. 
Q. And you have gone through it word for word?—A. No, sir; did not have 
time. 

(}. Do you know INIr. Keenan has been summoned here?—A. I did not know 
anything about it. I know he testified. 

Q. Do you know Charles F. Gallagher, about whom I asked-A. Don’t 

know anything about it. 

(y Is Mr. Gallagher a member of the Hendricks Club?—A. I think he is. 
cy Has he spoken to you aliout having been summoned here?—A. No. sir. 
Q. Have you talked with him either on the phone or otherwise?—A. No. sir. 

(y Has he sent any messenger to you?—A. No. sir. 

Q. Asking for advice?—A. No, sir. 

Q. Hav(' you sent word to him?—A. No, sir. 

Q. By anybody?—A. No, sir. 

Q. Have you understood from him or anybody why he did not come?—A. No, 
sir. 

(y Are you willing to advise him to come now? 

]\Ir. Feeney. Wait a minute. I object to any- 

Notary Mancovitz. Objection sustained. 

Mr. Feeney. Willingness or unwillingness with reference to this witness with 
I’eference to some third party. 

Cy Are you willing to advise him to come isow? 

Mr. Feeney. I object. 

Notary M.\ncovitz. 01)jection sustained. 

Q. As treasurer and one of the principal officers of the Hendricks Club, of 
which club—political club—IMr. Gallagher is a member, are you not willing to 
help Congress to secure IMr. Gallagher’s testimony, he having already been sum¬ 
moned to appear here and not having appeared? 

Mr. Feeney. That I object to. It is of no consequence as to whether he is 

willing to advise somebody else or not. Will you- 

cy Wilt you please answer? 

IMr. Fep:ney. I object. 

Notary Mancovitz. Objection sustained. 

Q. Will you please answer? 

Mr. P^EENEY. The question has been ruled out. 

Mr. O’Connell. He can’t rule any question out. 

Mr. Feeney. Oh, we have. 

Mr. O’Connell. You have done lots of things you shouldn’t have done. 

Mr. F’eeney. And lots of thngs we should have done. 

IMr. O’Connell. Lots of things you should not have done. 

Q. Are you willing to answer that question? 

Mr. Feeney. Pardon me, sir. I object to your- 

Notary Mancovitz. I ruled the question out. Ask another question. 






TAGUE VS. EITZGEKALD. 


499 


Notai\\^AL™ovi^ question out. 

Q. Do you know Jolu^ si? 

do not.’“sh"" *“*“ «t 128 Walnut Ayenue, Revei-e?-A I 

Do’^oS .“rr IV ^ *-1- 

home at 128 Walnut Avenue, Revere vesterd-iv^“A“*T ^i™"’ 'I®,'"* ^l°-'''an’s 
about it, sir. i^e\eie, 5 esteulay ?—A. I do not know anything 

yeli^'^"' ^1‘:- Moylan?-A. I have known him for some 

Q. Do you know where he votes from?—A. No sir • I do not 

Q. Do you know that he votes from Causewav Street A T Vm f i 
I would not say. lus-tfua^ Jsneet.'' A. I do not know, sir. 

An.^nv“ 14 Causeway Street ?-A. I do not know sir 

Bo^on GlobrS' M"s‘'Moaan—notice, in the 
Mr. Feeney. I object. 

IMr. O’Connell. In Revere, Alarch 7 
Mr. Feeney. I object. 

Ml. Feeney. The man who would not bring in the dead 

yo?r sSf 

n ^ anything about it, sir. 

requii^s '' ' whenever occasion 

Q. That IS how often?—A. \VelI, it depends on liow hard the tiglit is on 

E” 

E sHEasiSSHiESE—“• 

I don’t want to be positive. ^ ^ ‘ *'* business. 

tlmwestEnd.”*^"'''***’'’ '^^d?—A. A licensed club in 

Q. Purely a liquor club in that ward?—A It is a licenspd pinh if ic t 

fs'^E ^ k^^s“Vd:;'^io/u^^;l’e?e™i^ 

haveimT^ coming here?—A. No, sir; I 

JLr. ar„ "«■ 

Air. Feeney. I object. 

Notary Mancovitz. Excluded. 

Q. Are you ? 

Mr. Feeney’s objection. 

the'sErnkTI^m^ you are on 

A. I know it but I regard his rights in this case. If he says “ obiect ” von 
I c^o^^LtTrSlt'.^d‘proper.'‘‘‘' ^ 

dl^ere“eoi:tpin?orasVtoid'Z'^^^^^^^^^^^ « 

Q. That is not-A. Two giartiators. 

Q. That is the law. Are you willing to answer the questions nut to von nnUor 
cross-examination?-A. I am willing, sir, to answer Iny proper legaf^^^^^ 
that the notary says is within the law. p^^pm legai question 

Q. Do you know James J. Lavien?—A. Yes, sir • yes sir 

Q. Does he work for the city of Boston?—A. l’think he does; yes sir 

he1s.'Vfoi“ k he is; ^ l^nk 


500 


TAGUE VS. FITZGERALD. 


Q. Do you know that he lives with his wife and two small children at 28 
Rodman Street, Jamaica Plain, Mass.?—A. I do not know anything about it, sir. 

Q. Don’t you know he lives in that part of the city?—A. No, sir; I do not. 

Q. Do you know he votes in your ward?—A. I think he does. I am not sure, 
but I think he does. 

Q. And from the Lincoln House?—A. I wouldn’t say so. 

Q. Do you know Mr. Lavien and his wife never lived at the Lincoln House, 
don’t you?—A. I do not know anything about it, sir. 

Q. Are you willing to advise Mr. Lavien that as a citizen of this country, duly 
summoned by law, that he should come here and testify ? 

Notary IMancovitz. Excluded. 

IMr. Feeney. Now, I object. 

Q. You refuse to answer? 

INIr. Feeney. I object. 

The Witness. Talk to the court. Get the order of the court, and I will 
obey. 

Q. Do you say that Mr. Lavien does not live in Jamaica Plain?—A. I say I 
do not know anything about it—where the gentleman lives. 

Q. Do you know James E. McGonagle?—A. Do I know James E. McGonagle? 
Y'es, sir. There are some McGonagles, but I do not know that I know them 
very well. There was some there, but I can’t recall them. There was young 
people. There was a couple of families. I do not know which one. 

Q. I mean James E. JNIcGonagle, jr., of the family now living at 93 Binney 
Street, Roxbury.—A. I may have known them, but I do not recall them quickly. 

I might know the gentleman. 

Q. Don’t you and Mr. Beatty own the house at 93 Binney Street, Roxbury?— 
A. AVe own property on Binney Street, but not that number. 

Q. AATiat is the number?—A. I think we own, if you will pardon me? 

Q. Sure I will pardon you.—A. I do not know the numliers. I am trying to 
think of them. We own three houses right near Longwood Avenue, the left 
as you go up Longwood Avenue, whatever the numbers are. I think it is 
48—50—I wouldn’t say for sure the numbers. I do not want to, but I can find 
that number, you know. 

Q. AVho are the tenants besides Mr. McGonagle?—A. I do not know anything 
about it. I haven’t been there for years. Mr. Beatty looks out for the property. 

Q. Do you know that McGonagle who lives there—James E. McGonagle, who 
lives at 93 Binney Street in one of those houses owned by you?—A. I do not 
think that is so. I do not think—that is wrong. I do not think 93 Binney 
Street is the number, our number. 

Q. Assuming he lives at 93 Binney Street. 

Air. Feeney. We won’t assume anything. 

. Q. We will put the question this way: Do you know the James E. AIcGonagle, 
jr., who lives at 93 Binney Street, Roxbury, who has lived at that house for close 
onto two years, is registered and votes H'om the Alerrill House?—A. I do not 
recall that man, sir. I can not recall that man, sir. I can’t recall that name, sir. 

Q. And, for your further information, he is a post-office clerk.—A. I don’t— 
can’t recall the gentleman. Of course, I know a great many people. 

Q. If you have a tenant by the name of James E. McGonagle there, are you 
willing to advise him to come here and help give the truth as to his registration 
in that ward? 

Air. Feeney. Wait a minute. I object to it. 

Notary Mancovitz. Excluded. 

Q. You helped the ballot-law commission when, it became necessary to bring 
in witnesses that could not be obtained otherwise. Is there any reason why you 
should not help Congress by aiding in bringing in these names that I am 
giving you? 

Air. Feeney. Pardon me. Pardon me. You are not Congress, brother. AVhen 
Congress asks him to do it, he will consider it; but, so far as you are con¬ 
cerned, you are just counsel for Peter Tague. You are not counsel for Con¬ 
gress. 

Air. O’Connell. You don’t mean it? 

Air. Feeney. Not only mean it, but it is time you ought to realize it. 

Air. O’Connell. You don’t mean that? 

Q. You assisted the ballot-law commission in bringing the names into their 
presence—35 or 40 men—after—on the last day of the hearing, did you not?— 
A. I done my duty as I saw it at that time. 



TAGUE VS. FITZGERALD. 


501 


commission^ 1» those men?-A. When the ballot-law 

Mr’ an answer now? 

n ^ them. 

Mi? O^Connelir -e to state it in my own way, 

to you/wr. O’Cmmllll^^^^^ ^ "’“"t to be eonr- 

ye?ter<lay-^make"au7he"inSes\1mt^"^ """ »■»" <'>« 

Now, I will tell %u why »■”" '™>'t--A. I will say yes, I did. 

long periocf*'*^ i liearcf*voV^nil'file ”*!/** t^nHot-Iaw commission for a 
wa.v, ind I saw our vic^us IttnH^ performing In just the same 

this hearinri have invesnUto i L ‘"''e^tigated your own case, but since 

doln St?ee?'^ orthe ^ boards 13 Bow- 

SVnt «„,!?*• voting list, ward 18, precinct 9, 13 Bowdoin Street At 

fhdn<? 1^ Brnntifn “ ® «'‘^'^ted to the constitutional convention, and you were 

Brookline, outside of the congressional district. Now sir when T «!pp 
person, the attorney who has been making all these talks callfng 
people slaves, denouncing these poor people who have no right to do anvthin^ 

sav^-Tm^ T^rn^L^ t’ ^ investigate this question I b^in to 

^ jnstified, am I justified, in view of these examples of what thev do 

iss ■" “■« •“• ■" “* 

Ih?s m tte°samrpla?f?® C^Hahan. to find out that he 

Mr. Feeney. Mr. Callahan is not his attorney 
Mr. O’Connell. Oh, he isn’t an attorney’ 

tha!.‘Vo'1“-wm «■’ better one 

totlnTln w:H„^e"sLr?o"Tlr"Zn^^inJhi;i^^^^^^ 

fr?;rf’''Mf friend?—A. Mr. Cunningham wasn’t my 

p end. Ml. Cunningham was your friend. If Mr. Cunningham was not your 
friend, he never would open that hearing. ^ 

Q. Well, your statement of Mr. Cunningham being a friend of mine—vou say 
you sent your boys out? A. I neyer said—I neyer had any boys to send out 
0. V\ait a minute until I get through asking my questions.—A. Pardon me 
O. lesterday in your testimony you stated that you sent your boys out to 

sir. I neyer used the word “ boys ” I ask 
that the records be read. I object to that word. I do not think I e'yer used 
the word “ boys. 

Q. T will say to you-A. You are asking me to swear to something. I like 

to be advised. . ^ 

Mr. Feeney. He did nothing of the kind, sir. 

Mr. O’Connell. I am not going to bandy words with you sir 
IVIr. Feeney. Have to have good luck to do that. 

Q. What do you say?—A. I said we sent out—I think I said it; that is what ^ 
I said. I did not use the word “ boy.” 

Q. Mhio is “we?”—A. The organization. 

Q. Who is the organization?—A. The members that were around on deck on 
that occasion. 




502 


TAGUE VS. EITZGEKALD. 


Q. Who were they?—A. I can’t recall now. 

Q, Give me some name.—A, I can’t recall now. 

Q. Give me some names. Give me one name.—A. Myself; I was there, any¬ 
way. 

Q. Who else?—A. I don’t recall. 

Q. Give me a sin, 2 :le name.—A. I can’t recall all of them. 

Q. Give me a single name—A. I am giving you my own name. Proceed with 
me—I will- 

Q. Anybody else?—A. I do not recall anybody else. 

Q. You were the only one, as a matter of fact, to send out names to have the 
men come in?—A. I did everything I could to comply with the request of the 
ballot-law commission and bring practically all men they said they could not 

find. , 

Q. What do you mean by trying to put in the inference that others were 
helping you to do it, when you can’t name a single man, can’t bring foith a 
single name?—A. Of course, you recognize this fact, that I, or you, you are in 
your office, you can’t do it all. You have your brother, your brothers, and Mr. 
Feeney has Mr. Callahan. Of course, you know very well at my age I can not 
run around this town. I don’t recall the members of the organization who 
were there when we started out to get them in. I do not remember who done it. 

Q. Can you give me a single-A. I am giving you my name. I am respon¬ 

sible for it. 

Q. In other words, you are the boss?—A. I am not the boss. I am an ordi¬ 
nary 6 o’clock, every-day worker. 

Q. You can’t give us the name of a single associate you have-A. I can’t 

recall at this moment a single man who too part in that proceeding. 

Q. Why don’t you do that same thing now to help the Congress get the infor¬ 
mation from these men who are missing and who have been summoned? 

Mr. Feeney. Pardon me. Congress hasn’t made any such request. We are 
not acting because Congress has directed us to. The statute gives certain peo¬ 
ple the right to proceed under the statute. Congress hasn’t made any request of 
Mr. Lomasney. 

Notary Mancovitz. Excluded. 

Q. Then you are not willing to do the same thing here toward bringing in 
witnesses that you did to bring in witnesses before the ballot-law commission? 

Mr. Feeney. That I object to. It isn’t of any consequence whether- 

Q. Yes or no. 

Mr. Feeney. I object. It isn’t a question as to whether or not he is willing 
to bring in witnesses, because it is no part of his testimony. I am conducting 
this case for Mr. Fitzgerald. I will bring in such witnesses as I choose for Mr. 
Fitzgerald. Mr. O’Connell is counsel for Mr. Tague, and it is his duty to bring 
in witnesses for Mr. Tague. It is no part of the witness’s duty to bring in wit¬ 
nesses for anybody. 

Notary Mancovitz. The objection is sustained. 

Mr. O’Connell. You are very clever, Mr. Feeney. 

Air. Feeney. Thanks. 

Air. O’Connell. In coming to the assistance of Mr. Lomasney at every occa¬ 
sion when we get him onto dangerous ground. Now, I would ask you, sir, in 
the interest of justice and fair play to not interrupt my cross-examination of 
this witness, but allow me to proceed. I want to find out why this man, who 
has the power to bring in witnesses, who showed his power and demonstrated 
it before the ballot-law commission is unwilling to use that same power, and 
that same effort to-day, to bring in those same witnesses before this hearing in 
order that Congress, when it reads the record, may know why these men were 
registered in one \vard of the city, although they lived in other parts of the 
Commonwealth of Massachusetts. 

Mr, Feeney. I wonder if poor Congress has got to read all the stuff you have 
been uttering here. But you did bring in- 

Mr. O’Connell, He said that four times. 

Q. As the result of your efforts, some 35 men, did you not?—A. We—the 
organization—acting in accordance with the suggestion of the ballot-law com¬ 
mission, took the list that Mr. Pedrick furnished me, and so far as the ward 5 
part was concerned, made an effort to locate everybody that was on that list. 

I do not know how many they brought in. I did not count them, I am not sure. 
of it. We done the best we could. They did the best they could. 

Q. Do you know that many of those, names whom you brought in have since 
been summoned to appear here?—A. I do not know anything about it. 







TAGUE VS. FITZGERALD. 


503 


about it, sir. ^ into tliis bearing? A. I do not know anything 

te^ify? ^ ^'illing to ad\ise those men that they should come in here and 
Notary Mancoyitz. Question excluded. 

^^The ^VITNESS, 1-ou know M.-. Feeney has made his objections to that pact 

NotLy MANcoviTz!'ESludech'‘‘“^ youi'self? 

qiiestioiT"’'®"* are you unwilling to answer the 

Notary Mancoyitz. Excluded. 

Mr. Feeney. Pardon me, pardon me; I object 

wanlt? "“"'HUng to help us to get at the truth of the colonization in 

and Mr. O’Connell are now crYing for heln T oh 
ject. Let them proYe their allegations. ‘ ^ ^ ^ ^ 

Mr. O’Connell. Let them proYe their allegations’ 

xr. ^i^-lnction sustained. 

Mr' Feene^^'co witnesses to answer questions? 

Ml. kEENEY. Go ahead. You got your list there—your secret-seiwice list 

MnLtnaCy'? ® re^Poasibillty of these men not coming in here. 

Ml. Feeney. M ait a minute, Mr. Lomasney.- 
Notary Mancoyitz. Excluded. 

O‘'®®PonsibilUy upon you at all, I assure you. 
th?n? “®“ Why don’t you’treat them right, 


^oQ.^^;, Please, waU a -taut.^Many of these men are, as you describe them 

deSnOy?^^^^^ slaxes. It is very evident.—A. We treat them 

Q. Because you treat them as slaves, it is very evident.—A. AVe treat peonle 
ecently. lou can t scare any men of Irish blood by calling them slaves and 

then come up with a little soft talk. You yourself are a mattress voter Yo 
.vourself are a mattress-voter. vuuei. xou 

Mr. Feeneit. You better get somebodv to your aid now 

The Witness. Asking people to be indicted for mattress voting, and vou are 
a mattress voter. " 


Q Let me ask you, what do you mean by a domicile and a mattress voter’— 
A. A mattress voter is a man, in the common parlance, who has a decent wife 
and family in one part of the community and who leaves his decent wife and 
lamily and goes to another part or a section of the city and enters the home of 
anothei decent iierson and stays there without having any disagreement with 
his wif^ or family trouble. That is called, in common parlance, a mattress 
voter You are a mattress voter. Paddy Goggins is a mattress voter, and 
lurnbull—wdio has been running the navy yard—and if they ever investi«-ate 
his the administration of the navy yard, his administration of the navv yard 
under he and Tague, while this selective draft was on, thev will make them 
run, in my opinion, to the wilds of Canada. 

Q. Now, then, you have defined a mattress voter. I want you to give us the 
number—in hundreds—of mattress voters in ward 5.—A. I do not know any of 
them, sir. 

Q. What about the Hotel Royal?—A. I do not know anything about it, sir. 

Q. Are there any but mattress voters in the Hotel Royal?--A. I do not know 
anything about it, sir. I do not know anything about it, sir. 

Q. Do you know where the Hotel Royal is?—A. I think it is on Court Street. 

Q. On -what street?—A. I think it is on Court Street. 

Q. The Hotel Royal?—A. I think so. 

Q. I have in mind—now, you have it fully in mind?—^A. I think that is the 
Hotel Royal. I may be wrong, but I think that is the place. I never was in 
there in my life. 

Q. How many mattress voters are registered from that house?—A. I do not 
know, sir. 

Q. Is it a house you have ever been in?— A., No, sir. I never was in there. 
Never was in there in my life. 

Q. Is Beatty a mattress voter?—A. I do not think he is. 



504 


TAGUE VS. FITZGEKALD. 


(}. Wliere does his respectable wife live?^—A. I don’t know that, sir. 

(}. And where is his respectable home?—A. The Hotel Bellevue is where he 
lives. 

Q. Does his wife live with him?—A. I do not know. 

Q. Do yon know his wife—Dr. Mary Moore—lives at his home at 1402 Com¬ 
monwealth Avenue?—A. I do not know. I never met the lady. I do not know 
where he lives. 

Q. Hasn’t he told you where he lives?—A. No, sir. 

Q, Haven’t you telephoned to him at this home?—A. Never. 

Q. Haven’t you had a telephone conversation with your partner, Mr. Beatty, 
when he was at his home?—A. No, sir. 

Q. Do you know his telephone number in Brookline?—A. No, sir; I do not. 
I know his telephone number elsewhere, but not home. 

Q. Do you know Charles M. Hollander?—A. I know him slightly. If he was 
in a crowd I wouldn’t know him, but I know who he is; but I do not know as 
I would pick him out of a crowd. 

Q. Do you know he lives out in Roxbury?—A. I think he lives in his mother’s 
hotel, down on T^everett Street. 

O. Where is that?—A. The corner of Leverett Street and Causeway. 

O. The corner of T.everett Street and Causeway? What is the name of the 
hotel?—A. Sir, I couldn’t tell you that. 

Q. Do you know his mother, as a matter of fact, lives at 84 Fenway, 64 
Fenway?—A. I do not know where she lives. I know that is the hotel. They 
have a hotel. That is where they live, I believe. T never M’as in the hotel. 

Q. Do you know INIr. Hollander votes in your ward?—A. Well, if you say so, 
sir. I do not know whether he does (^r not. 

Q. Do you know IMr. Hollander has been served with a summons to appear 
here?—A. T do not, sir. 

Q. Have you been in communication with Mr. Hollander?—A. No, sir. 

Q. Or Mr. Hollander’s attorney?—A. No, sir. What do you mean by “ IMr. 
Hollander’s attorney”? 

O. I am asking you if you had-A. Designate who you mean is his at¬ 

torney. 

O. You know who T mean.—A. Tell us. 

Q. Tell us?—A. I am not going to tell you. 

Q. Tell us if you have been in communication with Mr. Hollander’s at¬ 
torney.—A. You ask me if I have talked with INIr. Hollander's attorney. Tell 
me who is his attorney. 

Q. I am asking you to tell me.—A. I do not know. That is a very broad 
question. 

Q. Oh, no. It is a specific question. Have you been in consultation with Mr. 
Hollander’s attorney?—A. State whom you designate as his attorney. 

Q. I will ask you- A. You will never get an answer from me until you do. 

Q. I am not going to bandy words with you, sir. Is he a mattress voter?— 
A. Wbo? 

Q. i\Ir. Hollander.—A. I do not know. Is he a single man? 

Q. Is he a mattress voter?—A. Is he a single man? Then I will give you 
my definition. 

Q. You are not going to ask me any questions.—A. If you made an examina¬ 
tion and have it down there, married or single, black or white, if you have 
those things down there tell me whether it was married or single and then I 
will tell you whether he is what we call a mattress voter. 

Q. Ai’e you unwilling to state whether you have been in consultation with 
the attorney of Charles M. Hollander in reference to his—Hollander’s—^lieing 
summoned to appear here before Mr. Berman as notary, in order to give testi¬ 
mony in this case?—A. If you will designate who you mean is his attorney I 
will answer your question. 

Q. Then, you are afraid to answer that?—A. I am afraid of nothing, sir; but 
I demand a square question. 

Q. You are unwilling to answer it?—A. I demand a square question, and I 
will give you a .square answer. 

Q. Can you state wbether you have been in consultation or not?^—A. How do 
I know wlio IMr. Hollander’s attorney is? I wouldn’t know the man if he sat 
there. You asked me who is his attorney. I may have talked Vith him, in 
the door. Now, give me a straight question, and I will give you a straight 
answer. 




TAGUE VS. FITZGERALD. 


505 


Q. Do yon know Robert K. McCnrdv?—A. Yes, sir 
o' I What do YOU mean? 

O WheT-A^ a “'I* town?—A. I have not. 

I nni not A. I think JMcCnrdy lives on Cnmbridj^e Street. 

W’hnvrx 1 1 iii^iiiber, blit T think he lives on Cambridge Street 

c-init 0 o ? Not ^ '«'ot is hrecinct 0 or 7. I thinh ?t is pre- 

c et 0 01 i J\ 0 t exact, as those lines changed. I think it is precinct 6 or 7 

>oii saj he did not live in Winthrop last vear’^—A I will sav T do 
not know anything about it. How do I know where he lives*?’ As a matter of 
the snmnmr''''I believe he has a summer cottage, where he goes to in 
met h s wife T , net i"”"' ‘'“'yf'V'.'K "liont it. I never went there; I never 
nCTei tiw it ^ ' ‘ anything about it. I never was at his liome; I 


-A. He is active down there and has 


Q. He is one of your precinct leaders?- 
a part in the organization ; yes. sir. 

Q. Do you know he has been summoned to appear here?—A. No, sir; I do not. 

b^bved with Mr. AlcCurdy since the 17th of Februarv?—A. 
les, sir; I have talked with him. 

Q. Haven t you talked with him in reference to this hearing?—A. No, sir. 

^ mean to tell me you haven’t talked to one of your ward leaders a 
Robert K. McCurdy, concerning this contest and the hearing 
Wiih Im, "h -siiioe the 17th of February, althougli you liave talked 

iVil- J- baling that time?—A. I haven't made any allusions to McCurdy. The 

P.iPoi ^ rheumatism and was feeling pretty sick, and he 

^ ^ ^ never talked about this hearing. 

/A 1 ^ talk about going aivay?—A. He spoke something alioiit it 

Q. He has gone away, hasn't lie?—A. But he will be back in time for vou 
■\\iien ,\oiir time comes, if you want him. 

Q. Mill you advise him to come back? 

IMr. F"eexey. IVait a minute, please. 

(h M ill you advise him to come back? 

Notary Mancovitz. Excluded. 

(}. AVill you do your liest to get him back? 

Mr. Fp:exey. That I object to. 

Notary Mancovitz. Excluded. 

Mr. Feeney. It is no part of his business to do anvthing of the kind 

Q. Do you knoiv Jeremiah J. McCarthy?—A. Yes, sir. 

Q. Do you kno\v he liYes at 300 Revere Street, Mlnthrop?—A, I believe he 
lives on AIcLean Street, Boston. 


Q. ^McCarthy, some years ago, had a controversy about the illegal registration 
in ward 8 at that time, did he not? 

Mr. Feeney. That I object to. 

Q. (Continued.) AVith you? 

Mr. Feeney. Pardon me. 

Notary Mancovitz. Excluded. 


iMi‘. O'Connell. Now, I am going to find out if this man isn’t going to answer 
Questions that are pertinent —I want to know it. And if you ivant to take the 
responsibility, sir, of telling him tliat he doesn’t need to ansiver any question, 
then you go ahead and do it. 

Notary AIancovitz. I will take the responsibility, Air. O’Connell, 

Air. O’Connell. All right. You take it. I am going to find out these things 
first. I am here to prove colonization that prevails down there and that has 
prevailed, and I am showing that it is a practice, and I am now going to show 
that this same Jeremiah J. AIcCarthy that we are inquiring about was one of 
the first to uncover practices in that ward, and that as the result of what 
AlcCai-thy did, and the controversy he waged at that time, he was taken into 
camp by Air. Lomasney and was given a position as a court officer that he now 
holds and that Air. AIcCarthy brought to the public attention, and brought to 
Air. Lomasney’s attention, the illegal colonization of ward 5, and whenever the 
word “ colonization ” comes up now, the one man that he blames for turning it 
oi)en to the light of day is AIcCarthy, and do you mean to say I haven’t a right 
to show to Congress how this thing has progressed and how it has prevailed in 
that district, sir? It is the very crux of Aids whole case, and I am going to 
show it isn’t anything new, and that this man is a practiced adept at it, and 
that in his practice he has gone back for sevei’al years. 


506 


TAGUE VS. FITZGERALD. 


INIr. Feeney. Now, ]\Ir. (Miairinnn, it Lsn’t of any more consequence as to 
whether Mr.—yes; he is getting a little bit undignilied. 

Mr. O’Connell. He said “ dangerous.” He said yon were butting in again 
when I was getting Martin on dangerous ground. 

Mr. FteENEY. It isn’t- 

The Witness. He never had me on dangerous ground. 

Mr. O’Connell. Why don’t you tell him to stop butting in? 

Mr. Feeney. He can’t stop me any more than you can. 

Mr. O’Connell. I don’t want to stop you. 

Mr. Feeney. It isn’t of any more consequence, Mr. Chairman—or Mr. Notaiy—it 
isn’t of any more consequence whether Mr. McCarthy at some time previous 
had some investigation than it would be, than it would be, to show there was an 
investigation as to where my friend voted. That has nothing to do with this 
case'. 

Notary Mancovitz. That is why I overruled it. That is my opinion, 

Q. Is Mr. McCarthy a member of the Hendricks Club?—A. Yes, sir. 

Q. Is he a court officer working for Suffolk County?—A. Yes,' sir. 

Q. Did he secure that position through your aid?—A. Well, I think I said a 
good word for him. 

Q. Is he a mattress voter?—A. No, sir. 

• Q. How do you know?—A. He has got no children. 

Q. Oh, do you designate a mattress voter as-A. A man like you—I desig¬ 

nate you a mattress voter. 

Q. You know anything you may say about me, anything-A. And I desig¬ 

nate Patrick Goggins a mattress voter—Tague’s man. 

Q. Let me say anything you can say, anything about me, Mr. Lomasney- 

A. Pardon me. Because you are in the case, and making so much talk about 
the poor men not coming here, and about that you are going to arrest them, 
and all those things. I was amazed, really, when Mr. Feeney brought out and 
I investigated and found you yourself was in the position, and I wondered at 
your audacity in standing up and holding these men and women to ridicule 
when you had such a glorious record yourself as a mattress voter. 

Q. You know I am the father of five children?—A. I am glad of it. I hope to 
God they live and prosper; and that is why you are a mattress voter. If you 
had no children you wouldn’t be called a mattress voter. 

Q. Do you think you are helping Mr. Fitzgerald’s cause by answering these 
various questions that I ask you-A. Pardon me, sir. 

Q. By making an attack on me?—A. No, sir. I told you, Mr. O’Connell- 

Q. Why do you keep doing it?—A. Because you called the people down here 
“ slaves.” 

Q. Yes.—A. Why, because you said they were colonized by the organization. 
I find you yourself, an intelligent lawyer, a man of great ability—I find you, 
that did not depend on politics for a living, who was a Member of Congress, 
who has great capacity—I have found you were doing the very thing you said 
these slaves were doing, these slaves were doing. Then I said, “ Can it be pos¬ 
sible?” And I proceeded to investigate, and lo and behold! here is O’Connell 
doing the job himself. Now, I say you are a practiced, expert mattress voter. 

Q. Now, Mr. Lomasney, you are on the stand and I am asking vou ques¬ 
tions.—A. Yes, sir. 

Q. I hope you will answer the questions.—A. I will try to, sir. 

Q. And not try to divert the examination by any collateral attacks on me.— 
A. Pardon me, sir. I accept your suggestion. Hereafter, sir, I will make no 
more allusions to your mattress voting; but don’t again call them slaves. 

Q. Mr. Lomasney, when I referred to your men being slaves, I meant it; and 
I meant it, sir, because they do what you tell them to do. They go here; they 
go there. I will instance it by Mr. Mancovitz. Mr. Mancovitz will do anjThing 
you tell him. 

Mr. Feeney. Are you asking a question? 

Mr. O’Connell. And any other man that is in your ward that is a member 
of your organization, and I am calling them your slaves, and I am calling you 
their master, and anything you may say about me, about where I vote, anything 
about me has nothing whatever to do with what I have said about you and 
your mastery of that ward. I tell you now that you are the master" of that 
ward, that you have been for 30 years, and that you hold these men in base 
slavery, that you exact from them their homage, and that you make them do 
what you want; and you showed it at the ballot-law commission when you 








TAGUE VS. FITZGERALD. ’ 507 

walked in at the head of 25 or 35, and yon made them testify, when the majesty 
of the Commonwealth of Massachusetts could not bring them in 

Mr. Feeney. Pardon me. 

The Mitness. Now, will you listen? May I answer that? 

Ff.eney. Pardon me, ]\Ir. Lomasney. Pardon me. If my friend says that 
that he is asking, then he is within his rights in putting a question. 

The M iTNESs. My answer is this- 

If it is a speech he ought to be ashamed of him¬ 
self. If it IS a question, answer it. 

The "Witness. Mr. O’Connell, I say to you- 

Q. "What do you say about-A. In response to your question- 

Q. About Charles Hart. I am asking my question myself.—A. I say, in re¬ 
sponse to your question, that these men are no more slaves than the 
men who were associated with you as long ago as the “ red devil ” De¬ 
mocracy of Dorchester were slaves. They brought you from obscurity and 
ga\e you a position in Congress by two or three or four votes. There was 
gia\e doubt whether you were illegally or legally elected, so that you ought 
to realize that and not call young men who raise people, help to raise them from 
ol)scurity to popuarity and prosperity, not designate them as slaves. 

Q. ell, it kind of rankles, doesn’t it?—A. Nothing rankles. 

Q. Nothing rankles? Now, what do you say about Charles Hart? Do you 
know him?;—A. I do not recall that gentleman, sir. 

Q. Don’t recall him? Do you know that he lives outside of the West End?— 
A. I do not know, sir. I know a Charles Hart. I do not know whether that is 
him or not. I do not think it is. 

Q. Do you know he is living at 23 Irving Street, suite 8, and has six chil¬ 
dren?—A. I do not know that gentleman. 

Q. Do you know he is registered and voting from the Lincoln House?—A. I 
do not know anything about it. 

Q. Do you know of any man living at the Lincoln House with six children ?^— 
A. No; I don’t. 

Q. It would be absolutely impossible for the Lincoln House to take in such 
a family?—A. I do not know that, sir. They do some queer things in crowded 
localities. They have five or six children in a bed sometimes. They do that in 
those districts. 

Q. Do you know Edward P. Clark?—A. Yes, sir. 

Q. A great friend of John F. Fitzgerald?—A. I know the gentleman. I guess 
they are friends. 

Q. You know they associate together and are in company a great deal to¬ 
gether?—A. I never saw them in company. I don’t be with them. 

Q. You know he lives in Charlestown ?i—A. I do not know, sir. I think 
Clark let me see—I think Clark keeps a place at the corner of Haverhill Street. 

I do not know where he votes from. 

Q. Do you know he has been summoned to appear here?.'—A. No, sir; I do not. 

Q. Do you know he is chum and associate of brother James Fitzgerald, a 
brother of John F. Fitzgerald?—A. Of course, I do not chum around with them 
much. I do not know, sir. 

Q. You have seen them together?—A. No, sir; I never did. I know Clark 
is a friend of theirs. 

Q. Will you help us to bring him in here? 

Mr. Feeney. Pardon me. 

Notary Mancovitz. Excluded. 

Q. Do you know Hugh Cannon?—A. I know several Cannons, sir, but I do 
not know him. 

Q. Do you know Hugh Cannon who lives in Dorchester—38 Columbia Road?— 
A. There are several Cannons, sir. I can’t recall them. 

Q. Do you know Hugh Cannon, who is registered from 102 Epdicott Street?—• 
A. Several Cannons down there; lived there for years. They lived on Nashua 
Street before the Lowell Railroad was put up. They lived on Nashua Street. 

Q. Do you know he has been summoned and hasn’t appeared ?'—A. No, sir; I 
do not know. 

Q. Will you help us to get him in? 

Mr. Feeney. I object to that. 

Notary Mancovitz. Excluded. 

Q. Will you help us to bring him in, Mr. Lomasney? 

Notary Mancovitz. Excluded. 






508 


TAGUE VS. FITZGERALD. 


Q. Are you going to i>ermit them to allow you to violate the law?—A. IVIr. 
Feeney is the attorney for IMr. Fitzgerald, and I follow the leader with the flag. 
He is conducting the tight. 

Q. Do 5 on know Frank J. IMoylan?-—A. I do not think I know that gentleman. 
I may know him, hnt, of Course, I know one IMoylan, and whether that was the 
other one or not, I do not know. There may he more. I do not think I know 
them. Whether there was a Frank .1., or a J. S., I do not know. 

Q. Who votes from 35 Billerica Street?—A. I do not know, sir. I know 
Mr. Moylan. I do not know two. 


Q. Do you laiow he lives outside of the district?—-A. I do not know, sir, any¬ 
thing about him. Is he a single man or married man? 

Q. Do you know Hymann S. Marks?—A. No, sir. 

Q. Did you ever hear of such a man?—A. Never heard the name before. 

Q. Do ^ou know any of the men who vote from 19 Causeway Street?—^A. 
Well, there is a lot of old-timers down there that have been there for years. I 
do not know them now. They might call my name, some of them, and they 
have been down there for years. 

Q. I will give you a name—Flugh C. McGraw. Do you know him: do vou 
knoAv that gentleman?—A. Yes, sir. 

Q. Is he a member of the Hendricks Club?—A. I wouldn’t be sure, sir. He 
may be. W’^hether he has been dropped- 

Q. Do you know he lives at 29 Mapleton Street. Brighton?—A. No sir I do 
not know w^here he lives. ’ ’ 

Q. You know he don’t live in ward 5?—A. No, sir. 

Q. Don’t you know after he married he moved out to Brighton?—A I do not 
know about that, sir. 


Q. Do you know where he is voting from?^A. No, sir; I do not. 

Q. You know that he is registered from the Hotel Bellevue, don’t vou*>—4 I 
did not kno\v. . . . - . 

Q. Do you knmv he is superintendent of parks—assistant superintendent of 
parks—for the city of Boston?—A. I know he has a job there somewdiere. 

C. lou have known him and his family for a great number of years’^—4 
Knowm him when he lived in old ward 7. . 

Q. They have ahvays been friendly with you?—A. Y^es, sir. 

Q. Hasn’t Mr. McGraw consulted with you in reference to testifying here’_ 

A. No, sir. ' 

Q. Flas he talked to you on the telephone?—A. No, sir. 

Q. Have you sent word to Mr. McGraw by any of his brothers?—A. No sir 

Q. Has Mr. McGraw or any of his brothers conferred with you, or anv’rep¬ 
resentative of yours as to the advisability of testifying here?—A. Not wdth mv 
knowledge, sir. I know nothing about it at all. 

Q. I do not know' wdiat you mean by “ your knowdedge.”—A. You asked me 
a question and put in a lot of other things. 

Q. Are you trying to evade that question?—A. Trying to give vou an honest 
answ’er to an honest question. 

Q. Are you trying to tell the w'hole truth?—A. Absolutely 

Q. Don’t you know word came to you from McGraw^’s family ?—A. From Mc- 
Graw^ s family about this hearing? 


Q. Did you send them wordl —A. No, sir, I did not. ' 

Q. You understand, you remember, of course, you are on the stand under 
oath, as far as that is concerned?—A. Pardon me; I have my senses. 

Q. You understand the full value of wdiat you are stating?—A. TJnquestion- 
ably I know'^ the value of an oath. > 

Q. You say you are 59?—A. I am 59 last September. 

Q. Da you know^ Hugh McGraw'’s brother, Daniel .1. McGraw'’_A Yes sir 

Q Do you know he is registered from 254 Tremont Street, Boston, whereas 
he lives on Mapleton Street, Brighton?—A. I do not know. I think he Is a 
single man. I do not know wdiere he is registered. 

Q. Do you justify the registration of single men in your w'ard, although they 
^ .Pistify the registration of a man wdio legally lives there. ' 
'' hat do you draw' the distinction between married men and single men 
You made the distinction. You asked me to define a mattress vo?er 
Q. Do you know- Thomas F. Lomasney?—A. Yes. 

• "ton” A cousin of mine.' Ho was voting in your ward. He was 

111 ward 20. . . uuo 

Q. hat is he voting in “ your w'ard ” for?—A. Because his ’mother died He 
w'as living out there. She died, and he buried her, and he lived in tow'n. 




TAGUE VS. FITZGERALD. 


509 


Q. Where was he born?—A. Tom Lomasney- 

Mr. Feeney. Wait a minute 

bu^ie Witness. I would just as leave tell. He was bon, i„ Conco.-d or Sud- 

Q. I am asking- you about Thomas Lomasney?—A. Pardon me You know 
him just as well as I do. lue. lou know 

T you where he was born. You say “born in Bo.ston.”—A No sir 

Co^cOTd—Sudbur.,-. I am not sure whether it is 

W^ltbsnyV^n'.^f'’’” "hether It is Concord or Sudbury, Mass., or 

\\ althain. I am not sure. I know it was that way somewheres. 

here?—A^No ^sir'' became of him after he was summoned to appear 

He'^is"^^•etty tbStS'leflo^ ^ •" 

Q. Do you suiipo.se it was as a result of his thrift that he dlsappeni-ed after 
he was summoned to come here?-A. I do not know anything about that 

y. \\as It after conference with you?—A. No, sir. I assure you it wasn’t 
He IS in business down there. 

Q. Have jmii talked with him?—A. I have not; sir. 

guv* Lomasney is a pretty thrifty man, you say?—A. A pretty wise 

Q. It runs in the Lomasney family?—A. Well, not always. We have our 
weaknes.ses, too. 


Q- L[® ^ merchant, 5^011 say? A. He has been in the produce business down 

there for 40 years. 

Q. And pretty well-to-do?—A. I guess he is. I wish I had_ 

Q. Do you know any reason why a well-to-do man should be living at 8 
Bowdoin Street?—A. It is a pretty good place to live. 

Q. Do you think so?—A. Sure. 

Q. You don’t live there?—A. I live pretty near it. 

Q. Now, you know Thomas Lomasney doesn’t live there, too, don’t you?—A 
I think he does live there. 

Q. If he says he did not, he ought to know, hadn’t he?—A. He is the one to 
get. Let him tell the story. 

Q. If he said he did not live there, he knows what he is talking about?_A. 

I don’t think he will say that. 

Q. If he did say it, what would you say?—A. I don’t think he ever said_ 

Q. Would you contradict him?—A. Of course, I know he lives at 8 Bowdoin 
Street. 

Q. AVould you contradict him?—A. He never said so. You know he never 
said so. You know the man. 

Q. You know a lot of things about some people.—A. I know a whole lot about 
myself ; that is all. 

Q. Do you know David J. McCarthy?—A. David J. McCarthy? No, sir; I do 
not. 


Q. Registered at 61 Allen Street?—A. No, sir; I do not. 

Q. Will you help to bring in Thomas F. Lomasney? 

Mr. Feeney. Wait a minute. 

Notary INIancovitz. Wait a minute. 

Mr. Feeney. I obj’ect. 

Q. Thomas F. Lomasney is your cousin?—A. First cousin. 

Q. You could consult with him then- 

Mr. Feeney. Wait a minute. I object. 

Q. If he is living at 8 Bowdoin Street. If he is living at 8 Bowdoin Street, 
he is living very near you, you say, and will you help us bring in Thomas F. 
Lomasney ? 

Mr. Feeney. Pardon me, I object. 

Notary Mancovitz. Excluded. 

Q. Are you afraid to answer these questions?—A. I am not afraid. 

Q. I notice that you overruled Mr. Feeney when the spirit stirs you.—A., 
Pardon me. I did not intend to. 







510 


TAGUE VS. FITZGERALD. 


Mr. Feeney. He did not overrule me, except when you referred to the Nova 
Scotia part, brother. 

Mr. O’Connell. 1 never referred to Nova Scotia. I never used the word. 

Mr. Feeney. Up to that time I had been carrying the flag. 

INIr. O’Connell. It may be a case where there is something in it, if he men¬ 
tions it. 

Mr. Feeney. You sent Mr. Harrington down here. 

Mr. O’Connell. It isn’t so. 

The Witness, l^ou went over to the election board and told them, didn’t you? 

Mr. Hakkington. No, sir. 

'The Witness. You had a record of it in Nova Scotia. Now produce it. 

]\Ir. Hakkington. Not at all. I never told them anything of the sort, nothing 
-of the sort. 

Mr. O’Connell. Y^ou brought the Y ords “ Nova Scotia ” in here. Let me ask 
what do you mean by “Nova Scotia”? 

The Witness. I told you. I heard it explained to me all around town. The 
word came to me that I better look out. They says, “ You were born in Nova 
Scotia. Harrington said so.” You know how those rumors come. 

Mr. Hakkington. It isn’t true. 

The Witness. That you said it. That is all I know. 

Mr. Hakkington. It isn’t true. 

The Witness. I said, “ Let them produce it, anywhere I was born, because I 
was born in South IVIargin Street.” 

Q. You are the one that has lugged the words “ Nova Scotia ” into this thing. 
I never mentioned it.—A. I told you what Harrington was telling around. 

Q. Somebody told you that he told you that?—^A. It is a common story all 
around town. 

Q. Yes.—A. They were calling peo]»le on the phone and saying, “Look out, 
now, they are spreading a story about that you were born in Nova Scotia.” 

Q. Did INIr. Harrington say anything at this hearing about it?—A. I do not 
know. I am telling you what Mi-. Harrington says around the town. 

Q. Have I said anything about you having been born in Novt Scotia?—A. 
No, sir. I said Harrington said it. 

Q. Has there been anything brought in here by Harrington or myself about 
you being born in Nova Scotia?—A. People were calling up on the phone “ Now, 
look out.” 

Q. Then you haven’t—in fairness to Mr. Harrington and myself-A. Yes, 

sir. I want to be fair, Mr. O’Connell, absolutely. 

Q. In fairness to both of us, has either one of us said a word about Nova 
Scotia to you in this hearing room or anywhere?—A. You haven’t, sir. 

Q. Has he ever said anything to you, personally?—A. Not a w’ord, sir. 

cp In this hearing or elsewhere?—A. I haven’t spoken to Mr. Harrington, I 
don’t think, since this row started. 

Q. So whether or not you were born in Nova Scotia has been brought into 
this thing by yourself?—A. Certainly, only Mr. Harrington was spreading the 
story around. I said, “ If you have the record, produce your record.” 

Q. I suppose if you were born in Nova Scotia, you would not be ashamed 
of it?—A. Not a bit. It is a flne country. 

Q. Why bring it in in this way?—A. Only to tell you what your associate 
c^ounsel was talking around the town. 

Q. You haven’t talked with him about it?—A. When you talked about Tom 
Lomasney, I said, “ Now, produce the record.” 

Q. What record are you talking about? 

(Short recess.) 

By Mr. O’Connell. 

Q. Resuming the matter of colonization in wmrd 5, and endeavoring to find 
out all that you know about it, I want to make inquiry of you in reference to 
Charles L. Garvey, who lives at 68 Bakersfleld Street,'Dorchester.—A. Is that 
Garvey the blacksmith? 

Q. That is the fellow.—A. He lives in ward 5 somewheres, but I do not know 
\\ here he lives, exactly. Down in Pitts Street, he has a place of business there 

Q* He votes from 33 Lynde Street?—A. I do not know where he votes from 

Q. You heli>ed him to get the blacksmith work connected with the Are de- 
pai-tment down there, did you not?—A. I do not think I ever did, sir 

Q. Is he a member of the club?—A. Yes, sir; I think he is 



TAGUE VS. FITZGEKALD. 


511 


the patronage in connection with 

him to get lun. any work"in“tie“Lf Sr^ment 
(j. JJid 5011 ever jseiid brother Joe*^—A \o 

I donh^tWiikV*(AwOt course, I do not know what he may have done. 
Lruarve wlmrshP^ Garvey 111 .the tire department. I think I spoke 
not know^ T Qimni was tliere, to give him some jail horses. I do 

n T u anything about the tire department. 

l^e%™tL'1vard7-2‘oh?\'a‘“‘"'^^ 

Isn t It a rule that any man who is a member of the Hendricks Club must 

h e'r\s“";if.rr‘; o“:^:,o‘ that Warav-A. U is a very desirahie thing to Ce' 
Idea IS that no man should be a member of the organization that don’t 


kind 

Q. 

have 

Our 


Q. Garvey says he 
and simply comes to 
Garvey a married or 
Q. Now, you know 


live in the ward. 

Q. That being so, you, to carry out that desirable end, insist on these men 
aving- a voting residence in your ward?-A. No, sir. The men come hi 3 
lej state their residence, and we look them up, and if it is all right we accent 
ai-e decent, proper and law-abiding citizens, we let them in. 
l-iirm' sa.\ that Garvey doesn’t live out in Dorchester?—A. I do not 

not know.* ' "" daytimes, around there nights, so I do 

lives the best part of the year out in Bakerslield Street, 
Eynde Street a tew days before the 1st of Aiiril —A Is 
a single man? 

, , . ^ Garvey.—A. I do not know whether he is or not I am 

only asking you. I thought you had a record of the investigation. 

Q. lou have no right to ask me questions. You are on the stand You are 

U might— ■ ^ **‘'‘'* ‘“-e muling there, and 

11 H' t*’® list that is in tliis record. Do you want to know everything 

^ lat is 111 this record.^ A. No. I do not believe that record amounts to that 

’ thnr Talking about tliat record, I understand 

that Ml. Tagiie laid some men selected or had appointed in some ward going 
through this district with a shield—a shield as United States officers asking 
questions on the war fund, and representing ,that they were inquiring for the 
United States Government, and tlnit Mr. Brogna caught one of those men bv 
rm^ of Ryan, who was a United States official looking up other things 

i hat IS a matter for the proper authorities to look after. 

Q. You are under oath?—A. Yes, sir. 

Q. And you know the penalties of perjury?—A. I know what I said. 

Q. And are you making that statement under oath you just made?_A. I told 

you I understood that was so. 

C" Vou die tiying to avoid it by saying it was understood. Are vou trvin®" 
to avoid perjury by saying that?—A. I don’t avoid nothing, sir. " ‘ ^ 

Q. xVre you trying to avoid perjury by sneaking in that, are you?—A. No * 
I am not; but I am telling you—I asked you a question about the record. 

Q. You have no right to ask me questions, sir.—A. I said that the story was 
that they were United States officers that he appointed who were on the pay 
roll of the United States Government with the badge of the United State's 
Government making inquiries about war soldiers, and asking if fhey were not 
entitled to war funds, and then part of the time doing this dirty work, this 
stool pigeon work for him while on the pay roll of the United States Govern- 
nient. 

.Q. Are you saying that under oath?—A. I am telling 
You want that under oath? 

. Feenjsy. Yes; we will put it under oath. 

, O’Connell. You are not testifying. 

, Fi:ENEY. And we will produce the credential we took away from him, 


you what they sav. 


Q. 

Mr 

Mr 

Mr 
;too. 

Q. Do you wunt to state that under oafh?—A. Mr. Brogna is here. Am I 
not under oath? 

Q. Is this under oath you are stating?—A. I am talking to you. 

Q. You understand the penalties of perjury, don’t you?—A. Let me tell you 
.you are more familiar with the necessity of the penalties of perjury than I am! 



512 


TAGUE VS. FITZGEKALD. 


Q. All right. Bearing that in mind, are you making that as a charge against 
Mr. Tague?—A. I am telling you what I said right here. That man—they say 
this, I am not saying it, I am telling you what I heard. 

Q. Going to get back to somebody else?—A. I am telling you what they say 
about Harrington. I told you about Harrington—I am telling you about this. 
You know what is sauce for goose is sauce for the gander, and when you bring 
in hearsay evidence, you must get hearsay evidence. 

Q. I thought you would get away from that. —A. I am not away from it. 

Q. Trying to get behind somebody else.—A. You keep your eyes on Tague 
there. He will faint pretty soon. I will tear the mask off him before this thing 
is over. 

Q. Well, Mr. Tague has not been obliged to drink eight or nine glasses of 

water this morning to keep from fainting. He shows-A. I am not obliged 

to drink it for fainting. I have an affection of the throat, and you have never 
been able to talk me down, and you are 25 years younger. 

Q. I hope I never will want to. Do you know Joseph Santosuosso who lives 
out at-A. Yes, sir; I do. 

Q. 102 College Road in Newton, right out near Boston College? Do you know 
him very well?—A. I have known the doctor for years. 

Q. He is a doctor?—A. I do not know where he lives. 

Q. He was a doctor then and became a member of the bar?—A. Yes, sir. 

Q. And now a practicing member of the bar?—A. I understand so, sir. 

Q. And a man of some prominence?—A. And a man of ability. 

Q. A man of ability?—A. Yes, sir. 

Q. And you know that Dr. Santosuosso, Joseph Santosuosso, lives with his 
wife and family out near Boston College buildings at 122 College Road, New¬ 
ton?—A. I do not know anything about it. sir. 

Q. Don’t you know he doesn’t live in the Quincy House, Boston?—A. I do 
not know anything about it, sir. 

Q. Do you know he has been voting in ward 5?—A. I think he has; yes, sir. 

Q. Have you talked with the doctor?—A. I haven’t talked with him* in two 
years. 

Q. With reference to his nonappearance here?—A. I haven’t talked with him 
in two years. 

Q. Did you tell the doctor to plead his wife was sick?—A. The doctor don’t 
need any instructions from me to make a plea. He is one of the best lawvers 
in Suffolk County. 

Q. Won’t you answer the question?—A. I did, sir. 

Q. Yes. Did you talk with the doctor that if it came up to having him get on 
the stand, it was better for him to take chances and stay home and allege sick¬ 
ness rather than expose himself to an examination as to his domicile?—A. No, 
sir; I did not. ’ 

Q. Did you talk with him over the telephone in the last three weeks?—A. No, 
sir ; I did not. ’ 

Q. You know Dr. Santosuosso, Lawyer Santosuosso, as the case may be, has 
a family of three or four children?—A. To teU you the truth; I don’t know any¬ 
thing about it. 

Q. You know that before living out in Newton, that he used to live out in that 
ward you so often have taken the pleasure of referring to this morning, ward 
20?—A. 1 do not know anything about that, sir. 

Q. Don’t you know that?—A. 1 do not know anything about that, sir. 

Q. You knew he lived out that way, didn’t you?—A. No, sir; I didn’t. 

Q. Didn’t you have any idea of that?—A. You know the ward 6 part has only 
been in a couple of years. I will tell you something about that, so long as- 

Q. Now, wait a minute. I am asking you about Dr. Santosuosso. 

Mr. O’Connell. Of course, it is very apparent, Mr. Notary, that this man is 
talking for the benefit of the gallery that is assembled in this room, collected 
from the Hendricks Club and other friends. I would like to ask Mr. Berman, 
in the interests of decent conduct of this business, iuasmuch as these outbursts 

of applause and demonstration seem to meet the approval of the notary_Mr. 

Mancovitz—who never says a word to repress these disorders and who smiles 
benignantly on them, showing that they are being perpetrated with his approval, 
if not sanction and inspiration—I am going to ask you, sir, as notary sitting 
in this case, to warn this crowd that has gathered in here that these demon¬ 
strations are unbecoming and that such demonstrations must cease. 

Notary Mancovitz. Mr. O’Connell- 

Mr. O’Connell. I am not talking to you, sir. 






TAGUE VS. FITZGEEALD. 


513 


man liere, Mr. 


ritness until he 


taring, and llot you' ^ 

ing the hearing-. " understand that I am the notary conduct- 

tos^^.osso.-rf‘foUow"lir417 7";"““’ to Dr. San- 

him run the hearing. ' ^lo^^n, and take your place. Let 

M^n'enry Gi77?‘ Yef^r^o’’ “* Henry Gray. Do yoi. know 

Notary Mancovitz. .Just one moment, Mr. O’Connell 

attention” o®Hmofflcefort7etV.'“ ■™'' ''™"’ Gl'’e respectful 

you-have'bee^cafldTon'h^re to ad'yTTTtt; to‘obe7"'’"‘' 

Nota7' Mr.'0’C:n'7e&" *-»"■ Henry Gray? 

^ W, ^ rvh counsel to proceed and you shan’t proceed here 

Mr. O’Connell. We-will proceed. neie. 

The M iTNEss. I hope you won’t drive them out of this thing 

^ suspend this hearing with the'wi 
retracts his insulting remarks. iii uie 

Mr. Feeney. Mr. Notary, in behalf of ^Mr. Fitzgerald and in behalf of Mj- 
Tague so that Mr. O’Connell will realize, perhaps that he haf had 
opportunity to ask all the questions that he has prepared, I would ur-e tlm^ 

with this hearing, because, realh I do not 
think we would enjoy it unless he continues * ’ 

Notary Mancovitz. Mr. Feeney, I won’t let_ 

Mr. O’Connell. If you call it an insult here to call attention to these dpin 
oiistrations in this court room, and if you want to say it is an insult fofine m 
call It to jour attention and to state that they are laughing at these demon¬ 
strations, call It an insult; you do what you please. I will go on with this 
hearing Every time there is a manifestation of disorder in this room 1 
will call It to the attention not only of you, this court, but to all the public 

;b^k'r7.u'ra7,Tb‘ei:i“^;p™[Lr'" "■»*> hI^; 

youreeSf' as^Sy™' here bas been 

catob u^™'tbemi'“' stenographers get a chance to 

Mr. O’Connell. Your bluff- 

Mr Feeney. Wait until the stenographers get a chance to get up with this 
O’Oinimll ^ another one to faint on my hands through Brother 

Q. Is Martin fainting?—A. Not on your life, 
tiine life?—A. I am always alive. I make you sit down every 

Q. The notary is the only gentleman.—A. I will put your own stool nio-pon 
under the table before I am through with him. Do you want me to ?ead 
he letter, Peter? Why don’t you stand up like a man and say yes^ Whv 
cent you stand up and say yes, and be a man, be a man? Defy me defy me 
defy me? Take your seal of confidence off. Don’t be a coward ’ ^ ’ 

Q, Will you please compose yourself, Mr. Lomasney? Will vou nleaa-. 
compose yourself?—A. Pardon me; yes, sir. ^ ^ 

Q. Are you composed enough now to answer questions?—A. I am always com 
posed enough to take care of you. 

122575—19-33 





514 


TA(UJE VS. FirZGKHALI). 


Q. I am not .askiiiii: you to take care of me. sir. I can take care of in>self. 

A. I’ardon me. I withdraw the remark. 

Q. I want yon to distinctly understand-A. Pardon me; I withdraw the 

remark. . , ,, 

Q. Anvthinj? yon may say about me-A. I withdraw the remai K. 

Ha's nothing to do at all with this case.—A. We got into the argiinient. 
I did not want to do that. Pardon me. I am hot, just as you are. 

Q. I don’t wmnt you to say I am hot, as far iis this hearing is concerned, 
because I am asking questions.—A. Excuse me, sir; I beg your pardon. 

Q. Do you know Henry-A. I want to be gentle with you. 

Q. Have you got excited because I started to ask you about Henry Dray . 

A. No. , . n 

Q. Is that wdiat started you on that?—A. No. I am hot, that is all. 

Q. Why did you get so excited?—A. I am not excited. I am cool as a cuciiin 

her. Peter didn't get very excited, did he? _ 

Q. You don’t see anything to get excited about?—A. He lost Ins speech. He 

will lose his smile before he gets through. 

C). You seem to be willing to invoke all the venom you can. the abuse, any¬ 
thing you say about Mr. Tague, and you seem-A. Because he has descended 

to sucii dirty, disreputable tactics. 

Q. Have you tinished in wdiat you had to say about Mr. Tague? A. Yes, sir; 

I am through. . « . • o . 

Are there any other epithets you wmuld like to call him?—A. No, sir. Lar- 

(lon me; no, sir; no, sir. 

O. Have you tinished hurling epithets at him?—A. I am sorry you don t like it. 
(}. I am not asking you, please, to please me.—A. Get the fan, get the fan and 

fan him. , , . 

(}. What do you mean by that?—A. Get the fan and tan him. If he is going 

out, revive him. „ , . , 

Q. Do you think you are adding to the dignity-A. Pardon me; no, sir; but 

you started this kind of procedure. , . , , , 

Q. I am asking you in reference—if you have tinished?—A. I am through. 

(5. Your epithets?—A. I am through noiv. Proceed sir. 

liemarks with reference to Mr. Tague?—A. Proceed ivith Mr. Gray. What 

is the question? . ^ . .u ■. i. 

Q Noiv, ivhen I started to ask you about Mr. Gray, you inter.iected all 
these_A. Now, that is past history. It is in the stenographer’s report; so go 


A. Do 


no 


ahead with Mr. Gray. 

Q. Have you done that simply to get it into the stenographer s record ?- 
you ivant to go anv further with it or go ahead with IMr. Gray? 

Q. Ansiver my'question. Did you make those epithets-A. I made 

epithets. . xt 

(} Or designations of IMr. Tague in order to get it into the record?—A. He 

was there smiling cynically, and I thought I would pass him something to make 

liiiii think. ^ ^ , 

Q. You wanted to make him uncomfortable?—A. He may be uncomfortable. 

I know he is bad enough now. 

Q. And you intend to keep making him uncomfortable in every ivay you can?— 
A I do not want to make any human being iincomfortalile. 

Q. Didn’t you just state you wanted to make him uncomfortable?—A. He wms 
smiling jeeringlv at me. I passed him—it is over. 

Q. Do'you think it is over? Don’t you think he is going to have an inning?— 
A. I am here. You are having your innings. Proceed. 

Q. Have you anything more to say about Mr. Tague?—A. (Continuing.) To 
the question of Mr. Gray; you wanted to do it 10 minutes ago. 

Q. I started with that, and you got in about Mr. Tague.—A. That is history. 
Now proceed with Mr. Gray. 

Q. I want to clean everything off the boards with you.—A. Take everything 
off the board. The board is clear. 

Q. Before I get to Mr. Gray, have you anything else to say about him?—A. I 
have lots to say about him when the proper time comes. 

Q. What do you mean—what do you call the proper time?—A. When you ask 
me the proper questions. 

Q. Why don’t you answer questions when I ask them?—A. Pardon me. I try 
to answer them. 

Q. You have refused to answer any number of my questions this morning.—A. 
I don’t intend to, sir. Of course, Mr. Feeney, acting for John F. Fitzgerald, I 









TAGUE VS. FITZGERALD. 


515 


wLte?him‘to hriu^ I "'"1 -r';®" ' Hurllnirt and 

hnr \vi prolubition, when Mr. Fitzgerald said stop I 

ind he don’t ^In^'i? hi ««l«wful, 

and “I t " «nt It “h «f conr.se, I must follow the leader with the Hag. 

vou'are’w ilin^to ‘>"^*^' 0.18 that Mr. Feeiie.v stopped .you from answering 
an old-timer ' Itestious?—A. 1 think I have done pretty well for 

sta^n/T don’f'iLnI‘‘’®‘i'‘ t>tett.v practiced in it.—A. Never was on the 
O vLllv I *" ‘>tit I am able to take care of you. 

tlm'fidf flam e * ^‘’*^ 1 ^ y®ti are on the stand, when you have 

be a genHmna.^™"'■ ’ "'"®" Pleas’e.-A. I vvant to 

Q. W hen you are not called to order by anybody.—A. You keen stickino- a knifp 
nieetTpe'ifrfug blood is the same, and when two Greeks 

of/^nswering questions to me, that you prefer to 

I wiU D’v In’ ^ answer your questions if you ask me. 

1 ^\ill tiy to. I don t want to do anything that is improper. 

Q. I asked you about Henry Gray?— A. Yes, sir. 

Q. Will you please answer the question ?—A.’ Please repeat it 
Q. I asked you some time ago.—A. Pardon me, sir. What was it? 
reeill if ^ these interruptions-A. I do not 

Gray?^^^ Question originally to you was, if you knew Henry Gray?—A. Henry R. 

Q. Henry R. Gray. Who is he?—A. He is a citizen of ward 5. 

Q. He was prominent in the politics of wmrd 5?—A Yes sir 
Q. He was a precinct officer?—A. I think he was, in old’ward 8, sir. 
that is so ^sir there he wms dismissed for-A. I do not believe 

Mr. Feeney. Pardon me. 

Notary IVIancovitz. Excluded. 

Mr. Feeney. AVait a minute.' 

Notary Mancovitz. Excluded. 

Q. Don’t you think that is so?—A. I do not think so. 

Mr. Feeney. I object. We are not trying Mr. Gray now. 

Mr. O Connell. Every time I get On a little dangerous ground Brother Feeney 
ask aboS^Grav?* assistance. Why are you afraid to let me 

Mr. Feeney. Because I want to get through with this hearing, and I haven’t 
got a rich tinancial interest to pay the stenographer’s bill that is running on 
from day to day. 

Mr. O’Connell. But you have a rich client, haven’t you? 

Mr. Feeney. No ; I haven’t a rich client. 

Mr, O’Connell. I thought he was a multi-millionaire—in Bethlehem Steel 
Mr. Feeney. I do not know where you are getting it, either. 

IMr. O’Connell. AVell, I will do my own worrying. 

Mr. Feeney. I am worried about it. 

Albers ^ though, you won’t have to sue, the same as Mr. 


Mr. Feeney. I assure you I won’t have to sue the same as Brother Albers 
because I never take any chances, ' ’ 

Mr. O’Connell. Then, is it true you held him up last Saturday and made him 
pay before you went on. Is that why you continued the hearing last Friday’ 
Mr. Feeney. Never mind whether it is true or not. I assure you there will 
be no suit brought. 

Q. Do you know Henry Gray votes in your ward?—A. I think he does sir 
Q. Do you know he lives in Jamaica Plains?—A. I do not, sir. 

Q. Do you know whether or not Mr. Gray has been down to your club within 
the last three weeks?—A. I think he has, sir. 

Q. You have talked with him?—A. No, sir; I haven’t. 

Q. Although he has been in the club?—A. Why, no I do not talk to every¬ 
body that comes into the club. We have big quarters. 

No^sD^^^'^ you talk with Henry Gray, who was summoned to appear here?—A. 

Q. Didn’t Mr. Gray go down there and tell you that he had seen me’—A 
No, sir. ' 




516 


TAGUE VS. FITZGEKALD. 


Q. He did not?—A. He did not, sir. 

Q. Did he tell yon what was said?—A. No, sir; he did not. 

Q. Did not?—A. No, sir. 

Q. Are you positive now?—A. Absolutely. 

Q. What did you tell Mr. Gray when you spoke to him?—A. I did not talk 

to him at all. ^ • 

Q. Did you say anything to Mr. Gray about not coming here? A. No, sir; 

I did not. 

Q. Mr. Gray has been prominent in ward 5 politics?—A. He is an active 
worker. 

Q. Yes.—A. Yes, sir. 

Q. And do you know any reason why he should not be here?—A. Of course I 
can’t tell you any reasons. What kind of a question is that for me to answer? 
Q. Have you objection to bringing him in here? 

Notary Mancovitz. Excluded. 

A. You know that Mr. Feeney is the man. 

Q. You brought him before the ballot law commission.—A. I have no objec¬ 
tion personally. 

Q. Henry R. Gray was one of the men you brought before the ballot law com¬ 
mission?—^A. Henry R. Gray appeared before the ballot law commission. You 
and I were fighting; sometimes the whole of us. 

Q. He was one of the men you brought in?—A. Yes, sir. He came in. 

Q. If you brought him into the ballot law commission, why don’t you bring 
him in here? 

Mr. Feeney. Now, wait a minute. 

Notary Mancovitz. Excluded. 

Mr. Feeney. I object. 

Notary Mancovitz. Excluded. 

Mr. Feeney. It is no part of his duty to bring any witness in here. 

Mr. O’Connell. It wasn’t his duty, then. 

Mr. Feeney. He came in. 

Mr. O’Connell. And he brought him in. 

Q. Why don’t you bring him in now, Mr. Lomasney? 

Notary Mancovitz. Excluded. 

Mr. Feeney. Pardon me; that I object to. 

Q. Do you know Edward F. McGinniss?—A. Yes, sir. 

Q. Is he a city employee?—A. I think he is, sir. 

Q. And works in the park department?—A. Works in some department—I 
wouldn’t say the department. 

Q. He lives in Charlestown?—A. I think he lives on Leverett Street. 

Q. Votes fi’om Leverett Street, you mean?—A. Yes. Lives in Leverett Street. 
His mother lives in Charlestown. 

Q. His mother lives in Charlestown?—A. He is a single man. 

Q. Is he a member of the club?—A. I am not so sure about that, sir. I won’t 
say. 

Q. Isn’t he one of the men that has to do with the registration of voters?—A. 
He is an active young fellow^ down there. 

Q. Isn’t he one of the men who, with Mr. Mancovitz, who sits here, and with 
Robert K. McCurdy, who has been summoned to appear, and others, take charge 
of the Lucerne and the Lincoln Houses; and the Merrill House and the Hotel 
Royal and the other places where colonization takes place?—A. Not to my 
knowledge. I do not know anything about that. 

Q. Isn’t Edward F. McGinniss the man who was given charge of the Hotel 
Lucerne?—A. Not to my knowledge. 

Q. (Continued;) Colonization?—A. Not to my knowledge. 

Q. March 31?—A. I do not know anything about that. 

Q. Was he around the Hendricks Club on the 31st of last March?—A. Last 
March? I couldn’t tell you, sir. 

Q. On the 31st of March, a great number of men come around the Hendricks 
Club, do they not?—A. Oh, no ; no ; no ; no ; no. 

Q. Is there any reason why Mr. McGinniss should be there that night?—A. 
Why, Mr. McGinniss or you are privileged to come there any night. 

Q. Was there any reason why Mr. McGinniss should be there? Did he have 
any particular work to do?—A. I did not see him there. I do not know. Y'ou 
better talk with him. You had him here. 

Q. Do you know John A. McGinniss?—A. No, sir; I do not. 

Q. Do you know John Cuneo?—A. No, sir; I do not. 


TAGUE VS. FITZGEKAED. 


517 


Q: BoSo7^A''f;:r^t .i gentleman at all. 

office of To'^liiia *R ^ young fellow who used to be associated in the 

attomej aria“ George Holden Tinkham! 

H^sf ® >» Dyoo?-A. I think he lives in the Crawford 

I-- M^^don. think, 

£sta£aUT 

bee^i inreSXtl’l^lJu^^'fofylll^s^""'-^”*-^* ^ 

Q. Do you know Bernard E. Grant?—A. Yes sir 
Q. He is a brother of John J. Grant?—A. Yes, sir. 

the 
inow 

O pAvn-vo P liuve a summer nome tiiere. 

not G‘““t IS a member of the Hendricks Club?—A. No, sir; he is 

Q. You are associated with Bernard E. Grant?—A. No, sir • I lease him a ledw 
under a good business lease. He settles tor every ton of stone he tak« out “ 
ho^io^l^ handles tlm Republican end of the ward with vou?—A. I do not think 

used to be h’h'ln old ward‘8“ 

Q. Is he on the Republican State committee?—A. I think he was last year 
him.- I sfr"? haveJt seen 

pla'^e." place ?-A. I do not know who was put on in his 

Q. I asked you who you put on in his place?—A. I put on nobody, sir. 

had Grant sign the circular that you had printed for Fietcher*?—A 
FletchL-^^ ^ ^ signed the circular for 

wouldn’t be Printed?-A. I think it was printed in John Marno’s. I 

Q. Who paid the bill?—A. I think I may have paid the bills. That is a matter 
sLretal-y of 

Q. Do you mean the members of the Hendrick Club are paying the bills for a 
Republican candidate for Congress in that last congressional fight‘s—A There 
■ was a hght on for Congress. Fletcher was the Republican candidate ’ There 
was the necessity of every Republican being held in line to divert votes straight 
to the Republican Party, and the man who had charge of the organization and 
I am very certain of the printing part of the organization of our ward, was a 
pretty capable fellow, and I hate to say it but unfortunately that poor fellow 
too, IS dead. He had charge of that whole matter, and he proceeded to do it in 
his own way. He was a very capable man at that work. His name was Frank 
Clair. He handled all that matter, detail, and I had nothing to do with it 
Q. You paid for it?—A. The organization paid the bill, sir. 

Q. You signed the check?—A. There were no checks. ^Ve never have_ 

Q. Who gave the money?—A. Sir? 

Q. AVho gave the money?—A. I think Marno was paid the money. 

Q. By whom?—A. I do not know, sir, whether Clair paid- 

Q. You are the organization treasurer?—A. I am; of course I am. 

Q. Are the man who paid the money?—A. I do not know. I do not know 
whether I gave him that money or gave Clair the money. I am not the ward 
committee treasurer. 

Q. I am talking of the ward committee.—A. That money was paid out of 
the ward committee, a different organization entirely. 

Q. A Democratic ward committee was paying for circulars for the Repub¬ 
lican candidate for Congress?—A. Tliey paid Marno for some circular. I don’t 
doubt it is returned in accordance with the provisions of law. I am telling you 
all I know about it. You can’t expect it any more fiillv, so you won’t lose 
time. 




518 


TAGUE VS. FITZGERALD. 


Q. It was signed by Bernard Grant, the man you lease the ledge to?—A. I 
do not know. The man who had charge of that thing, unfortunately, I say 
I regret it exceedingly; he is dead. 

Q. Have you a copy of that circular?—A. I haven’t, sir. 

Q. Where is it?—A. I do not know. I may have one. I do not recall it. 
Q. Is it in your files?—A. I do not know, sir. ^ .n -k 

Q. Will you look for it when you go back?—A. If I can find it, I will be 

glad to bring it. 

Mr. Feeney. Pardon me. Pardon me. I object. 

Q. Will you bring it in the afternoon, when I resume?—A. Settle it between 

yourselves. . , , ^ 

Q. I won’t settle it. You are the witness.—A. I am following the leader 

with the fla^. 

Q. I have nothing to settle with him. Will you produce it? A. I will do 
what Mr. Feeney says is legal and proper. 

Q. Have you any objection to producing the circular signed and gotten out 
by the Democratic ward committee—signed by Bernard E. Grant, and paid 
for by the Democratic'ward committee, for the election of the Republican can¬ 
didate for Congress, Hammond Fletcher, in that fight? 

Mr. Feeney. He said he had no objection, but I have. It has nothing what¬ 
ever to do with this case. 

Notary Mancovitz. The objection is sustained. 

Q. Who was treasurer of the ward committee?—A. I think James J. Ryan. 
Q. Who was treasurer of the ward committee last year?—A. James J. Ryan. 
Q. Will you tell me why David Mancovitz, who sits here as notary in this 
hearing, signed the report as treasurer?—A. I think it was Ryan. 

Notary INIancovitz. I haven’t been treasurer for 10 years. 

The Witness. I said Ryan. I don’t think that is so. I think it was James 
J. Ryan^—my memory against anybody else’s, but I will bank on my memory. 
Mr. Feeney. Now would be a good time to produce that statement. 

The Witness. I think it is James J. Ryan. I don’t want to mislead you. I 
think it is Janies J. Ryan. 

Q. Is Mr. Mancovitz a member of your ward committee?—A. I think he is, 
sir. Of course, I don’t want to swear absolutely. I think he is, sir. 

Q. Does he hold any office in your organization?—A. Yes, sir. I think he is 
one of the board of directors of the Hendricks Club, also. 

Mr. O’Connell. Well, I will take that up later. 

Mr. Feeney. Finish it now. You have made an accusation here. Now, 
produce the goods. 

Mr. O’Connell. I will put it in when I want to. 

IMr. Feeney. You can’t put it in at any time, because you know it isn’t so. 
Produce the goods. 

Q. Mr. Lomasney, do you know Raymond J. Reynolds? 

Mr. Feeney. Won’t you please put in now that return signed by Mr. Man¬ 
covitz that you and your coterie here say you have got? 

Mr. Daniel O’Connell. We will put it in before the hearing is over. 

]Mr. Feeney. Put it in now, after having had your brother’s help. 

Mr. Daniel O’Connell. He never objected to my help. 

Mr. Feeney. Let us get that return, signed by David Mancovitz. 

The Witness. I think Mr. Mancovitz may be the justice of the peace. 

INIr. Feeney. Of course, the notary that signed it. But they don’t know 
the difference. 

The Witness. I don’t say that is so, gentlemen, but J think he may have 
sworn him. 

Mr. O’Connell. Coming to your assistance again, because he thinks you 
need it. 

]\Ir. Feeney. Trying to explain to you what a document means. 

The Witness. I try to get along in my own way. 

Mr. O’Connell. You are trying to do everything to obstruct this hearing. 
I am trying to speed it up, and I want you, Mr. Feeney, to please desist from 
these continuous interruptions that you are interjecting every time that your 
fancy suggests it. 

INTr. Feeney. Oh, Brother O’Connell, don’t you be worried about me. I am 
taking care of myself. 

Q. I am asking you about Raymond J. Reynolds. Do you know him?—A. 
Yes, sir; I do. 


TAGUE VS. FITZGERALD. 


519 


lives at 52 Powder House Boulevard, Somerville“i*—\ 

he Uws1n%hrcTaSd hSSI" ™"“'' ^ 

wartS^l^Thiylre iTgood Mtowf “luor dealers in your 

Q. I am not saying? anytliiiig against them. You are able to have them 
register 111 your ward?—A. No, sir. 

licenseV^fwe license in your ward, don’t you insist that the 

icensee live and vote in your ward?—A. No, sir; I do not. Why there are 
mm^e rum shops in our ward than in any ward in Boston. 

T ^ 1 ?^^^ same token, there are more rumsellers voting in your ward?—A. 

r? T?^ about that. You have a lot in ward 20, old ward 20 

52%owdPr^Hm3R^^?^ Mr Reynolds lives with his sister—Mrs. ■Gorman—at 

fs th^bPst I^e:^^nolds has testified here. He 

is me nest tellow to know where he lives. 

Q. Do you know Hugh P. Granger?—A. Yes, sir. 

I ao not sir outside of vvard 5 and votes in ward 5?—A. 

mnn" rin club? A. I am not sure. I think he is a single 

^ rv^* tI know whether he is a member of the club or not. I won’t say 

disdiimtimr single-men members of the club?—A. Sure. AVe make no 

his^wiWdii!? ^ ® ^ married and 

is vv ite died, I think. That is \\ hy I made the distinction. 

Q. AVill you aid us to bring him in here? 

Mr. Feeney. Pardon me. 

Notary Mancovitz. Excluded. 

Q. Do you know Abraham Finklestein?—A. No, sir; I don’t. 

^ Q. Let me read you what Finklestein said about his registration.—A. It don’t 
interest me, sir. I do not know him. I do not know the gentleman. If he sat 
here I wouldn’t know him. 

Mr. Callahan. That is in evidence. What is the use of taking up the time, 
Q. (Reading:) Q. Where do you live? ”—A. “I live at 27 Green Street” 

Q, I am reading his testimony.—A. Oh, pardon me. 

T^-S’i Q' What is your name, Mr. Finklestein?—A. Abraham 

Finklestein. 

“ Q. How old are you?—^A.Thirty-six years old. 

“ Q. Where do you live?—A. 77 Savin Street, Roxbury. 

Q- ihat is in waid 16? A. I couldn’t tell you what w^ard it is in, but it is 
111 Roxbury. 

Street do you vote?—A. Down at a lodging house, 75 Causeway 


‘‘(F How did you happen to get there?—A. The people asked me to vote 
there and put your name on the list, something like that. 

” Q. ‘ By people,’ you mean whom?—A. IVell, half a dozen in particular when 
It comes certain times they ask you if you are still going to vote Thev simply 
take care of you. t' jf 

“ W ho are they ?—A. T don't believe I know any of them by name, to call 
them by name. 

“ Q. Members of the Hendricks Club?—A. I suppose they are. 

“ Q. They take care of you that way?—A. Yes, sir. 

C* As a inattei of fact, you lived out there vv^ith your mother in Roxburv'^ 
for 10 years?—A. For 10 years. 

“ Q. And this is the practice you have continued your name in this place all 
this time?—A. l^es. I go down there and they tell me where they will put me 
I don’t go disputing about it or bothering about it.” 

In the cross-examination of the same man by Mr. Fitzgerald’s attorneys he 
said he was asked (reading) : 

“ Q. Have you ever asked your mother to give your name at 77 Savin Street 
or any other place the first of April ? Yes or No.—A. I told her not to give it 
knowing that I would be taken care of dovvui in the W^est End. ^ 

“ Q. WTiere did you sleep at the first of April?—A. AVell, I work nights. 

“ Q. And sleep in the day?—A. I do vv^hen I get home. 

“ Q. Don’t you sleep?—A. I had a couple a couple of hours’ sleep this morning 
I get a little sleep that way. 


520 


TAGUE VS. FITZGERALD. 


“ Q. On April 1 of last year, where did yon g-et a couple of hours’ sleep? What 
T am trying to get at is, you sleep when you go home in Roxhury. Where do you 
consider your voting residence to he, IMr. Finklestein?—A. 75 Causeway Street. 

“ Q. And you asked people there to preserve that as your voting residence?— 
A. I do not believe I have asked them ; I do not l^elieve I did ask them. They 
simply say they will put you there, put you here or put you there, and that is all 
there is to it.” 

Q. Now, to what extent, Mr. Lomasney, is the practice as related by Mr. 
Finklestein, under oath, pursued in the Hendricks Club?—A. Mr. O’Connell, that 
is a plant, and I will guarantee if you will let me cross-examine him, I Avill make 
him acknowledge it in half an hour. He is a plant. 

Q. This evidence that came out is examination.—A. I am telling you he is a 
plant. Your folks—your Tague men probably put him in there. 

Q. That is cross-examination brought out by your-A. You said to me-^ 

Q. Your own attorney.—A. I am only telling you he is a plant, and if you will 
let me cross-examine him, I will make him admit it. 

Q. Do you know him ?—A. No, sir ; I do not. 

Q. So, not knowing the man-A. Yes; he is a liar and he is a knave, and I 

can make him admit it. 

Q. Everybody that makes any charges-A. No, sir; they don’t. There is 

another thing. 

Q. Please wait a minute. 

IMr. Feene:y. Have you tinished your answer, Mr. Lomasney? 

The AVitness. Pardon me. You said something in there? 

IMr. Feeney. Finish your answer. 

The Witness. Let me go and answer your question. Now, hold on for a minute, 
because you read me a long question. I made a note of it. Here is a man you 
summons in here. You are trying to get at the colonization proposition. Y^ou 
summons a man. He is a willing witness. You put him on the stand, and you 
do not make him tell a single man, the name of a single man, that was getting 
him to violate the law. “ How much did you say? Describe the man. Where 
did you meet him?”’ How thoroughly did you go into him? Did you seek to 
get iiim to tell the truth? He said, “I think they might be members of the 
Hendricks Club, “But did you make him describe them? How long he knew 
them? Whether he worked with them, whether he played with them? Of 
course, you did not. That was a cold, cheap plant. 

Q. Now, let us see. Your statement of it and insinuation against a man whom 
you have never seen doesn’t make it so.—A. The statement you read to me; I 
wrote it down here. 

Q. Let me call your attention, along with that, as to where the plant comes in; 

your attorney asked him this question-A, Not my attorney, sir—.John F. 

Fitzgerald’s. 

Q. In cross-examination he said; “ Have you talked with any one else in 
regard to this case since you received your summons?—A. I believe I talked with 
.John I.” Now, then, if there was any plant, it would indicate it comes from 
IMr. .Tohn I. Fitzgerald, your associate, wouldn’t it?—A. I do not think that 
.Tohn I. Fitzgerald was into any plant. I think Finklestein is a plant. There 
are other Finklesteins just the same way. 

Q. Well—A. I say yon had him on the stand, and if I was asking a man a 
question on the stand and he made such a statement as that, I would, if I was 
counsel for Mr. Tague, I would make him tell the man. Who done it the first 
year? Who done it the second year? Who done it the third year? I would 
give him a different examination than you gave him. 

Q. Now, will you bring in the other witnesses and give us that chance or take 
that chance? 

Mr. Feeney. Pardon me. 

A. Tell me who they are. 

Q. I have named them off this morning. 

IMr. Feeney. He asked me the names. 

Mr. O’Connell. I will give them. 

IMr. Feeney. Pardon me. 

The Witness. These names of Finklestein’s, I was talking about—these 
several men. Fiuklestein’s, I was talking about. 

IMr. Feeney. Pardon me. 

Mr. O’Connell. Mr. Feeney to the rescue again. 

Mr. Feenp:y. It doesn’t become part of your duty to produce anybody here, and 
I object to it. 







TAGUE VS. FITZGERALD. 


521 


Q. oil asked me to give you the names, and I will proceed to sav thev are as 

fo loMs . Charles F. Gallagher, Thomas H. Keenan-A. I spoke of the several 

nanies he testified to on in there that he said were members of the Hendricks 
Club. I said, “ Give me the names.” I said, “ You did not ask for their names,” 
and then examine the witness. You did not ask the names and it was a cheap 
phmt. If you let me cross-examine him, I will make him admit it. 

Q. ill you still take the stand that it is a plant simply because you do not 
knoi\ the man who testifies that way?—A. Simply because you—what you read 
to me and I do not know anything about it, and I said, “ You are too successful 
a, man and able an attorney to have such a witness before you without extract¬ 
ing moie than you did, if it was not a plant, and you were told ‘ Don’t go too 
hard on this fellow. We are using him.’ ” That is my view of it. 

Q. I haven’t said much to you. l^ou seem to be all excited over this.—A. Be¬ 
cause I am talking with you on this matter. 

Q. Now, won’t you calm yourself?—A. I am calm now, sir. 

Q. A.nd come down so you can discuss-A. I can discuss it. Proceed. 

Q* Notn , ha\e you got over your excitement?—A. I am never excited. 

Q. You just admitted you were a few minutes ago, weren’t you?—A. I didn’t 
say I was. Let me tell you, sir, the old “ bean ” is always prkty cool. 

Q. What do you mean by that?—A. God Almighty, thank God^ gave me will, 
memory, and understanding, and my old “ bean ” is pretty cool. I am taking 
care of you folks all right. 

Q. You are pretty well satisfied with what you are doing?—A. I am pretty 
well satisfied. And as I look at Peter I get more satisfied. 

Q. Now, Mr. Finklestein—now IMr. Finklestein’s testimony, as I have read it, 
was published in the Boston papers the day on which it was given; it had 
headlines in most of the papers. You have been familiar with that fact now 
for over two weeks. Have you at any time, during those two weeks, made 
any eifort to disprove a word that was said by Mr. Finklestein?—A. I never 
knew it, sir, until you read it just now. 

Q. Didn’t you see it in the papers?—No, sir; I did not. 

Mr. O’Connell. I introduce at this time a copy of the Boston papers with 
Mr. Finklestein’s testimony stated, and called your attention to that fact. 

Mr. Feeney. You will get that “ later on,” I suppose. 

Mr. O’Connell. All right, if you wish, I will proceed and put that in later 
on. Mr. Feeney not objecting, that will go in, and I will resume on Finkle¬ 
stein later on. 

Q. Do you know Michael F. Crosson and William .1. Crosson?—A. I do not 
know. I ain’t sure about them. 

Q. From East Boston. INIichael F. is an engineer?—A. Oh, yes; they live in 
the Revere House. 

Q. (Continued.) City Hall?—A. I’^es, sir. 

, (}. Do you remember the pair of them coming to you and 

mother had been summoned, and asking you what they were 
They never saw me at all, sir; neither one of them. 

Q. Did you ever have any communication with Michael F. Crosson?—A. I 
did not, sir. 

Q. Don’t you know that Michael F. Crosson has lived at lOSS Bennington 
Street, East Boston, with his brother, William .T. Crosson, and their mother, 
and also another brother? Don't you know that?—A. I do not, sir. 

Q. Don’t you know that those two boys lived with their mother in East Bos¬ 
ton?—A. I do not, sir. 

Q. Have you ever known them to live at any house in ward 5?—A. I know 
they vote and they live in the Revere House. That is all I know. 

Q. IWii know they vote in the Revere House?—A. Yes, sir; and live there. 

Q. How do .vou know they live there?—A. Because they are there and be¬ 
cause they do live there. 

Q. Have .vou ever seen them there?—A. Never did. 

Q. No .. 


crying that their 
going to do?—A. 


you won’t tell us that you are sure they live there?—A. I 
swearing that, because I never saw them there. Of course, if it is 


am not 

- c , -,-my eyes 

you want seeing the men there, of course, I never seen them there. 

Q. l’'ou say you know they live there?—A. It is as to how you designate it. 
That is what I understood—the.v live in the Revere House. 

Q. Who told you so?—A. It is a matter of common knowledge. 

Q. Did they tell you?—A. I am not swearing I saw them there. 




522 


TAGUE VS. FITZGEKALD. 


Q. (Coiitinuerl.) Did they tell you when they lived there? A. think one 
Crosson came to me asking me to do him a favor, and I think he told me he 
lived there. 

Q. Is he a member of the club?—A. I do not know, I am sure. 

Q. Are the two of them members of the club?—A. I do not know. I won’t 
be sure. 

Q. Are you willing to tell those men for whom you have done favors that it 
is their duty as American citizens to come in here- 

Notary Mancovitz. Excluded. 

Q. -and testify? 

Mr. Feeney. I object. 

Notary Mancovitz. Excluded. 

Q. Are you afraid to answer the question? 

Notary Mancovitz. Excluded, Mr. O’Connell. 

Q. You know you did not pay any attention to him when he told you he was 
going to suspend the hearing, and now why pay any attention to him, either?— 
A. I try to pay attention to everybody the best I can. We all get hot once in a 
while. 

Q. When he made that? 

Mr. Feeney. All except Joe. He never gets hot. 

The Witness. Well, he has got the same kind of blood. 

Mr. Feeney. Not my kind. 

Mr. O’Connell. Thank God. 

Q. Joseph F. Walsh?—A. Yes, sir. 

Q. Do you know him?—A. Yes, sir; I do. 

Q. Know him very well, don’t you?—A. Yes, sir; I know him pretty well. 

Q. What is his business?—A. I think he works for the city of Boston. 

Q. Don’t you know he does?—A. Yes, sir. 

Q. You helped him to get the position?—A. A good many years ago I think 
I did. 

Q. He is a member of the club?—A. No, sir; he is not. 

Q. You know he lives out in Roxbury with his wife and children?—A. I 
think he lives in Cambridge Street somewheres. 

Q. Whereabouts in Cambridge Street?—A. I couldn’t tell you the exact 
numher. 

Q. You know he is a married man?—A. I do not know that for sure. 

Q. You know he has a child 5 years old?—A. I do not; no, sir. I haven’t 
seen Walsh I haven’t seen Walsh until I saw him at the hearing for prac¬ 
tically five years. 

Q. How does it happen Walsh isn’t a member of the club if you got him the 
position?—A. I will tell you- 

Q. Wait a minute until I finish. Don’t be so anxious.—A. Pardon me, sir. 

Q. How is it that Mr. Walsh, whom you got a position for-A. I didn’t 

mean it, sir. 

Q. In the city of Boston, whom you claim lives at Cambridge Street, doesn’t 
happen to be a member of the Hendricks Club?—A. You know, a lot of them 
fellows, when they get up on the pay roll, they get on one pay roll and get off 
the other. 

Q. Well, he keeps voting down there, you know?—A. Did you get my answer? 

Q. Did you get my question? Will you answer my question?— a" What is 
the other question? 

Q. I said he keeps voting down there?—A. I think he does. 

Q. Well, you know he has been challenged for nonresidence there, don’t 
you?—A. I believe that developed at the hearing. 

Q. Have you talked with Mr. Walsh lately?—A. I have not. 

Q. Why not?—A. Well, I am not dead stuck on Mr. Walsh. 

Q. Why?—A. Pardon me; it is a personal opinion. I don’t want to air my 
personal opinions. 

Notary Mancovitz. Excluded. 

Q. Now I am going to ask you about a man I know you know all about._ 

A. Go ahead, sir. 

Q. Will you tell us all you know about him?—A. Well, say what you have 
to say first. I may not know anything about him. You can’t make a deal 
with me until you put the goods on the table. 

Q. By that you mean what? -A. W^hen you ask me will I do something and 
wish any opinion from me, put your goods on the table and I will tell you. 






TAGUE VS. FITZGERALD. 


523 


Q. Mr. Feeney knows this man. He will tell yon. 

Mr. Feeney. Mention his name. Pardon me_ 

P’ about him and with reference to where he lives’ 

JMr. Feeney. Now, wait a minute. 

Q. Will you? 

Mr. Feeney. That is another- 

Q. Going to do that? 

Mr. Feeney. That I object to. 

""V anything for you, Mr. O’Connell, if I can properly and legally— 

that Mr. Feeney says I can. ^ ^ j s .y 

Mr. Feeney. I object to that question. 

That is the kind of promise you are always giving. 

^ ^ promise and then break it. It is up to the 

^ anything if you tvm gentlemen ask me to do it. 

Q. This man I am going to ask you about is John F. Corcoran.—A. Yes sir 

Q. You know him very well?—A. Yes, sir; I do. 

^ Q. You know him extremely well?—A. Yes, sir; I know him since he lived 
in the same house on Billerica Street, when we were youngsters. 

Q. And known him all his life?—A. That is, I suppose—let me see, I sup¬ 
pose that is oh, I can remember, I was 59 last September. I suppose I can 
remember since I was 7 or 8 years old. I know him ever since. 

Q. You know this: He is in the liquor business over in Charlestown’— 
A. Yes, sir. 

Q. You know he lives at 14 Auburn Street, Charlestown?—A. I do not, sir. 

Q. You know he has a voting residence in ward 5?—A. I know, sir, he lives 
in ward 5. 

Q. Do you know where 14 Auburn Street is?—A. Certainly. I wasjiealth 
inspector there 14 years, and I know all the streets in Charlestown. 

Q. YMu know who owns 14 Auburn Street?—A. No, sir. 

Q. Are you interested in it?—A. Auburn Street? No, sir. 

Q. Are you sure you are not interested directly in that house?—A. 14 Auburn 
Street? 

Q. Yes.—A. No, sir; I have nothing to do with that. That was originally 
his father’s house. 

Q. Do you know that Mr. Corcoran’s furniture and household effects that 
are not down at his summer home at Nantasket are at 14 Auburn Street, 
Charlestown?—A. Mr. Corcoran is a single man. I do not know where his 
summer home is or where any other home is. I know- 

Q. What distinction do you draw about single men? Why did you say he is a 
single man?—A. Because I want to point that out to you, because as an expert 
old-time colonizer yourself you know the requirements. 

Q. Now, you are not going to draw any red herring across the trail. I am 

asking you now about Mr. Corcoran and I intend to keep at it no matter-A. 

Repeat that question. » 

Q. And keep asking until you answer the question after you get through 
referring to me. It don’t make much difference how often. You have done 
that 25 times. I am going to get these answers.—A. We will stay with you. 

Q. Keep it going as long as you please.—A. We will stay with you. 

Q. Now, then, why did you interject that Mr. Corcoran was a single man in 
reference to his registration?—A. .Just came to my mind. My mind operates 
like that [snapping finger]. 

Q. You are a pretty smart fellow.—A. No, I am not; but I am a pretty 
slow fellow. 

Q. And as the result of your statement of Mr. Corcoran being a single man, 
you think you have justified his voting in ward 5?—A. I don’t attempt to 
justify nothing. He is an American citizen, born in the United States, and I 
think he can take care of himself. He is a substantial man. 

Q. Does he come in the class of men whom you claim have a right to choose 
on the 1st of April where their domicile is because he is single?—A. Mr. Cor¬ 
coran was born in the ward and has lived there. 

Q. Won’t you answer my question?—A. Mr. Corcoran was born in ward 5. 
He has lived there all his life, except the time he was in South America. He 
can select his domicile where he pleases, so long as he complies with the law. 
That is my answer. 

Q. Won’t you answer my question?—A. That is my answer. 

Q. I will ask you the question again.—A. Proceed. 





524 


TAGUE VS. FITZGERALD. 


Q. I will ask you to give me a responsive answer.—A. Proceed, sir. 

Q. Is Mr. Corcoran one of those class of men who, because he is single, 
comes within that class that you feel have a right to take their domiciles by 
electing on the 1st of April to vote in ward 5 ?—A. Mr. Corcoran is an American 
citizen and can take his domicile where he pleases. He can abandon one 
domicile and acquire another domicile any time he pleases at any time he 
desires to just the same as you or I or any other American citizen. 

Q. So that is your justitication for Mr. Corcoran living at 14 Auburn Street, 
Charlestown? 

Mr. Feeney. He hasn’t said any such thing. 

The Witness. I never testified to that fact. 

Q. And vote in ward 5, Boston?—A. I never testified to that fact, sir. 

Q. Do you think those two answers that you gave justified what Mr. Cor¬ 
coran has done?—A. I do not try to justify Mr. Corcoran at all. He is able to 
take care of himself. 

Q. -Why doesn’t he come here?—A. I do not know. 

Q. He has talked with you?—A. Not on your life. 

Q. Well, Mr. Corcoran says that he talked with you and you told him that 
he did not need to come.—A. I do not believe that story. 

Q- If you will bring Mr. Corcoran in here and give me a chance to cross- 

examine him-A. You bring Finklestein in first and give me the chance. 

There will be “ even-Stephen.” 

Q. Oh, no, Mr.-.—A. I will put the plant on Peter. 

Q. We have had Mr. Finklestein in here and he has been cross-examined by 
your—you haven’t brought Mr. Corcoran in here to be examined, and you 
haven’t brought in all these, others. 

Notary Mancovitz. It isn’t incumbent- 

Q. Bring them in here and give me a chance. 

Mr. Feeney. Pardon me. 

Q. I will show the planting you have done in colonization in that ward. I 

will show -A. I will show the planting you have done right in your own 

ward. 

yir. Feeney. Pardon me. 

The Witness. Y"ou were a lawyer of standing with a family, and you were 
a mattress voter yourself. 

Q. You have been saying that all.—A. How it hits to get a man who is talk¬ 
ing about people breaking the law to be found a lawbreaker in it himself. I 
do not say it is so. 

Q. M hat are you talking about it for?—A. Because it is such a peculiar 
practice for you to be engaged in, when you are talking about all these other 
men shouldn’t do it. 

Q. Now, please answer my question.—A. Do you want to arrogate that right 
to yourself? Do you want O’Connell to do something because it is O’Connell 
and Mr. O’Connell can do this, and a poor slave can’t do it? 

Q. Excited ag.ain, are you?—A. Not on your life, but I ^rot vou where I want 
you. 

Q. I^ook out.—A. I got the goods on you. 

Q. Nhiw, IMr. Lomasney, you are going to answer my questions.-—A. Pardon 
me, sir. Present your questions. 

Q. I want to know if you are justifying the vote of .Tohn F. Corcoran, your 
particular friend in ward 5, where he does not live, while he does live in 
Charlestown- 

Mr. Feeney. Pardon me. Wait a minute. 

Q. I want an answer to my question, and you can talk about me until the 
cows come home; but after you have got through, you have got to come back 
and answer the questions. 

Mr. Feeney. Now, stop, please. I object on the ground that there is no 
evidence in this case which justifies the assertion that he lives in Charles¬ 
town, this man Corcoran. 

Notary Mancovitz. And the opinion of the witness is immaterial. 

Mr. Feeney. You passed upon my objection? 

Notary IMancovitz. The objection is sustained. 

IMr. Feeney. Do you remember how little Berman used to rule with you. Toe? 

Q. You and IMr. Corcoran have been very, very intimate?—A. Oli l' have 
known him. We were youngsters together. I am a little older than he Is. 

Q. He comes o\er to the Hendricks Club a great deal and confers with vou^— 
A. No; no, he don’t. 







TAGUE VS. FITZGEEALD. 


525 


thekhid^"^^ sending out the lists?—A. No, sir; he has nothing of 

Q. Doesn’t he have charge of sending out the lists?—A. No, sir. 

Ihe mailing lists on which the names are gotten out?—A. No, no, no, no. 

g. He IS very prominent around there at election time?—A. We have a lot 
of prominent men there. 

there are a few prominent men around there. 
Ihey aren t all slaves, you know. 

A ^ o Corcoran charge of the list of names at the Central 
Hmise?—A. The Central House? Where is the Central House? 

Q. lou know?—A. No, sir. 

8' 1^‘^sn’t-A. I dont know anything about the Central House. 

g. Ghaige of the list of A. I do not think he has charge of any house 
except his own. 

Q. What house has he charge of the lists in?—A. I do not think he has 
Charge ot any house except his own house, where he lives himself the same as 
you and I. ’ 

Q* lij doesn t he \ote in Charlestown, where he lives?—A. I have' nothinsr 
to say about that at all. 


Q. Have you ever been to his home, which is given as No. 14 Dillawav 
Street?—A. No, sir. 

Q. No? A. Have I ever been there? I think I was in there once or twice, 
when I looked over the property before I bought it. No. 14 Dillaway Street’ 
before I bought it, I looked it over. ’ 

Q. You own No. 14 Dillaway Street?—A. We have an interest there. 

Q. Wdio is “we”?—.4. Mr. Corcoran and myself. 

Q. That is one of the streets, one of the houses that were owned by you 
for some time and where the city cut through a street up here? 

Notary Mancovitz. Excluded. It is immaterial to this anyway. 

Mr. Feeney. What has that got to do with this, Brother 6’Coiinell? 

Mr. O’Connell. Don’t get worried. You are getting excited. 

Mr. Feeney. Why don’t you come on down to the issue here? 

Q. You know John F. Corcoran never lived in that house at No. 14 Dillaway 
Street?—A. I do not know except what 1 believe. I believe he did. 

Q. Have you ever been to that house, you say that you are interested in 
and that you partly own, and found Mr. Corcoran living there?—A. Mr. Cor¬ 
coran collected the rents from that property. I do not know where he lived, 
anything about it. 

Q. Won’t you answer my question?—A. That is the best answer I can give- 
you. 


Q. Have you ever been to No. 14 Dillaway Street?—A. Not to see his room; 
no, sir. 

Q. You have never seen his room there? 

IVlr. Feeney. If you do not object, I will move Ave adjourn to 2 o’clock. If 
you object, I move we go ahead. 

Notary Mancovitz. We will suspend until 2 o’clock. 


(Noon recess.) 


Martin M. Lomasney. 


afternoon session. 

MARTIN M. LOMASNEY, cross-examination resumed: 


2 p. m. 


By Mr. O’Connell: 

Q. Have you got that list of members of the Hendricks Club?—A. No sir. 

Q. Have you taken any action to bring it here?—A. Acting on the advice of 
counsel, Mr. Feeney, I have not. 

Q. Do you intend to refuse to bring the list of Hendricks Club members 
here? 

Mr. Feeney. Now wait a moment, please; wait a minute. That I object to, 
as to what he intends to refuse. 

Q. Do you intend to refuse to bring the list of Hendricks Club members^ 
here as ordered in the summons given to you to-day by the deputy marshal? 

Mr. Feeney. That I object to. 

Notary Mancovitz. Objection sustained, and note Mr. O’Connell’s exception. 

Q. Will you answer the question? 

• Mr. Feeney. I object, please. 




526 


TAGUE vs. FITZGERALD. 


A. I understand the notary to say the question was ruled out. 

Q. But you are the witness, sir, and I am asking you the question. 

Mr. Feeney. Oh, I still object, if you will pardon me. 

Notary Mancovitz. You need not answer. 

Q. Do you intend to persist in refusing to bring us in this evidence as re¬ 
quested in the summons that was served on you? 

Mr. Feeney. This I object to. 

Notary Mancovitz. The objection is sustained. 

Q. AVill you please answer me yes or no? 

Mr. Feeney. Oh, I object; wait a moment. 

Notary Mancovitz. You need not answer the question. 

Q. Do you refuse to answer? 

Notary Mancovitz. You needn’t ask the question. I have instructed him not 
to answer. 


A. I want to say to you that 59, 61, and 63 Binney Street are the three 
houses I own there. You asked some questions about the numbers this 
morning. 

Q. AVon’t you answer the question that has been—that I asked you, sir? 

Mr. Feeney. The question which you asked I have objected to, and it has 
been ruled out. 


Mr. O’Connell. I want the witness to tell me whether he intends to bring 
in that list or not. 

Mr. Feeney. That I object to. 

Notary Mancovitz. The witness need not answer. You may ask your next 
question. 

Mr. O’Connell. For the purposes of the record I want to show by that list 
that I have summoned in the membership of the Hendricks Club, and their 
participation in the illegal registration and colonization of voters in ward 5, 
the Hendricks Club being the political organization- 

Mr. Feeney. Well, you have gone through that eight different times, 

Mr. O’Connell (continuing). Concerning which there has been examination 
of this witness. I ask that they be brought forth in order that I may be able 
to examine and cross-examine on it. 

Notary Mancovitz. l^our exception will be saved, Mr. O'Connell. 

A. Exhaust your own special forces first; put on your special force and your 
stool pigeons, and let’s dispose of them first, and then we will take the other 
question up. 

Q. I want you to answer my question, sir. Or was that the question? 
Do you think that was the question? 

Mr. Feeney. Wait a moment. 

A. I tell you to bring your force of stool pigeons and finish those first, and 
then we can dispose of you afterwards, and them, too. 

Q. In other words, you are not going to bring in the list. 

Mr. Feeney. Now, I object as to whether he is going to bring it or not 
going to. ’ 

Mr. O’Connell. The witness shakes his head, indicating No. 

Ml. Feenev. Indicating disgust at you. The notary has ruled the question 
out. 


Q. You shook your head in a negative "way. 
that you are-A. Say- 


Do I understand you to mean by 
Mr. Lomasney, pardon me a moment. The notary has 


Mr. Feeney. I object, 
ruled the question out. 

A. He objected to that, sir; and I alwa.vs fodow Mr. Feeney and the flao- 
Q. Now, Mr. Lomasney, inasmuch as you refuse and persist in not brin'gine 
forward that list—By the way, have you got that list with you? 

Mr. Feeney. Wait a minute, please. That I object to. 

Q. Have you got that list of the membership of the Hendricks Club in this 
court room? 

Mr. Feeney. That I object to. 

Q. If you have, sir, I want you to produce it. 

Notary Mancovitz. The witness testified he had no list with him 
Mr. O’Connell You keep your place, sir. I am calling on this witness 
Mr. Feeney. You keep your place, too, sir. 

Q. Give us the answer to that. 

Mr. Feeney. Pardon me. I object 

•Q. Have you got that list of the membership of the Hendricks Club with you? 





TAGUE VS. FITZGEKALD. 


527 


Mr. Feeney. Now, you may answer that question. 

A. No, sir. 

from ?h^’mornhil-T‘®T" hom you tried to divert us 
is all right. ^ ^ remember of trying to divert you at all. He 

Q. You and Mr. Cochrane are very strong friends?—A. Yes. 

Q. lou have traveled to Europe together?—A. Yes, sir. 

yen have traveled elsewhere in this countrv together’—A What has 
that got to do with this question? * ^ . .v. wnat nas 

to^iiirquestiom ^^^^^^ing how well you know him?-A. Well, get down 

\ that you and he are partners in various matters?— 

^ o ? ^ ^ interest in two parcels of property in this city. 

C. \es, and you and he-A. It is no crime-to huv property It is kind of 

low now, but it is no crime to buy it. Pinpeirj . ir is kind of 

to^lpWl -T?" njr ‘.1® crime to you in order that you have got 

to defend it? Does that suggest crime to you?—A. No, sir; but I want to tell 

you the way you are talking. , » , uut i warn; ro ten 

Q. Are you seeking a defense of it, that it is no crime?—A. You sav what 

L^e^nttmat?ng\t 

Q Does that intimate a crime?—A. Certainly does intimate it to me You 

sSwerttu ;r wanfto "* ‘^at 

Q. AVhat did I say?—A. You read the record and vou will find out 

Mr. Feeney. Please don’t attempt to tell him all he said to-dav, or we will 
never get through. 

u ?• 1^‘^ve discussed with Mr. Cochrane this contest 

beDveen Messrs. Tague and Fitzgerald?—A. I haven’t discussed it at all 
Q. At any time?—A. Why, certainly not. 

Q. Never ?^—A. Certainly not. 

Q. Now, you are on oath?—A. Why, I realize that, sir. 

Q. And you know the penalty of perjury, don’t you ? 

Mr. Feeney. There you go again. 

A. AVell, you have known me a long time. 

Q" Do you mean to tell us that you have not discussed with voiir intimate 
associate-A. Why, if you mean- 

Q. (Continuing.) This contest?—A. And you didn’t specifv. You put a pre- 
cise question and I’ll answer it. Yesterday, to-day, or a week ago or a month 
ago r State your precise question. 

Q. I am asking you if you did at any time since it started.—A Of course the 
contest; certainly we talked about the contest. 

Q. Well, now, when was the last time?—A. Oh, I have probably—let me see * 
Vhen "was the election? Oh, I may have talked about it four or five times since 
the election. 


Q. Have you discussed with him whether or not-A. What’s the use of mv 

discussing it? 

Q. (Continuing.) He should come in here to testify when he was summoned 
to appear?—A. Oh, no, sir. 

Q. AVill you try to get him to come in here to testifv? 

Mr. Feeney. Pardon me; I object. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. Coming to the rescue again. 

]Mr. Feeney. Oh, no; but I think you ought to hire somebody else to help vou 
but you are not going to get my witness to do it. . > 

Mr. O’Connell. Coming to his rescue again ; Feeney to the rescue. 

Q. Do you know James Lang?—A. Who, sir? 

Q. Mr. James Lang-A. No, sir. 

Q. (Continuing.) Who lives at 309, Medford Street, Somerville?—A. No, sir. 

Q. And who is registered from 366—36 Billerica Street?—A. I don’t know 
the gentleman. 

Q. Do you know anybody by the name of Lang who votes in your ward?_A. 

No, sir; I don’t recall the name. 

(3. Do you know a Daniel P. McCarren?—A. No, sir. 

Q. Who lives at 100 Princeton Street, Medford?—A. No, sir; I do not, sir. 

Q. Who is registered and votes from the Lincoln House?—A. I do not, sir! 







528 


TAGUE VS. FITZGEKALD. 


Q. Is he a member of the Hendricks Club?—A. I don’t think so. 

Q. Well, do yon know Philip McGonagle?—A. Sure. 

Q. Who lives at 10 Montfern Street, Brighton, Mass.?—A. I know Philip 
McGonagle, sir. 

Q. Yes; and do you know he lives in Brighton?—A. I know he lives on 
Chambers Street. 

Q. Don’t you know that he is a married man-A. I think- 

Q. (Continuing.) And lives-A. You mean Senator McGonagle, ex-Senator 

McGonagle? 

Q. Well, you know Philip J. McGonagle, don’t you?—A. Would you mind 
trying to—I am trying to identify him. 

Q. Do you know a Philip J. McGonagle?—A. Ex-Senator Philip J. McGonagle, 
you mean? 

Q. He is a court officer.—A. Yes, I know that, yes, well. 

Q. Do you know that he has been summoned to appear here?—A. No, sir, 
I do not. 

Q. Hasnt he told you so?—A. No. 

Q. Will you help bring him here- 

Mr. Feeney. Wait a moment. 

Notary Mancovitz. Excluded. 

Q. He is an officer of the Massachusetts superior court, and they sit here 
in Boston, and although summoned by a United States deputy marshal, he 
has not shown up.—A. Well, can I help that? 

Mr. Feeney. Pardon me. The only question now before the notary is as 
to whether or not this witness is going out to drag him here, or help drag him 
here. To more than that I object; that I object to. 

Notary Mancovitz. The question is excluded. You needn’t answer. 

Mr. Feeney. He knows McGonagle hasn’t been summoned. 

Q. Have you talked with McGonagle about this matter?—A. No, sir. 

Q. Do you know that McGonagle, although he lives out at 10 Montfern 
Avenue. Brighton, is registered from 44 (hooper Street?—A. I don’t know 
anything about that. I think he has lived- 

Mr. Feeey. Finish your answer. 

A. [Resumed]. I think he iived in the North End, hut I think he is now 
living in Chambers Street. 

Q. Is he a member of the Hendricks Club?—A. He is not. sir. 

Q. He is prominent in politics, though?—A. Yes, he has represented that 
old district in the senate and the old ward 6 in the legislature and the 
common council, I believe. 

Q. Do you know John D. Feeney? 

Mr. Feeney. Oh ! 

Q. Who lives at 29 Elm Park, Roxbury?—A. I was introduced to that man 
about. I think, a couple of weeks ago; two or three weeks ago. 

Q. What was the occasion?—A. Just accidentally, but I don't know the man. 

Q. Where?—A. Walking along the street. 

Q. Who introduced you?—A. I forget now who was with me, but I think 
I met him on the street accidentally. 

Q. What street?—A. Beacon Street. I was taking a walk. 

Q. Where?—A. Out through Beacon Street. 

Q. Who was with him?—A. I think he was alone. 

Q. Who was with you?—A. I won’t tell you the name of the man who was 
with me. 

Q. Who introduced you to him, then?—A. The man that was with me. 

Q. And you don’t want to tell his name?—x4.. No, sir. 

Q. Did you talk at that time about the fact that this fellow John D. Feeney 
had been summoned and wasn’t coming?—A. No, sir. 

Q. Do you know that he lives at 10 Lynde Street?—A. I do not, sir; I don’t 
know anything about it, sir. 

Q. Are you willing to ask him to come in? 

Mr. P'eeney. Pardon me. 

A. I never spoke to the man but once in my life. 

Q. Are you willing to ask the man who introduced him to you to come here? 

Mr. Feeney. I object. 

Notary Mancovitz. Excluded. 

Q. If he will come in? 

]Mr. Feeney. That I object to. 

Notary Mancovitz. Excluded. 







TAGUE VS. FITZGERALD. 


529 


Q. Do you know Francis J. Gorman?—A.Yes, sir. 

Q. Is he a member of the Hendricks Club?—A. I think he is 
9 : of Boston?—A. I clont’ know, sir. 

not sir^^^ kiiow that his name was voted on at election day--A. I do 

H* Billerica Street?—A. I do not, sir. 

tj. Will you try to get him to come in? 

Hr. P^EENEY. Pardon me. 

Notary Mancovitz. Excluded. 

A ^^ouse with James A. Friel, don't you? 

A. I told \ou that I didn’t know anything about it. 

Q. Do you know where James A. Friel lives?—A. James A. Friel? James 
A. r riel, jr.- 

Q. Yes—A. (Continuing.) Or James Friel, which? 

H Fliel. A. James P^riel lives at 36 Billerica Street, in the house- 

Q. \Uiere does James A. Friel, jr., live?—A. I think he lives—I think he 
li\es there. I think that is the house I used to live in years ago. 

Q. Do you own the house?—A. No, sir, 

Q. Are you interested in it?—A. No, sir. 

Q. Do you know whether or not (Tornian lives in that house with the Friels?__ 

A. I don t know anything about that, sir. I believe they are somewhat related 
I don't know whether he lives there or not. 

Q. You do know that, don’t you?—A. WJiy, certainly. I knew his father; 
knew his father 30 years ago. 

Q. Exactly. 


Hr. P^EENEY. Suppose you take a seat. Hr. Lomasney. 

The WTtness. No, no. All right; thank you. 

Hr. O’Connell. If at any time you feel that you want to, you are at liberty 
to do so without any comment from me. 

The W iTNESs. I thank you. I will take advantage of your courtesy. 

Hr. O’Connell. Understand that. 

The WTtness. Huch obliged to you. 

[Laughter from persons in the court room.] 

Hr. O’Connell, See how easy it is to get a laugh from that mob. 

Q. Do you knoAv Charles D. Celeste?—A, Yes, sir. 

Q. You know he lives at 77 Princeton Street, IMedford, don’t you?—A. I do 
not, sir. 

Q. You know he has lived in Hedford for a long time?—A. I do not, sir. 

Q. He is one of your precinct officers?—A. I think he was a precinct officer 
in that ward at some time, 

Q. Did you know he has been summoned to appear here and hasn’t shown 
up?—A. I did not, sir. 

Q. Do you know any reason why it is that these prominent men are all— 
why all these men who were summoned should have stayed away from this 
hearing?—A. Y"ou can’t ask me to tell another man’s reasons. 

Q. I am asking you if you know any reason?—A. Why, certainly not. 

Q. Do you know Frank J. Callahan, who lives in Cambridge?—A. I know a 
young fellow named Callahan that used to live there years ago. I don’t know 
whether it is the same man you mean or not. He used to run the Callahan 
Ice Co., if that is the man. 

Q. Do you know where he lives in Cambridge?—A. I don’t know, sir. 

Q. And he voted from 3 Allen Street, didn’t he?—A. I don’t know, sir. 

Q. Inasmuch as you know him pretty well, will you ask him to come in and 
testify here? 

Hr. Feeney. I object; pardon me, sir. 

Notary Hancovitz. Excluded. 

Q. Do you know Lawrence J. Follen, of Cambridge?—A. No. Larry Follen 
lives at the Derby House, and I have known him for years. 

Q. Do you know he lives at 254 Brookline Street, Cambridge, and has lived 
there all his life, except when he was interested in the liquor business in 
Boston, since when he has been keeping a voting residence here in order to 
help the'liquor question in Boston? Did you know that?—A, I don’t know 
that, but I do know his place is on Cambridge Street, and I have known that 
for years, and I understood he lived at the Derby House. Of course, I never 
stood there to see whether he went in or went out. I never knew he had a 
residence in Cambridge. 


122575—19-34 






530 


TAGUE VS. FITZGERALD. 


Q. Don’t you know all his family, including himself, have always lived in 
Cambridge?—A. I don’t know anything about the gentleman’s family. I only 
know himself. 

Q. Will you try to get him in here? I will strike that off.—A. I am glad you 
are going to stop that nonsense. 

Q. Well, I’ll state to you, sir, that you may call this nonsense, but it is 
possible that there may be a change of mind on that. I stopped asking that 
question about Mr. Pollen because Mr. Pollen appeared and voted.—A. Stop 
asking me to go and do some things that you know these men are objecting to, 
and they have indicated what our procedure is; that’s all. 

Q. You are the witness, and you are the man I am going to hear a reply 
from.—A. Well, I’m here, and I’m on the job all the time. 

Q. Do you know Robert Silverman?—A. Silverman; Silverman? Was that 
the Silverman that used to be the reformer? He was in that good-government 
outfit. I didn’t know that crowd had got in here. Is that the fellow? Is that 
the Robert Silverman? 

Q. Do you know a Robert Silverman- A. I know a Robert Silverman. 

Q. Who lives in Revere?—A. No; I don’t know where he lives. There used 
to be a Robert Silverman a good many years ago in the Good Government 
Association. 

Q. Lives at 50 Allison Road, or Allerton Road, Revere, and votes from 32 
McLean Street?—A. I know there was a Robert Silverman, and I don’t know 
whether that is the gentleman or not. but I don’t know where he lives. 

Q. Will you try to get him to come in here? 

Mr. Peeney. Oh, cease; cease. 

A. I thought you were going to stop that. 

Q. Don’t fool yourself.—A. Oh, go ahead. I don’t object. 

Q. Don’t fool yourself; not for a minute. Do you know John P. IMeehan?— 
A. That sailor, the young fellow that come in at the ballot law commission? 

Q. Yes; the sailor you brought there into the ballot law commission.—A. 
Sure; yes, I know him since he was born. 

Q. Will you bring him here? 

Mr. Peeney. Pardon me. 

Q. You succeeded in bringing him into the ballot law commission when the 
sergeant at arms couldn’t find him. 

Mr. Peeney. Pardon me. 

Q. Will you now try to bring him in so that Congress may have the value of 
his testimony? 

Mr. Peeney. I object. 

Notary Mancovitz. Excluded. 

Q. Do you know James P. Brown?—A. No, sir. 

Q. Do you know a James P. Brown who registered from tlie Hotel Lucerne?— 
A. No, sir. 

Q. Do you kno\v Edward J. Mulvihill, who lives in Caml)ridge?—A. No, sir. 

Q. And who is a bartender?—A. No, sir. 

Q. And who registers from 31 Lynde Street?—A. No, sir. 

Q. A man who has 10 children?—A. He is a good one, ain’t he? 

Q. Well, if he is good, for that reason he is ten times as good as you are.—A. 
Yes; that’s right, but I meant he ought to go in Roosevelt’s class. 

Q. And that all those children go to the parochial school in Cambridge near 
his residence on Broadway; although he lives with the—with his wife and 10 
children, he still votes at 31 Lynde Street, Boston. Do you know that man?— 
A. I don’t know the gentleman; no, sir. 

Q. Do you know Philip J. Doherty of—registered in—who lives in Charles¬ 
town?—A. I knew a Philip J. Doherty who lived down in Milton Street years 
ago, but I don’t know where he is now. 

Q. Have you seen him lately?—A. No, sir. 

Q. I have reference to the Philip J. Doherty who boarded at 73 and 75 
Causeway Street—the Lincoln House.—A. Well, I don’t know the gentleman, 
sir. 

Q. Do you know the Hotel Lucerne?—A. Yes, sir. 

Q. That is one of the houses that are affected by the “ true-name ” law, 
is it not?—I think every house in the city that comes under certain pro¬ 
visions of law are affected by the “ true-name ” law. 

Q. You have been active- 

Mr. Peeney. Pardon me. 

Q. In trying to get the “true-name” law repealed, have you not? 




TAGUE VS. FITZGEKALD. 


531 


Mr. Feeney. Oh, cease; cease. 

A. I have not. 

(>. Your three representatives- 

Mr. Feeney. Wait a moment; I object. 

Q. In the legislature- 

Mr. Feeney. To that I object. 

Q. In the legislature have attempted— 
Notary Mancovitz. Excluded. 

Q. To do so, have they not? 

Mr. Feeney. I object. 


Notary Mancovitz. The objection is sustained, Mr. Feeney. 

Mr. P’eeney. Now. you needn’t answei-, Mr. Lomasney, and I will ask you 
not to, so that we may shorten this record. 

Mr. O’Connell. I am going to show- 

Mr. Feeney. Another si)eech. 

Mr. O Connell. The signiticance of the true-name law and this man’s 
organizations activity in it. The true-name law, so called, is for the pur¬ 
pose of- ^ 

The Witness. May I sit down a while? 

IMr. Feeney. Sure; go ahead and sit down. 

Notary Mancovitz. Yes; you can sit down. 

Mr. O’Connell. I have a few questions to ask you. 

I he A\ iTNEss. I thought if you were going to give tlie true-name law I 
Avould sit down and then come up again. 

Mr. O’Connell. Well, you had better think again. 

The Witness. Thank you, sir. 

Q. You know what the true-name law is?—A. Do I know‘s No- I haven’t 
read it. ‘ ’ 


Mr. Feeney. Wait a moment; I object. 

Notary Mancovitz. That is immaterial. 

(}. Do oil know that the effect of tlie “true-name” law is that every man 
and woman who goes to a hotel must give their true names when thev register‘d 

Mr. Feeney. That I object to. ‘ ‘ 

Notary Mancovitz. Objection sustained. 

Q. Nov, that has meant that men giving fictitious names with women can not 
any longer go to these houses.—A. It is going to he prettv hard on us old timers 
ain’t it? ’ 


Q. Now, sir—now, tlien, sir, in order that these houses in this district where 
this registration is concerned may be allowed to pursue their practices of the 
past, have you not been interested in changing that law in this year’s legisla¬ 
ture, and have you not, in your activity, induced your three representatives, 
under the leadership of .lohn I. Fitzgerald, to lead a fight for the change of 
that law, which was jiassed last year, and is it not a fact that as a result of 
the fight which they waged in the legislature in the lower house there was 
but seven votes cast for the change of that law back to its original form, and 
the seven votes were the votes of the three men whom you send from your 
ward 5, Janies H. Brennan, your friend who has been here at these hearings, 
from Charlestown, and two others or three others, who are also friends of 
yours throughout the great State of Massachusetts- 

IMr. Feeney. Now, wait a minute. 

Q. And that the total vote was 200 and some odd to 7? 

Mr. Feeney. Now, wait a minute, please, if you have finished. 

Q. Will you answer that question “ yes ” or “ no ”? 

Mr. Feeney. Now, wait a minute. 

Notary Mancovitz. Question excluded. 

Mr. Feeney. I object. 

IMr. O’Connell. Then if it is excluded and you object, then let me proceed. 

Mr. Feeney. Go ahead. No speech. 

Q. The change back—the change of the situation by the “ true name ” law 
has meant that these so-called hotels in your ward have been hard hit; isn’t 
that the reason that you are interested in the repeal of the law? 

Notary IMancovitz. Excluded. 

Mr. Feeney. He said he wasn’t interested in the repeal of the law. 

Mr. O’Connell. He is testifying now. 

Mr. Feeney. Pardon me. 

Mr. O’Connell. He is testifying, not you. 

Mr. Feeney. I thought we were trying Peter Tague here. 








532 


TAGUE VS. FITZGEKALD. 


Mr. O’Connell. He is testifying, and I am asking him questions. 

Mr. Feeney. Now, I object, on the ground that it is not relevant to the 
issue involved here. 

Notary Mancovitz. The question is excluded. It has no l>earing at all upon 
the question. 

Q. Did you tell them to destroy their books, did you tell them to destroy their 
register, at the Hotel Lucerne?—A. I did not. 

Q. Did you tell them to destroy the register at the Lincoln House?—A. 1 
did not. 

Q. Did you tell anybody to desti'oy the registei- at the Revere House?—A. I 
did not. 

Q. You have been interested in the Revere House?—A. I am not. 

Q. When the Revere House was complained of by the Watch and AVurd 
Society-A. No, sir. 

Q. Because of the manner in which it was being conducted, because of the 
manner in which young girls were taken in there, were you not interested, 
with George U. Crocker, in trying to prevent the licensing board from taking 
away its license?—A. That is an absolute falsehood. 

Q. Isn’t it a fact that you were associated with George U. Crocker in trying 
to prevent the prosecution by the AVatch and AA'ard Society of the Revere House 
for immoral practices that they were indulging in there?—A. That is an un¬ 
qualified falsehood. 

Q. You know George U. Crocker, I presume?—A. Yes, sir; and I voted 
against him for city treasurer, 

(j. All rigJit. Now, then, did you tell the owners of the Hotel Royal to 
destroy their register?—A. I did not. 

Q. Did you tell the owners of the Hotel St. .Tames, now called the Coolidge 
House, to destroy their register?—A. I did not. 

Q. All right. Did you advise the proprietors or clerks of the Quincy House 
to destroy their register?—A. I did not. 

Q. Did you advise the clerks or the proprietors or owners of the Lincoln 
House to destroy tlnar register?—A. I did not. 

Q. And of the Central House?—A. I ,'lid not. 

Q. This “ true name ” law obliges these hotels to keep a register, does it 
not?—A. I have nevev read the law, sir. 

Q. AA’ere you in the legislature of last year?—A. I was not; but produce the 
law and I will give you my opinion of it. 

Q, Now, take the Hotel Lucerne, who did you have—who had charge of the 
Hotel Lucerne?—A, AAHiat do you mean, sir? 

Q. AVho has charge of that part of your ward in which the Hotel Lucerne 
is located?—A. How do you mean, has charge of it? Detine what you mean. 

Q. AA ho has charge of it as far as you are concerned?—A. Define what you 
mean—as far as I am concerned. I haven’t nothing to do with the Hotel 
Lucerne. I believe it is owned- 

(j. AVho has charge?—A. I believe the Hotel Lucerne is owned by the Shea 
estate, leased to some man named Piscopo. Y^ou had him on the "stand, but 
I have no interest in it. 

Q. I am asking you who has charge of that part of ward 5 in which the 
Hotel Lucerne is located, so far as the politics of the ward are concerned.—A. 
The organization looks out for it. 

Q, Y'ou have a number of men in the organization who look out for it?—A. 
There is no one man in the organization. They all take hold of it and- 

Q. Can you give any one man besides yourseif who has anything to do with 
it?—A,* No one man. They hustle with one another, and chase around, and 
they get the vote out, too. 

Q. AVho is the man who gets the vote out at the Hotel Lucerne?—A. Anybody 
who happens to be around there that day getting the cards would go after 
them. 

Q. AAdio is the man who furnishes the cards for the Hotel Lucerne?—A. I 
don’t know. They run that place down there in their own way, and don’t 
bother so much on the details. 

Q. AVhere^ are these cards that are there prepared?—A. They are prepared 
right there in the precinct election day. 

Q. AVho prepares them?—A. AVho ever is around there. 

Q. AA'ho was around there last election?—A. I wasn’t down there so I 
couldn’t tell. 





TAGUE VS. FITZGERALD. 


533 


there?—A. I didn’t see anybody down there* I 
didn’t see anybody there, for I wasn’t there. ’ 

an?th?nl^ nhonfcharge of that precinct?—A. I don’t know 
pr^iiict^^*' Pi'ecinct of ward 5 is looked after election day, isn’t it?—A. Every 

hr.nV There is no one man. They all take 

hold and help the thing along. ‘ 

Q. Isn’t that McCurdy’s precinct?—A. No, sir. 

of no '''fH. McCurtly rtoesn’t take care 

no piecinct, but I think he goes over to precinct 9, around Faneiiil Hall and 
does all he can to bring out the vote. ’ 

who takes care of the precinct in which Hotel Lucerne is?—A. Oh, I 
aon t know. That precinct has been going way back to the old days; that is a 
tn^vnn^\^ preciiict. I have a little history on that precinct, and I want to tell it 
fn ^ ? tribute to it. That is the old precinct that I used 

rimvf iwo ^ gentlemen. We used to have some hard old fights 

dow’n there in those days. 

Q. M hat has that got to do-A. I w*ant to tell you this: There w^ere better 

men m those days. c utjuei 

Q. MTll you be good enough to answ*er my question?—A. Pardon me sir. lam 
answ’ering your question about that precinct. 

Q. I am asking you a question about the new" precinct.—A. Well, I am telling 
you now about that old precinct, and you subside for a moment, for you have 
had a good deal to say, and w-e can get through. 

Q. I w-ant you to answ-er my question.—A. Where the old Falmouth House 
was located w’as in that part of w"ard 8 that w"as knowm as precinct 4. There 
were but tw"o precincts in Boston at that time that had 600 Democratic votes. 

hem weie the gieat old days, wdien Ben Butler—w"hen Ben Butler run for 
governor. Do you ever remember Ben Butler? He w"as a candidate for gov¬ 
ernor, and there w"as a precinct over in the w"est end that they used to call 
precinct 4 of w-ard 3, and that w"as dowm through Chelsea Street and Bolton-and 
through that section, and that was the old precinct of ours dowm there, and 
there used to be great rivalry to see w-liich precinct w-ould bring out the largest 
vote, and wm used to contest it for years, and w-e used to fight in that precinct 
plenty, and when there w-as hostile ballots they used to grab a man and they 
wmuld pull his clothes off, almost, trying to push the Democratic ballot or the 
Republican ballot into his hand. And really, gentlemen, it w"as wmnderful to 
see how- them votes used to come out, and they used to fight, and in those days, 
INIr. O’Connell, in those days they were great men at the polls. They never-. 

Q. Calm yourself.—A. No; they never brought wmmen, mothers, wmmen, 
mothers; they never brought them into the figlit. The fought their political 
fights and the sometimes had a fight at the polls, but before the police come to 
arrest any of them they would say, “Hold on. We are done. Keep the cops 
out; fight like men,” and that w’as that old precinct, and that wms the sa«ue w"ay— 
that w"as the same wmy they used to fight in Charlestow"n before the Tagues got 
control or before the Tagues become prominent, and that w^as the w^ay to fight. 
That is a great old precinct, and that is where the Falmouth House w"as located. 
Now% you can proceed. [Laughter.] 

IMr. O’Connell. I call your attention again to the disorder in this room, per¬ 
mitted by this notary w"ithout a w"ord of remonstrance from him. 

Mr. Feeney. He isn’t his notary. 

Mr. O’Connell. Whose else is he? 

Mr. Feeney. He is the notary appointed under act of Congress. 

Mr. O’Connell. He will do anything Lomasney tells him to do. 

Q. Now, to come back to the Lucerne. You are not going to get aw-ay from it 
for a minute, but w"e wdll come rick to that. Who has got charge of the Lucerne 
activities?—A. I think Mr. Piscopo. 

Q. Oh, is Piscopo a member of your organization?—A. He is not, sir. 

Q. Is he a contributor of campaign funds?—A. He is not, sir. 

Q. How much did Piscopo contribute to the Plendricks Club or w"ard committee 
last year?—A. He never contributed a nickel, so far as I know. 

Q. Who else did he contribute to?i—A. I don’t know anything about it. You 
w"ill have to ask him. 

Q. Isn’t it a fact that every liquor dealer in w"ard 5 had to contribute?—A. 
That is an absolute falsehood. 




534 


TAGUE VS. FITZGERALD. 


Q. All right. Now, then, I am going to ask you about the Hotel Lucerne 
again. Will you give me the name of the man that succeeded McCurdy in the 
handling of that precinct?—A. Why, that precinct has fell away. There is 
nothing down there to handle now. 

Q. Who is handling those that are there now?—A. Everybody who is down 
there. 


Q. Name me one man?—A. Well, I wasn’t down there last election day, so I 
can’t tell you who was there. 

Q. Can’t you tell me the name of the man, the precinct officer, who was 
sent there ?f—A. The precinct has been going back and back and back to such 
an extent- 


Q. Can you answer my question?—A. Well, I tell you I wasn’t there and 
I don’t know who was there. 

Q. Can you give me any man? 

Mr. Feeney. Give the stenographers a chance, both of them. 

Mr. O’Connell. Are you talking to your witness, or talking to me? 

Mr. Feeney. I am going to talk to you. 

Mr. O’Connell. Oh, don’t. 

Q. I want to know how many men you sent down to the Lucerne from the 
Hendricks Club on the night of March 31, last year.—A. I sent no men down. 

Q. Didn’t you contribute money to enable those men to buv a bed that niaht'i’— 
A. I did not. ' ' 


Q. Who furnished money that was contributed on that night in order to 
make up the lists of voters in the various hotels in that district?—A. I can 
not tell you. 

Q. Well, you are the treasurer of the Hendricks Club?—A. I am; yes, sir. 

Q. And the Hendricks Club is interested in keeping up the voting list in 
ward 5.—A. Interested in the welfare of that section of the city and the good 
government of the State, as it should. 

Q. I am asking you about keeping up the Democratic voting list.—A Un¬ 
questionably. 

Q. Unquestionably. And being unquestionably interested, they are anxious 
to get as many names on the list as is possible?—A. As is lawful. 

Q. As is possible.—A. As is lawful. 

Q. All right. And in that lawful purpose, so called, men are placed around 
different places in the ward, are they not?—A. Not to my knowledge. 

Q. Well, do you get out of the Hendricks Club on the night of March 31*?_ 

A. Well, sometimes I do and sometimes I don’t. 

Q. Why did you get out on the night of March 31?—A. I don’t know whether 
I was out or in, or where I was, sir. Pretty hard to recall. 

Q. Did you get out on March 31 in order that you may be able to shift the 
blame onto somebody else?—A. No. I am willing to take all the blame for the 
old ward and the old organization. I am here ready to face you and all the 
defamers. I put no blame on anybody, because thev* ain’t one of vou aot anv- 
thing on us. ^ 

Q. Are you afraid to give me the name-A. I am not, sir. 

Q. Wait a minute, until I get the question finished.—A. Pardon me 

Q. Were you afraid to give me the name of the precinct captain that has 
charge of that precinct of ward 5?—A. No, sir; I am not. 

Q. Who is he, then?—A. There is no precinct captain. 

Q. Well, who is the man that has charge of getting out the vote?—A. Well 
there is lots of men down there that take hold of it, but it is practically__ 

Q. Will you give me the name of one man?—A. I wasn’t there election dav 
and I didn’t see anybody there, and of course I am not going to tell the name 

and bring his name in, when I don’t know; and I didn’t see anybodv, and what 
I don’t know I can’t tell. . » 'viiai 

tl'e name now ot any other precinct where men have 
charge?—A. Put up a specihc question to me. 

Q. All right. Give me the name of the man who has charge of getting out 
the vote on behalf of the Hendricks Club in precinct 1?—A. That is the north 
end. I don’t know anything about it. ' 

charge of getting out the vote in precinct 2 on behalf of tbP 
Heiulrichs CI«b?-A. I hadn’t been down there since-I cTon’ “^ho I 
down there, who has to take them up. wno is 

Q. Tell us the man who has charge of getting out the vote in behalf of the 
Hendiicks Club in precinct 3.—A. I don’t know, sir; I couldn’t tell you. That 
IS the old north end ward. ^ -Luat 





TAGUE VS. FITZGERALD. 


535 


Q. Who has charsre of ^cetting: out the vote in precinct 4 in behalf of the Hen¬ 
dricks Club?—A, I don’t know. The vote comes out. 

Q. That ^\as in your precinct in old ward 8?—A. That has all gone to pieces. 

Q. And that was your old precinct?—A. Oh, it was a great old precinct, too. 

Q. A\ ho has charge of getting out the vote in precinct 5?—A. Five? Max 
Stone and Mr. Mancovitz. 

Q. The Mr. Mancovitz you refer to is the notary here [indicating]?—A. He 
is the gentleman who has charge of Mr. Fitzgerald’s—designated by Mr. Fitz¬ 
gerald as the notary. 

Q. AVho was the other man you name?—A. Max Stone. 

Q. AVho has charge of getting out the vote in behalf of the Hendricks Club 
in precinct 6?—A. Sandy Fitzgerald and, I think, ex-Representative Robert 
Robinson. 

Q. Who has charge of getting out the vote in behalf of the Hendricks Club 
in precinct 7?—A. That is where—oh, did I say 6? AVell, I meant—pardon me— 
precinct 6. Jeremiah J. McCurdy and Jacob Rosenberg, up in 6. 

Q. How about 7? A. Senator Fitzgerald and ex-Representative Robinson— 
Robert Robinson. 

(,). A\Jio has charge of getting out the vote in precinct 8?—A. Pat McNulty, 
the famous Pat IMcNulty. 

Q. Anybody with him?—A. I guess there are, but I ain’t been down there, 
So I don’t know. 

Q. Who has charge of precinct 9?—A. I think Bob McCurdy or John F. 
Corcoran down there. 

Q. That is the famous Bob IMcCurdy?—A. Oh, he is a pretty good feTow. 

Q. Tes. And who has charge in precinct 10?—A. I don’t know anything 
about it, sir. 

Q. And precinct 11?—A. I don’t know anything about it. 

Q. Now, then, are you forgetting who had charge of precinct 4?—A. No, sir. 
I am telling you the truth. 

Q. In precinct 4 is located 19 Causeway Street, isn’t is?—A. No; it is not. 

Q. AVhere is 19 Causeway?—A. Precinct 8, this side of Causeway Street. 

Q. AVell, what other places are in precinct 4 besides the Lucerne?—A. Well, 
you want me to describe them as well as I can tell them? 

Q. Yes.—A. M^ell, we have the old Fitchburg Railroad; we have that fac 
tory, the candy- 

Q. Do you vote any men from the old Fitchburg Railroad? 

Mr. Feeney. Allow him to finish. 

A. (Resumed.) I thought you wanted to get the information. 

Q. Do you vote any men from the old Fitchburg Railroad station? 

Mr. Feeney. Do you want him to finish his description of this section or not? 

Mr. O’Connele. Oh, sit down ! 

Q. Do you vote any men from the Fitchburg Railroad?—A. The list will tell 
you; you have the list. Read the list. 

Q. You know the old Fitchburg Railroad?—A. I thought you wanted me to 
tell what was in the territory. 

Q. Go ahead.—A. Do you want me to do that? Don’t be winking. Do you 
mean that wink for me, or do you mean the wink for Mr. Warren? 

Q. What wink are you talking about?—A. I just see you wink. 

Q. I think you are mistaken.—A. Well, my eyes may be going back on me, 
but that’s all right. What is it? Pardon me. 

Q. How is it that you can tell the other precincts and can’t—and who have 
charge of them, but you can’t disclose or won’t disclose the names of those who 
have charge of the precinct you vote in, precinct 4?—A. Well, because the old 
precinct is dropping back; it is practically of no consequence now. There is a 
very small vote there. 

Q. Now, Mr. Lomasney, will you look at this paper that has just been put 
up here [indicating], that has been held up for you to see? You see it, don’t 
you?—A. Yes, sir. 

Q. And the American reporter put that up there so that you could see it—see 
the work they are doing for you? 

Notary Mancovitz. Excluded. 

A. Well, I don’t know, sir; I couldn’t tell you that, sir. 

Notary Mancovitz. Just a moment. Excluded. 

Q. You are pretty intimate with the manager of the Boston American? 

Notary Mancovitz. You needn’t answer that question. 

Mr. Feeney. Oh, please, please stop. 



536 


TAGUE VS. FITZGEKALD. 


Q. Let me ask you this, sir: Have you made any arrangement with Mr. 
Granville MacFarland in order that—by which he will play up in his paper all 
the things that you may say against Mr. Tague? Have you or have you not 
such an arrangement?—A. I haven’t talked with Mr. MacFarland for two 
months—two or three months. 

Q. Have you had anybody talk to him for you?—A. No; I have not. 

Q. Has it been as the result of any talk between you and him that they have 
kept out of Hearst’s Boston American practically everything about this hear¬ 
ing when it was going on before the election commission, before the ballot-law 
commission, and while the evidence for Mr. Tague was going in, but the minute 
that they stopped—that they started—that you started in to make a tirade 
against Mr. Tague, that they print in full every word that you may say in 
denunciation of Mr. Tague?—A. I made no tirade against Mr. Tague. 

Q. Well, I am asking you the question: Have you got any agreement with 
him?—A. No, sir. 

Q. You are sure of it?—A. Yes, sir. 

Q. You are positive of it?—A. Absolutely. 

Q. Do you sup^>ose Mr. MacFarland will agree with you on the extent of 
that? 

Mr. Feeney. Oh! 

A. Y^ou can call him up and find out; send for him now and find out, and 
that will settle it. 

Q. Mr. MacFarland is a friend of yours?—A. I enjoy his friendship; yes. 

Q. Mr. MacFarland is a big power with the Boston American?— a". You 
know what his quality is, just as well as me. 

Q. Don’t you know that he has charge of its political matters?—A. He is a 
man of capacity, and he is put in charge. 

Q. And, although he was living in Swampscott, you tried to have him elected 
to the constitutional convention for that tenth congressional district, did you 
not? 

Mr. Feeney. Well, now, wait a minute. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. Mr. Mancovitz to the rescue; Mr. Feeney to the rescue. 

Notary Mancovitz. It has no bearing on this issue at all. 

Mr. Feeney. If we can get them down to the trying of this Tague case, we 
will put in our evidence, all there is, but we have tried poor Ned Price, and now 
we are going to try Grenville MacFarland. I just wish I could get the goods 
on him. 

Mr. O’Connell. On who? MacFarland? 

Mr. Feeney. Sure. 

Mr. O’Connell. You are looking for the goods on MacFarland? 

Mr. Feeney. Sure. Tip me off, will you? 

Mr. O’Connell. Mr. Lomasney can tell you. 

Mr. Feeney. No. You tell me. 

Mr. O’Connell. I tell no stories. 

Mr. Feeney. I would hate to trust you with one. 

Q. Now, Mr. Lomasney-A. Yes, sir. 

Q. We will come back to the Lucerne. Do you know how it was that 58 names 
were put on to the Lucerne on the night of March 31 of last vear, of men who 
were to vote from there?—A. I do not. 

Q. Do you know of any other place in precinct 4 where 58 names were 

dumped on the night of March 31 for the purpose of voting in precinct 4?_A. 

I don’t believe them 58 names were dumped. I believe 58-individuals were 
living there—responsive, live, white men. 

Q. Will you say McCurdy wasn’t at your club and took those men down 
from the club and gave a list into that Hotel Lucerne on the evening of March 
31, last year?—A. I certainly will not say, because I never seen him do it so 
I can’t say. ’ 

Q. Did you see him leave the club with the—with various names of the_ 

and men on that night?—A. I did not, sir. 

Q. Have you been in 19 Causeway Street?—A. I never was there in my life 

Q. Do you know where it is?—A. Yes, sir. It is the old—it was—it is an 
historic place, building, too. That is where Murdock used to have his old 
liquid food place before he got rich and powerful; now it is the place where 
a lot of poor fellows have a bed. 



TAGUE VS. FITZGERALD. 


537 


it is the second or tldrd^tioo^ neveriinve^r^^^^ whether 

never was there. ' ^ lia\e been m there. I know it, but I 

Q. Is the lower floor a store?—A Yes 

*0"^! ^oulcm TeUyT"'' " I tl.e upstairs there. 

of ward 6, tliiu'.vou don’t Kumv'howIt i'^’tl and—in the voters 

into 19 Causeway Street, in one room’—A.tliat 30 voters were packed 
(}. Do you know how it is that 30 vntpr« ^ licensed lodging house. 

Causeway Street is nw questii?i-V Th^f 19 

the board of health designate how limnv V licensed lodging house, and 
you yesterday_ ^ ^ ^ many persons can sleep there, as I told 

Q: Go 

quires—to-dav if you run a lod^Tno-^'hmf^A’ licensed lodging .'house re¬ 
board of health, and they measuil tlie ?ooms^Tnd^1fp license from the 

of air space, and then thev annorfinn r^n^r’ determine the amount 

oceupv^„e„ts. and‘ 

a ^:eS"d^ai oFZT^^Tt “1? fhe“ h'ed^'VM” n T’' 

Touraine, hut there are men flown in io n imt, of course, like the Hotel 

that if th'eir nnn;es^,^.‘s^n;!:;ird^t''wofd? suS yor' 
y. How do you know?—A. They are poor men 

M?'or“onnen— ®^Plt>ining to you, sir. Now, 

answer my question?—A. Now, restrain yourself restrain 
U wfif telling you something you want to learn, as a lawyer • 

nLy you there is a different element in this community. They^are 

men, as I say who are honest, law-abiding. It is no crime to be poor and 

just the same as Air. Ratchesky, who locates 
iniself iR the Hotel Touraine, and just the same as any other man • iust the 
same as Thomas J. Grady, who has a place on Hanover Street and a'liorae as 
you spoke about Dr. Santosuosso, in Roxbury, where he has his wife and 
family who was hustling all around through the North End for Air Tao-ue 
and who evidently voted for him. As I say, these men who are down here "are 
people who are entitled to their home, who are entitled to the best that money 
can get for them and they are just as good a vote on election day as vour 
vote. Air. Feeney s vote, my vote, or President Wilson’s vote; and it is hard 
to determine, it is hard to determine, where them men have really a place to 
live, because they have to change, as one of them, or two of them, or a dozen 
of them will tell you any time, “ We have to frequently get to bed wherever 
we can. If we haven’t got the money we must go to a public lodging house 
or to the police station and get the card that allows us to saw wood.” But 
they are desirable, fair-minded, unfortunate people, and we are all born and 
we are not buried. You and I are hoping we will he here—I hope we will be 
here—^biit we can’t tell where we are going to wind up, so I never believe in 
attacking the unfortunate. Tackle these fellows that you know; tackle these 
fellows you know: iust as I mentioned Grady here, who you never mentioned 
Q. Now, are you willing to pick out of that 19 Causeway Street any man 
that you know?—A. I don’t pick out; no, sir. 

Q. Then, why should you give us this lecture about who they are or what they 
are?—A. Because I know the general character; I know their general condition* 

I have lived there in that locality since I was born. ’ 

Q. I offer you a list of names that were at 19 Causeway Street, and I ask you 
to pick out the name of any man there that you know [handing paper to the 
witness].—A. Why, there is nothing there to show who are legal voters. 





538 


TAGUE VS. FITZGERALD. 


Q. I am not talking about legal voters,—A. I am not interested in anything 
else blit legal voters. 

Q. Take that list, then [handing paper to witness], and the supplementary 
list.—A. George W. Ollis. He is an old-timer, 

Q. Go on down the list now.—A. William C. Bell is an old-timer, who lived— 
used to live in Wall Street years and years ago; a furniture polisher. 

Q. Go on,—A, James W. Horne is an old-timer. That is about all I know. 

Q. In other words, you know three men out of those?—A. That’s it. 

Q. Out of 19—out of 30, you know 3?—A. That is doing pretty good. 

Q. Do any of those three men—are they in the category of those you have 
just spoken about?-—A. I wish you could examine them, and they would give you 
a bellyful to take care of. 

Q. Will you help us to bring in- 

Mr. Feeney. Pardon me, Mr, Lomasney. 

Q. Will you- 

Mr. Feeney. Pardon me, Mr. Lomasney. Although he needs your help, it is 
no reason you should give it to him. I object. 

Q, Will you aid us to bring in George W. Ollis, who has been summoned to 
appear here, and who has not appeared? 

Is^otary Mancovitz. Excluded. 

Mr. Feeney. Pardon me, Mr. Lomasney, You are not required to render aid 
to my friend who is in distress. 

Q. Have you seen George W. Ollis in the last two years?—A, I think so; 
yes, sir. 

Q. Where?—A. I think he is around the streets, up and down the streets a 
good deal. 

Q. Do you know where he might be found?—A. I do not. You can’t tell 
where those poor fellows can be found, 

Q. Why?—A. Well, because they ain’t got—they ain’t located permanently. 
They go—as I told you, they may be here and they may be working out around; 
they may be down in Peabody or Arlington and they may be somewhere else. 
Can’t tell where they are. They are trying to struggle to live. 

Q. Do you know where the Merrill House is?—A. Y^es, sir. 

Q. Did you have anything to do with the colonization of sixty-odd names in 
the Merrill House?—A. I did not. 

Q. Did you have anything to do with the destruction of the records of the 
Merrill House last year?—A. I did not. 

Q. What do you say about the Merrill House having 60 men registered from 
there?—A. I don’t know anything about it. 

Q. What do you say about them? Are they—is the same thing to be said of 

them as -A. I think - 

INIr, Feeney. Pardon me, Mr. Lomasney. 

A. (Resumed.) Oh, I think they are- 

Mr. Feeney. Pardon me, Mr. Lomasney. 

Q. Is the same thing to be said of them as you said of 19 Causeway Street? 
Mr. Feeney. Pardon me. 

Mr, O’Connell. When I get through the question you may interrupt, but wait 
until I get through; follow the common procedure. 

Q. Now, Mr. Lomasney, will you be good enough to answer that question? 

]Mr. Feeney. Now, stop, Mr. Lomasney. You should amend your question by 
calling attention to the fact that you are reading from a police listing book, and 

not from any registry list at all, and asking the witness- 

Mr. O’Connell. Oh, sit down, sit down, sit down, or- 

[The remainder of Mr, O’Connell’s remark to Mr. Feeney was not audible to 
the stenographer, ] 

Mr. Feeney. You are saying something you can’t do, though. 

Mr. O’Connell. Oh sit down, sit down. 

Mr. Feeney. If he will call the attention of the witness to a number of regis¬ 
tered voters, I will make no complaint. 

Q. Mr. Lomasney-A. Yes, sir. 

Q. What do you say about the sixty-odd names that are registered- 

Mr. Feeney, They are not registered. 

Q. From—on the 1st of April as being at the Merrill House? 

Mr. Feeney. They are not registered at the Merrill House, and you know it. 
Mr. O’Connell. This is the register. 

Mr. Feeney. No. It is the police listing book you have got, only you don’t 
know the difference. 











TAGUE VS. FITZGERALD. 


539 


n A. I don’t know anything about that sir 

, cliaige of sending tiiose 60 names into the Merrill House_A* T 

YoiV t t’o® ‘t come that on tlie—some of your friends happen to be there’ 

doubt atrit tT' ^toGonagle, Ita^e you .K>t’-A^ said l uas in 

aouDt about it. There was several McGonagles 

ina^; that—’"■® “tere’-A. No. You asked me if that was the gentle- 

aaiM s'^meihlng about—O’Connell. Yon 

SIcGonn<»lp*’livfn’<. m said something about a gentleman named 

know the nunll e. of H 2T “'"'i Binney Street, and I told you I didn’t 
w^nt out /rbineb T you said that was the man; so when I 

and you said t was qT' a t™ .iu 59, 61, and 63 Binney Street, 

McGona”-le*s and T ^ t know, that there were .several 

but I couldn’t recall. ^ “«y ''™- 

reS'll^ttenr House?—A. I don’t 

Q. Do you know Philip J. Dowd?—A. Philip J. Dowd? No sir 
y. Do you know Herbert W. Pike?—A. Yes sir ’ 

Q. Where is he?—A. I don’t know, sir. 

years.^^^^^^^'^ out?—A. I haven’t spoken to Pike for two or three 

Q. Well, why?—A. Well, I don’t know. 

onftiml'’"®®"’* “''® i'ouse at 

Q’ ^Aell, he doesn’t now? A. Well, I don’t know anything about it 
Q. Are you just keeping the list of that house?—A. I don’t know when Mr. 
ke save up the house, because him and I were not very friendly for the last 
o 01 * lIi .1 00 y 0 <n*s* 

Q. Did you get Pike to carry the names down there?—A. I never tried 
anybodyanything—break the law? I never do that to 

Q. Will you tell us who has charge of the precinct in which the Merrill 
House IS . ^A. I think that is McNulty’s precinct ; what they call McNulty’s 
precinct. ^ 

McNulty’s precinct?—A. I think that is precinct 8 , sir. AVill you 
see if that is precinct 8? ^ 

S' precinct 8 . And the Hotel Ketterer is in that precinct?—A. No sir. 

Q. M hat precinct is that in? A. Oh, yes; that is down—that is in the 
same precinct, I think, down—down around Canal Street. 

Q. Yes. Now, what—what haye you got to say about McNulty’s actiyities in 
his precinct?—A. Oh, he is a good, liyely fellow. 

Q. He is yery actiye, isn’t he, and he is yery actiye on keeping the list iip'^’— 
A. He is a good worker. 

Q. A good worker. And he is an enthusiastic worker in it, isn’t he’—A Oh 
he is a liye wire; yes, sir. ’ ' ’ 

Q. And he carries his liye-wire tactics so that he is boosting the yoting list 
down there at all times?—A. I wouldn’t say that, sir. He must sleep, eat, and 
drink, and work, so that he couldn’t be doing it at all times. 

Q. I use the words “ all times ” in the reasonable way.—A. Qualify your 
words. 

Q. And I assume that a man has a chance to eat and drink and sleep_A 

Pardon me—and wmrk. 

Q. And ^york. What kind of work does he do?—A. He is foreman in the 
street department of the city of Boston. 

Q. Do you call that work?—A. Yes, sir. 

Q. What kind of work? 
jMr. Feeney. Oh, pardon me. 

A. 'Well, I will describe it as well as I can, if you want me to. 

Mr. Feeney. Well, wmit a minute, please. 

Mr. O’CoNNEEL. Kind of hurts, doesn’t it? 

Mr. Feeney. I object. 

Mr. O’Connell. Kind of hurts. 

Mr. Feeney. I object. 




540 


TAGUE VS. FITZGERALD. 


Notary Mancovitz. Objection sustained, although the witness can answer if 
he wants to. 

Mr. O’Connell. Feeney to the rescue again. 

Q. What about the Central House?—A. I can’t exactly place that place. If 
it is- 

Q. It is 21 and 23 Green Street.—A. Oh, yes; sure. That is—pardon me; 
I didn’t catch that. 

Q. Q'ell us about that.—A. That is a place where workingmen live there 
pretty much. They are a pretty decent class of people; they are workingmen 
that live in that locality. They are all right, and good, decent American citizens. 

Q. What would you say if 30 registered voters lived there? 

Mr. Feeney. Hasn’t he answered that? 

A. I would say they were all right. There is a man for every vote. 

Q. What do you mean by a man for every vote?—A. American citizens, with 
a right to be registered and vote. Of course, that is McNulty’s precinct. 

Q. Who put the men down there? McNulty?—A. No, sir. They put them¬ 
selves there. 

Q. Who pays their room rent for the night of March 31?—A. They pay 
their own room rent. No suckers down that way. 

Q. Well, there are suckers in other parts of the ward, are there?—A. Walking 
up and down Tremont Street and Washington Street and around the Common. 

Q. That is in this ward; that is ward 5.—A. The Common? No. The Com¬ 
mon is in ward 7. 

Q. Tremont Street is in ward 5?—A. Half is. 

Q. Washington Street is in ward 5?—A. Certainly; part. 

Q. The Common is on Tremont Street?—A. The Common is on the right side. 
Park Street is the dividing line. 

Q. So that is where the suckers are?—A. That’s where they congregate. 

Q. The Revere House; do you know what the Revere House is?—A. Yes, sir. 
It is an old, historic place. I remember when I was a boy, the Duke of Rich¬ 
mond, or somebody, stopped there. I remember hearing Gen. Sheridan speak 
right opposite, when I was a youngster. The old Prince of Wales, they 
say, that old scoundrel from England. Royalty used to come there and bunk. 

Q. The Revere House, like lots of other institutions in Boston, has gone to 
the bad?—A. No. It is doing fine, they tell me. 

Q. Who tells you that?—A. Well, I just—general opinion. 

Q. Who told you that?—A. Why, general opinion. 

Q. Who told you that?—A. Why, general opinion, I said. 

Q. Give me some man who told you that.—A. I can’t tell you. It is a matter 
of common knowledge. 

Q. Are you interested in the Revere House?—A. I am riot, sir; I am not, sir. 

Q. Isn’t it a matter of fact that the Revere House is under trial in the Su¬ 
perior Court-—— 

Mr. Feeney. Oh, pardon me. 

Q. On the ground that it is a nuisance and because of the complaints of the 
Watch and Ward Society- 

Notary Mancovitz. Excluded. 

Q. Who seek to abate it as a nuisance and close it up because of the im¬ 
morality practiced between young girls and young men who go there and fre¬ 
quent there? Don’t you know that? 

Mr. Feeney. Stop, stop. 

Notary Mancovitz. Excluded. 

A. Ask Nathan Matthew’s about that. 

Mr. Feeney. Stop, sir. 

Q. Don’t you know’, Mr. Lomasney, that the Massachusetts Supreme Court 
sent dowTi a decision-A. I do not. 

Q. Only tw^o weeks ago-A. I do not. 

Notary Mancovitz. Excluded. 

Q. On that case?—A. I do not. 

Q. You don’t know that?—A. No. I don’t follow supreme court decisions 
very often. 

Q. I now at this time call your attention to the statements—I call your atten¬ 
tion to the Herald of Friday, February 28, 1919, and all the Boston papers car¬ 
ried the same story. 

Mr. Feeney. Now, I object; to that introduction I object. 







TAGUE VS. FITZGERALD. 


541 


Boynton inl-eference^^^^^^ District Attorney Thomas J. 

n ^ ^ollo^^ s A. I didn t say I saw it, I don’t think 

sald'lu,iglu'T>avfsUni";brfmcl^^^^^^ ^‘‘11. I didn't'say I did. I 

f - read it. 

carried in the Boston Post and ? !' « ? summonses.” Now, that was also 
familiar with that fact_A I don’t Dlobe of that date, and you are 

Mr. O Coin NELL. I offer this article- 

Mr. Feeney. For what object? 

m;-.' To Hiat"! ^Sbflet 

[haL‘;hnPtTr'sten“ognfp?™]T t'mt. .Miss Cole 

Mr. Feeney. I object to it. 

Ml. O Connell. Mark it 75, or B, or anything 

fshort vlceZT''^' ''''® "’ill take a recess (or five minutes. 

pro";^*e’;j? iit”ro'.:Snif,^rk'3rn!feir““ 

Q. One question: Do you know this man here with the—that held un thnt 

the nei/^T'^Vo headline in which you threaten to put Mr. Tague in 

the pen. A. No, sir; I never saw the gentleman. ^ 

Q. Do you know that his name is Drake?—A. No • I don’t 
C>. Do you know that he is the man that led the delegation to Washino-ton 
^Wierein Senator Lodge was assaulted?-A. No; I do Sot. I am ^ 
peopTe^^^^^ assault Senator Lodge. I am very strong for him; he is for the 

Q. AVas it any part of some scheme between you and him bv which he was 

h-U°mncrJ° A Nn""™ “'«> >'«>d up those headlines that are in 

that papei . A. JNo, sir; not as far as I am concerned he wasn’t. 

now colonization again-A. It was a failure before 

Q. Do you know Daniel Mcllheny?—A. Sir? 
henv^^^ Daniel Mcllheny?—A. No, sir; I don’t know Daniel Mcll- 

Q. Is he a member of the Hendricks Club?—A. No, sir. I sav it that wav 
Not to my knowledge, to the best of my knowledge and belief. 

, .^* know George AV. Hill, who lives at Everett Street, Cambridge with 

his family?—A. No, sir. ^ ’ 


Q. He has been there for years, and he keeps the Derby House —A No I 
know there was- a man named Hill kept that Derby House for years but I 
never spoke to the gentleman in my life. ‘ ’ 

Q. Do you know Thomas F. Bowes?—A. Yes. 

Q. Who lives in Dorchester?—A. I think he lives at the Crawford House. 

Q. Don’t you know he has always lived in Dorchester?—A. I do not, sir 

Q. He is superintendent of sewers here.—A. He is some way connected with 
the sewer department. When I first knew him he lived on Temple Street. 

Q. Don’t you know he has been living in Dorchester all his life*?_ a' I do 

not, sir. 

Q. Will you try and—you know he is part of the city hall administration and 
you are intimate with the city hall administration?—A. I am not. 

Q. At the present time?—A. I am not. 

Q. What happened, then?—A. Nothing. I haven’t been in city hall twice— 
well, five times in 10 years. 


Q. Well, you got your brother Joe appointed?—A. Oh, well, that is history 
Q. Didn’t you?—A. No, sir. 

Q. Well, Brother Joe represented your club. 

Mr. Feeney. Pause a moment. Brother O’Connell. 

Q. He got appointed, didn’t he?—A. He was appointed by the- 

Mr. Feeney. Why not stick to the story? 





542 


TAGUE VS. EITZGERALD. 


INIr. O’Connell. I am examining this witness. 

Mr. Feeney. Let’s try to try Tague; let’s try Tagiie. Never mind brother 

Joe. ,, ^ 

Mr. O’Connell. I am not trying Tague. I am trying Dr. Fitzgerald and Mr. 

Lomasney. 

Mr. Feeney. Well, l am trying him. . . 

Q. You are on friendly terms with this administration?—A. I am on friendly 
terms with the mayor, but I never spoke to him but twice since election, and I 

met him accidentally. , i , 4 . 

Q- L)o you know any reason why George W.—why Thomas F. Bowes shouldn t 
he here?—A. He can speak for himself. He is a free American citizen and a 
graduate of Columbia College, I believe, and he is certainly better able to give 
an account for himself than I am for him. 

Q. Do you know any reason why the records of the hotels, as they purported 
to be the 1st of last April, should have been destroyed?—A. No; hut they tell 
me there was a fire down there. That is a pretty good reason. 

Q. At the Quincy House?—A. You mean the Crawford House. 

Q. Well, he is supposed to he in the Quincy House.—A. Well, I thought it 
was the Crawford House fire. I don’t know anything about the Quincy House. 
I don’t know any of them—of McCurdy’s hoys at all, I don’t think. I may 
know them, but l\lon’t recall meeting any of them gentlemen. 

Q. Do you know Albert I. Davis, who lives in Brookline-^A. I do not, sir. 

Q. And is registered from the Quincy House?—A. I do not, sir. 

Q. Do you know Daniel J. Sullivan, registered from the morgue-A. No, sir. 

Q. On Grove Street-A. No, sir. 

Q. And living in East Boston?—A. No. 

Q. You don’t know the keeper of the morgue?—A. I have no use for Magrath. 
Gov. Walsh appointed him, and that is one of the reasons I have no use for 
him. I thought he should put a good, clean Democrat in there, who had the 
capacity, and" clear Magrath out then—and he promised to do it, promised to 
have a hearing, told me I could have a hearing on it, and if I could have had a 
hearing of the legislature I would have put him out, and I would put a man in 
there that- 

Mr. Feeney. And I was on the other side. 

The Witness. I don’t care where you were. I would have put you and him 
and all of you out if we had a hearing. 

Q. Do you know Otto Haller, registered from the Heideihurg?—A. No, sir; 
I don’t think so. 

Q. Do you know Bernard J, Fitzgerald, who lives in Roslindale and who is 
registered at 66 Bowdoin Street-A. No, sir; I don’t. 

Q. A lieutenant in the Boston fire department?—A. No, sir; I do not. 

Q. Do you know Thomas F. Coffey, who is registered from 38 Wendall 
Street-A. Is that the- 

Q. Which is a barroom-A. Is that the Thomas J. Coffey that- 

Q. Who lives at 23 Monument Street, Charlestown?—A. Is that the Coffey 
that was down to city hall? I know that old-time sport, if that is the man; I 
know him. 

Q. Thomas J. Coffey lives with his family in East Boston.—A. That is the 
only gentleman of that name I know, sir. I think that is the initials. 

Q. Do you know Michael J .Palmer, who lives at 2 Mount Vernon Street and 
is registered from 23 Endicott Street?—A. I met him for the first time five or 
six weeks ago. 

Q. Did you discuss with him this case?—A. I did not, sir. 

Q. Will you help us to bring him here?' 

Mr. Feeney. Pardon me. 

Notary Mancovitz. Excluded. 

Q. Who is your friend out there [indicating]?—A. Pardon me; I don’t know; 
I can’t see them all. 

Q. That fellow sitting there in the second last row [indicating].—A. Pick 
the man out, sir, and I will tell you if I know the gentleman. 

Q. That man [indicating].—A. I don’t know the gentleman, sir. 

Q. That fellow standing up there.—A. I don’t know the gentleman at all. 

Mr. Feeney. I’ardon me. Do you know him? 

The Witness. I don’t know the gentleman. 

Mr. O’Connell (to a spectator). What is your name? 

A Spectator. Joseph Madden. 

Mr. O’Connell. Where do you live? 











TAGUE VS. FITZGERALD. 


543 


t South Boston. tBaughter 1 

A \ oicE. Only 11 months? 

^ itness. About 11 months, 

the house of correction,^either.^^^^^^ tlunng those 11 months?—A. I \yasn’t in 

these men, or any ()f'thSii\ylloii/J^J^^^^ bring into this hearing 

to-day, who haye been Z^nmneVto 1 mear'^^^ 

appear? I ask you if yon will niu "Weai heie and who have been failing to 

give testimony concerning the alleo-ed ^mmni to 

voting in wmrd 5, ' colonization and illegal registration and 

Mr. Feeney. That I object to 

excluded. 

question. ^ ^ ruling from you, by wdiat right you exclude that 

upon at any tinm to^bring^w^taeLe^^^^ ' Lomasney is not called 

is here as a witness himsIlfT he fs hei4 to "V ^e 

he has done his duty. ^ testify,, and when he has testified 

_ Mr O’Connell. I am asking for a ruling from vou sir 
Notar.v Mancovitz. I exclude the questlSn, s“. ’ ’ 

Voioet incident is closed. 

Ml “'® <inestiou an<l save your exception 

^ •™'' g»‘ for excluding it? 

Ml. Feeney. No need of giving any reason, sir. 

yout^^;/ “^/hThrowir;:s‘m 

errand boy. testimony. He is not your messenger or your 

Mr. O’Connell. Is that your reason’ 

Mr. Mancovitz. That is sufficient for'you. 

Ml-; rSNEA^PaiMornr 

ex‘S,«S -^fr. O’Conneil, I have ruled, and you can take your 

know who he will be asking questions of next. 

tn whoti ^l<Jwn. ^VT11 you allow’ me to ask that question as 

to whether thi.s witness will aid in the bringing in of these witnessel who havp 
been summoned and who have not appeared? ^^loiesses who ha\e 

Mr. Feeney. Only over my objection. 

^ exclude the question. 

Mr. O Connell. Why do you exclude that question? 
xMr. Feeney. He has already answ’ered you 
Notary Mancovitz. It isn’t a relevant question 

Mr. O’Connell. Why do you- 

Mr. Feeney. Hasn’t he told you more than once? 

Mr. O’Connell. Won’t you let me at least talk to the notary? 

Mr. FpNEY. No You are not here to examine the notary. You are here 
to examine the witness. ® 

Iw a ruling from you, and the reason for your ruling 

Ml. Feeney He is not to give any reason. He is to make a ruling sir and 
hen the matter is ca led to the attention of the committee, if we are wroni we 
^^ln bear the re.sponsibility. Now, you have been telling us what you are fiin- 
to do with this witness; you have had him on the witness stand for more than a 
day. Go ahead and finish your job. 

Mr. O’Connell. Have you finished? 

Mr. Feeney. Go ahead; go ahead. 

Mr. O’Connell. Will you give me a ruling? 

^ y^ur question, Mr. O’Connell 

Mr. O Connell. What is your ruling? 



544 


TAGUE VS. FITZGERALD. 


Notary Mancovitz. Your question is incompetent. 

Mr. O’Connell. Why? 

Mr. Feeney. Oil, you don’t have to submit to any cross-examination by him. 

Mr. O'Connell. I want you — I am going to ask this question, and I am going 
to ask for a ruling in order that there may be no question about it. 

Q. Are you willing, sir, to aid in the bringing in of any of these witnesses who 
have disappeared and who have not come here after being summoned in order 
to give testimony to do as you did before the ballot law commission, to bring 
to—them here, so that they may give their testimony? 

Mr. Feeney. Now, wait a minute. 

Q. Are you willing?—A. No. 

Mr. Feeney. That question has already been asked. I have objected, and 
the notary has ruled it out. He has answered, I object, and I ask for a ruling 
by the notary. 

Notary Mancovitz. Objection sustained, and I save Mr. O’Connell’s exception. 

0. Now, Mr. Lomasney, I asked you yesterday about the number of Repub¬ 
licans that you supported on election day, and I am going to ask you: You sup- 
liorted William E. Hannon, who was the coiididate, the Republican candidate, 
for street commissioner?—A. Yes, sir. 

Q. He was at that time running against Janies H. Doyle-A. Yes, sir. 

0 . Who had the Democratic nomination-A. Yes, sir. 

Q. And who had-A. And they say—and they say, by the figures, that the 

vote of old ward 8 put him over. 

Q. In other words, the vote of your ward was instrumental in electing a 
Republican street commissioner in the city of Boston as against a Democratic 
candidate, although ward 8, as you have stated before, was solidly Demo¬ 
cratic?^—A. That was the day we fought Fitzgerald for Frothinghani. We 
fought for Frothinghani and we fought for Hannan, and I don’t apologize for it. 

Q. And you are a 6 o’clock Democrat?—A. Yes, sir; and a good government 
man. 

Q. You have, up to last year, always opposed the candidates that were 
indorsed by the Good Government Association of Boston, haven’t you?—A. Well, 
they have put up some pretty raw material before the last few years. They 
are getting so now that they give a Democrat a chance. 

Q. Up to last year you always opposed them, did you not?—A. Now they 
have broadened. I opposed the ring that controlled the Good Government Asso¬ 
ciation, and I do now just as much as ever, but the indorsement of that associa¬ 
tion ought not bar a good, clean, up-to-date man, and when I have a chance I 
vote for that man, even if unfortunately he is associated temporarily with them 
to-day and their organization. 

Q. Now, then, you just referred to the fact that you were against Fitzgerald 
on that date. I want you to go back-A. Y^es. 

Q. And tell us the number of times you have been with Fitzgerald and the 
number of times you have been against him since he entered politics. 

]\Ir. Feeney. Oh, wait a minute; wait a minute. 

A. Oh, yes, I tell you- 

Mr. Feeney. Wait a minute. 

A. (Resumed.) That will be quite a history. 

Q. I want it.—A. You want it? 

Q. Yes. 

Mr Feeney. Wait a minute; pardon me. All of these things are mighty inter¬ 
esting, but I must object. It is of no consequence and doesn’t relate to the 
issue involved here, and I am going to ask for a ruling, and I am going to ask 
that the witness obey the ruling of the notary. 

INIr. O’Connell. It relates very much to this hearing, because John F. Fitz¬ 
gerald, and more particularly Lomasney’s support of him, is the question at 
issue, and whether or not they were engaged in illegal colonization and if it 
is something that has dated back. 

]\Ir. Feeney. If you will get up to 1918 on Lomasney and Fitzgerald, you. 
can go to it to your sweet heart’s content, but we don’t want to go back into 
ancient history of the fights which they had or the fights which they had when 
they were together and the fights which they had when they were separated,. 
It is of no consequence to this hearing here. 

Notary Mancovitz, Your objection seems a proper one, sir. 

Q. Now, Mr. Lomasney, Fitzgerald has accused you of being a grafter,, 
hasn’t he? 






TAGUE VS. FITZGERALD. 


545 

to.‘ It Is of no oonsoquen™7iere’w^^^ " moment, please. That I oblect 

Notaiy Mancovitz. Excmdefl! Lomasney is a grafter or not. 

oamu.laterare grafteiVbnt“i't 77 I'"'”'’® "-hether other people who are 

pr«E- -- 

nmlts to legal 

a.s7,7,:'= t7ri'«e7!m: "" ^ '>«t I would .pist 

wa7;'-t!;'7e7"7his 7mTer;7,'™,''79i8'’7.nV’™7 T"'’-' ^ 

for two days. ‘ been diickinj? it now 

Mr.^'raiEA^of. « <’>n-ing the last 20 years;- 

agSnS’hilir? ** -'’oar " ith Fitzgerald and the next year 

Mr. Feeney, Nom’, wait a minute 
Ar. 

witne.s.s'\vould'(fe"igliMn'7eHl'7'7ou al)m!t''these ''“"''f Hint the 

'EHiSlSfiSI “VT ^hnr’:^7r7hodrirao7si?““ “ 

rm'‘giv7?:r7fera fron. the boss. 

^Ir. Feeney. You are’ 

o‘'A7.''^r'’™'- ^ a few of them to von. 

was a Wg n?r'7f hmA-SInZff^lmt ffo‘ne™'f ft'e"demen 

geSicnt^w'7;'7s^7a«%7;;— ^itz. 

Mr. Feeney. Pardon me. 

Q. And when- 

—S£Sr'-^ 

Q. God s^ve the mark! A hig man ! When you said vesterdav that von 
chose Mr. Fitzgerald because he was a big man-ah !-did you llaL !n m7nd 

the things that Amu have said about Mr. Fitzgerald and his character’_A Oh 

I never talked much about the man’s character. • - • , 

Q. ^Vell, then, let’s see. Did you say this about Fitzgerald_ 

is of no con- 

Fifi'irf of East Boston, when you said, “ When you want 

Fitz^ei aid most he is against you, and when he wanted the votes of ward 1 
A ou gave fhem to him, and he should crawl on his hands and knees to you ” 
Notary AIancovitz. What time are you referring to now? 

Q. (Resumed.) “You always gave them to him, whether by fair means or 

Congress with that of his predecessors. He has 
dnided families and divided friends. When again he sends his thugs to East 
Boston you should give them the heel. He has done it to vou, and then 
laughed at you. Did you say that? 

IMr, Feeney. Now, wait a minute, wait a minute. 

Notary Mancovitz. When was that? 

Mr. Feeney Wait a minute. AVe are getting back now—way back—to the 
to thil^s^e boosting for Fitzgerald. It is of no consequence 

122575—19-35 





546 


TAGUE VS. FITZGEEALD. 


Mr. O’Connell. Don’t you interrupt me, Mr. Feeney. 

Mr. Feeney. Well, I will interrupt you, Joe. . . >» 

(^. “ He carries the vote of all the places all the other candidates spuin. 

What did you mean by that? Disreputable places? 

Mr. Feeney. That I object to, Mr. Lomasney. 

Q. “Over there he holds full sway, and he never takes the platfoim, but he 

defames the men whom he is succeeding.” 

Mr. Feeney. Now, then, I object to the question as to whether at some tune 


in the dim and distant past—— 

Mr. O’Connell. Let me tinish. Wo 

(). “ Do vou suppose that this weeping willow can put down our foices. He 
is a slippery eel and always tries to make a mark of the other man. Cidn t 
you so designate John F. Fitzgerald?—A. I was in pretty good form at that 

time, wasn’t I? [Laughter.] 

Q. You did say that about him, didn’t you ? 

Mr. Feeney. Wait a minute, please. 

Q. Didn’t you say that about him? 

Mr. Feeney. Wait a minute; wait a minute. 

A. To tell you the truth, I do not know. [Laughter.] 

Q. Ah ! Is it still true that he is as slippery as an eel? 

Mr. Feeney. That I object to. 

A. You ought to know. ^ 

Q. Yes;T discovered that to my satisfaction, and you know the proof of it. 

Mr. Feeney. You mean to your sorrow, brother. 

Mr. O’Connell. No ; not sorrow. 

Q. Isn’t it true that he is still a slippery eel?--A. I don t think so. 

Q. When did he get through his slippery qualities?—A. Oh, he has broadened. 
Q. Is he still the weeping willow that he was described, as you described him 
then?—A. No. He is singing “ Sweet Adeline ” now. . , . 

Q. Was he still a slippery eel when you supported Frothiiigham against him 
for mayor?—A. I gave my reasons at that time. 

0. Was one of them thgt he was a slippery eel?—A. You read the record and 
ask me now, but I don’t remember everything I said. I lenienibei what I done. 

I don’t talk much. I am a man for action. , „ t ^ 

Q. Well, you don’t deny that you called him a slippery eel?—A. Well, I dont 
know', to tell the truth, sir; I haven’t no recollection of it, but I wouldn’t say 


that you w'oiild manufacture it. 

Q Well, this is a clipping taken from the Boston Post. 

Mr. Feeney. What date was that? [No reply.] He isn’t going to give us the 
date, so never mind. 

Q. And also from the other Boston papers of that day. M ell, now', let me 
continue. Do you remember, then, telling—speaking at Sturk’s Hall, in wmrd 1, 
of how Fitzgerald goes back on his friends, and citing a case w'here he turned 
a man out of the city employ to get even for some fancied grievance, and 
gave the excuse for doing so that the man owed $10 dues to the Jefferson Club 
that he had not paid? Do you recall making those charges against him? 

Notary Mancovitz. Almost 20 years ago. 

Mr. Feeney. Now, Mr. Lomasney, I don’t think w'e ought to go into the 
Donovan-Fitzgerald fight. We have gone into almost all the other fights, but 
I think there ought to be a limit to this alleged—double alleged—cross-exami¬ 


nation. 

Q. You made the statement at that time in public, in w'hich you said, “ John F. 
Fitzgerald licked John H. Sullivan for the governor’s council.” That is true, 
isn’t it? 

Mr. Feeney. Well, now, wait a moment. Good Lord ! What has that got to 
do with this fight? Can’t we get O’Connell up here to the 1918 fight? 

Q. You declared at that time that Fitzgerald licked Sullivan in w'ard C, 
didn’t you? 

Mr. Feeney. I object, and I ask the witness to please refrain from answ'ering, 
so that W'e may make some headwmy here. 

Mr. O’Connell. If you wdll stop this nonsense of yours- 

Notary Mancovitz. It is a perfectly proper objection. It has no bearing on 
the case at all, and the w'itness wmn’t answ'er any further questions along that 
line. 

Mr. O’Connell. I want to show', sir, that Mr. Lomasney’s statement yesterday 
that Fitzgerald was a broad man wtis not w'ell founded, and that he knows that 
lie is just the opposite, and that he has told the w'orld what he thought of 




TAGUE VS. FITZGERALD. 


547 


ca\?rhe'n.;.‘Sf;'Lif 1 w!r';-o lt\v 

I^erald’s characteristic, and ^len he seizes nno 
hroad, I know that this man is lust the 

can’t change its spots, and tlm^X Z leopard 

IS stdl the slippery eel of to-day ^ ' ^^t^^erald of the past 

Mr. F^ney. There’s a qnestimi for you. 

Mr. FEEN^.^TheTels a^quStioif^^^^^^^^^^^ Pertinent to this inquiry. 

O Anf, hE; • '“P® fp>- 5 -®« 

only change'that’j-^n hluVlEticecrabou™h?"’ fact that the 

Adeline”’—\ No Kp .1 n.. ^ i ^tFat he now sings “Sweet 

Q. Go to it Tii .tE'tv.? tnr,™?r‘' ™® ‘®“ y®»— 

Mr. Feeney. Let him tinish. 

you and thoseVther Voung^llien^wh^aera 11 youth when he was like 

are powerful, and yotZctZ regard fo. ti e 

powerful. You have some uIpo^ .vhin V ? lights of those who are less 

e" K'ir - >'"-■• “ 

paVt— ?aEE““Ee^£“^ 

Wifv i ungrateful. Now, wlien they done thole th tft’ 

im^ossitrald"otZt 2 .'Vh’en",:t^^ 

around him a lot of men that had no use fir ml and ti ll welt to him ?,w 
thtog'^h.’.t tTiu ®pP®.‘’*®'"‘y ‘® '’o a"'' Oo th/t and dl th” othll 

sornf’felmtg^tl gtotiSl'i^rayilMir,: tmtlEpowll ” 

enough about the old stock we came from - he knew^tlm? oil 4 p ml r 
f'l 'E ItvedToulto-llirermhfafe us ami 

man who first tiied to exterminate me in politics, Owen A. Galvin when he 

son 1 fugmvrf^om Sife. own 

GafiaXir^he^delecli^^^^^ ‘‘""dout" foo^ w^^^ 

10m the right kind of stock,” and that is my position. I fouMit power^^T 
fought that ring of scoundrels who were trying to discharge men*^ T o^PpU ’-nr, 
quarter, hut they sought quarter. Every time that—their hands wonUi 

s.;™ :jr “s 





548 


TAGUE VS. FITZGERALD. 


brother sir your brother, was up there when I was putting 
to give’ men protection, and they hustled, they struggled, 

tinallv did stop it in the Massachusetts Senate; but I lived to put that on the 
statute books that no man should be removed from oihce in the cit.v ^ ‘ 

without a hearing and without an opportunity to protect his tj ’ 

from imnroper influences of that kind. So he done none of those things He 
was iSal He said “Yes; we have had our tights, but there were a lot of 
circumstances in that tight ” Your brother came into the ward trying to coi 
down amufck ns, to sweep In there by power, sweep as men do ttm 

do these things. But when the thing was over he was decent and 

did not nnfairty attack a poor man the poor men ti„V 

and I felt in iustice to a man with power, with men telhn^ him to clo tnn, 

with men telling him to ilo that, I would he somewhat 

of those men had turned on him because they saw he c\as bound to deteat. 

I said,"“ I will stay with him, although defeat is certain,” because ^ 

climb on the Hibbard band wagon when victory was sure, ^ow, then, t c 

is my viewpoint on that situation. + m wuu 

He was fair on that occasion, and I was grateful, as I am to . 

all his faults. When I was lighting for my life he was with me, and, although 
we differ, I never forget a man, no matter what he does, who ever gi\es me a 

So that as far liack as aiioiit 1888, in Owen A. Galvin’s day, >mu were 

the boss of that ward?—A. Oh, I was only a lamp lighter, getting $l.<o a da> , 
I was only a cipher. 

Mr. Feeney. Now, please wait. i 

Q, Well, you would describe what you did back in those days as being a boss, 

wouldn’t you? 

Mr. Feeney. Please! 

A. I was only a cipher. ^ 

Mr. Feeney. We are trying to try a case that relates to 1918. 1 oi Gods 

sake, O’Connell, come down to 1918. 

INIr. O’Connell. Oh, sit down, sit down, sit down. 

Q. So that you have been able to give men the heel and kick them whenever 
they showed tlieir heads?—A. Politically, yes. 

Q. What was that?—A. Politically, yes. 

Mr. Feeney. He said, “ Politically.” 


The Witness. Yes. 

INIr, Feeney. Do you expect to flnish to-night? 

Mr O’Connell. It doesn’t look like it. 

Mr. Feeney. It is 10 minutes past 4. and unless counsel feels that he can 
flnish to-night I should like to move to adjourn to-night, because I am evidently 
not going to get in touch with the office at the Cambridge court to get excused 
from there to-morrow. 

Notary Mancovitz. Adjourn until to-morrow morning. 

Mr. O’Connell. Just a second. IVill you be good enough to have the cour¬ 
tesy— 

]\Ir. Feeney. What do you want? Don't get raw. 

Mr. O’Connell. I want a little courtesy. I- 

Q, I want to say this to you, Mr. Lomasney- 

Notary Mancovitz. The hearing is adjourned. 

Q. You are coming back here to-morrow?—A. Y"es. 

Q. You will have opportunity to go to the Hendricks Club to-night, and I 
am going to ask you to bring in here to-morrow morning, so that you could be 
examined upon it, the list of the members of the Hendricks Club and all the 
papers down there pertaining to the organization of the club.—A. Acting under 
the advice of- 

Mr. Feeney. Pardon me. We have heard him. There is nothing to say to 
him now. 

Martin M. Lomasney. 


(Adjourned to Wednesday, March 12, 1919, at 10 a. m.) 


Hearing held in Room 443, Federal Building, Boston, Mass., March 12, 1919, 
at 10.55 a. m., before David Mancovitz, Esq. (presiding), and Abraham C. 
Berman, Esq., as notaries public. 

Counsel: Joseph P, O’Connell, Esq., and Arthur Harrington, Esq., for the con- 
testont • Job» P. Feeney, Esq., and Timothy F. Callahan, Esq., for the contestee. 






TAGUE VS. FITZGERALD. 


549 


Notary, I want to apologize to the commission for this 
aeiay, but 1 was forced to attend a court engagement over at East Cambridge, 
and as speedily as the court disposed of the matter I came from there here. 

make any reply to Mr. O’Connell’s slur and nasty suggestion. 
Air. Lomasney, take the witness stand, please. 

All. O Connell. Gee, they are sore to start with. 


AIARTIN AI. LOAIASNEY, cross-examination continued. 
By Air. O’Connell : 


Q. Are you ready. Air. Lomasney?—A. Yes, sir. 

Q. Have you brought with you the lists of the Hendricks Club, in accord¬ 
ance with my admonition to you last night?—A. I have not 

Air. Feeney. Your what? 

Q. Do you intend to bring it here? 

Air. Feeney. Pardon me, pardon me. I object. 

Q. I call > our attention to the fact that you received a summons yesterday 
morning.—A. i admit that, sir. 

Q. Yes, sir. Now, then, that summons called on you to bring the lists of 
members of the Hendricks Club and other papers relating to the registration 
of voters in that ward now in your possession, did it not?—A. We will give 
you all the papers you want before you are through. 

Q. Then give me the list of the names of the Hendricks Club?—A. Not now. 

g. \V hy ?—A. Because, acting under the advice of counsel, I refuse. 

Q. Then ^lu do not want to give us a chance to show the participation of the 
Hendricks Club members in the illegal colonization of that waiYD—A Read 
your stool pigeon’s report. 

you think that is a proper answer to give?—A. You heard my story. 
Air. O Connell. ^ 

Q. Do you think that is a dignified answer to my question?—A. Acting under 
the advice of Col. Feeney, who is the counsel of John F. Fitzgerald I refuse 
to produce the papers and books at this time. 

Q. Did Air. Feeney say anything about stool pigeons?—A. I made the remark 
to you and the counsel back of you, here. 

Air. Feeney. I will add a few to it, also, if you want me to. 

Air. O’Connell. Air. Notary, I call your attention to the fact that at the very 
first opportunity this mob has they are manifesting it bv demonstration at the 
remarks made by the witness. I ask that this mob be told that demonstrations 
are not in order at this hearing. 

The Witness. I hope the gentlemen will be quiet, because I do not want 
any mob to cheer. I want a man to have a fair hearing and a square deal 

Air. Feeney. Notice what Air. O’Connell said about you? 

Q. Do I understand that from your attitude and answer vou do not intend 
to bring that list to us at any time while you are on the stand? 

Air. Feeney. Pardon me. You are not required to tell him’about what you 
intend to do in the future. 

Q. Were you at the Hendricks Club last night?—A. I was there last night 
and I was there this morning, sir. ’ 


Q. So you had an opportunity to bring the papers with you?—A. Absolutely 
absolutely. I am pleading for no excuse of that kind—plenty of opportunity. ’ 

Q. It is nothing but just defiance?—A. No, sir; it is acting under advice 
of Col. Feeney, who is counsel for John F. Fitzgerald. I follow the leader with 
the flag. 

Q. And do you not intend to bring it?—A. I do not intend at this time in 
response to your request, because he has advised against it, as counsel for 
John F. Fitzgerald. 

Q. Now, Air. Lomasney, you have been known as the boss of old ward 8 now 
ward 5, for a great number of years? ’ 

Air. Feeney. Pardon me. 

The Witness. I haven’t, sir. 

Air. Feeney. Pardon me, Air. Lomasney. 

The Witness. I am no boss. 

Air. Feeney. Pardon me, sir. 

Q. You have been reading the papers? 

Air. Feeney. Will you kindly wait until I get a chance to make an objection 

The Witness. I won’t answer any question until you have a chance. 


550 


TAGUE VS. FITZGERALD. 


Mr. Feeney. This gentleman started out on that line of tactics the day before 
yesterday, and he thinks it is a test of endurance, a strength endurance, lung 
endurance, I guess. 

Mr. O’Connell. If I did I would yield to you all the time. 

Mr. Feeney. No. 

Mr. O’Connell. Because if there was any man- 

Mr. Feeney. No chance in the world to do that. 

Mr. O’Connell. If there is any hot air artist in this town, you are certainly 
the most brazen I have ever known, with the exception of John F. Fitzgerald. 

Mr. Feeney. You are the champion loud-lung man in the country. 

Mr. O’Connell. The pair of you were well matched in the last mayoralty 
fight, and you were hitched up as you should have been, without any question. 

Mr. Feeney. Oh, I say- 

Q. Now, will you be kind enough to answer- 

Mr. Feeney. I was hitched up with the best candidate of the lot, James A. 
Gallivan, and don’t make any mistake about that, and you were on the fence. 

Mr. O’Connell. Cheers from the mob. Is this your mob or Lomasney’s mob? 

Mr. Callahan. Ask your questions. 

Q. You have been reading the papers of Boston for the last 25 years?—A. I 
think the first I remember of any Boston papers was the old Boston Herald 
of 1867. 

Q. l"ou know in the Boston papers for the last 25 years you have been 
pictured and written about as the boss of ward 8. That is true, isn’t it? 

Mr. Feeney. Now, wait a minute, please. 

The Witness. Pardon me. 

Mr. Feeney. I object, and I ask for a ruling. 

Notary Mancovitz. Objection sustained. 

Q. Is the rest of your testimony on the same par as far as the truth is con¬ 
cerned, with your denial that you are the boss of ward 5? 

Mr. Feeney. Stop, please. It is a fundamental proposition of law that no 
witness has a right to characterize his own testimony. Therefore, I object. 

Notary Mancovitz. Objection sustained. 

Q. Do you know the penalties of perjury? 

Mr. Feeney. Again pardon me. 

Q. Don’t you? 

Mr. Feeney. Pardon me, sir. That question was asked and answered at 
least half a dozen times yesterday. 

Q. All right. Now, then, if he is afraid to answer those questions, let us see. 
You state you gave a reason for your present support of Mr. Fitzgerald, in 
which you have combined an attack on Mr. Tague, questioning his honesty, and 
I am going to ask you now if this statement made about you by John A. Sulli¬ 
van that you had never earned an honest dollar in your life is correct?—A. 
John A. Sullivan is a liar. John A. Sullivan was chairman of the finance com¬ 
mission for years. He said when he took the place he would put me in jail, 
and he had a fight, I guess, to keep out of it himself oftener than I have. 

Mr. O’Connell. I am going to call your attention to the fact that the mob is 
again expressing its manifestation. 

The Witness. You made that suggestion, and I made my answer. 

Mr. O’Connell. I am talking about the mob, not about your answer. 

The Witness. That is all right, sir. I defy John A. Sullivan just as I defy 
you and any liar, you and every dirty crook in town like Tague. 

Q. Now, when these brainstorms are over, if you will just come down and 
answer the question. That is all I need.—A. That is all right, sir. Ask a 
proper question. Treat me just as you would want to be treated if I was there 
and you were here, respectfully, properly, and fairly. Fight for your client, 
but don’t think you have got the “ suck ” to put any question over on me, for 
you are a mattress, illegal voter yourself, and if you got your dues you would 
have been arrested for illegal voting. 

Q. Is this brainstorm over?—A. If you want to go into any more of it and 
take it up, treat me decently and properly, and I will go through like a gentle¬ 
man. I extended my thanks yesterday for your courtesy, but don’t start on a 
lot of immaterial matters, because I don’t want to say a word against any man, 
I don’t want to say a word against any man, but when you start- 

INIr. O’Connell. Let us see what Mr. Fitzgerald’s interests are. Go to it. 

The Witness. Pardon me. When you start to put over anything on me and 
put me in the same category as John A. Sullivan and any of that class of men 
who associate with him, to pull everybody down, they are in just the same 






TAGUE VS. FITZGERALD. 


551 


position as you are hollering here against mattress voters, when you are an 
illegal mattress voter yourself, 

Q. Mr. Lomasney, don’t think you can threaten me, because I am one man 

in Boston you can threaten as long as the-A. You are the biggest expert 

in Boston. 

Q. All right, we will see.—A. You are the biggest expert in Boston, 

Q. All right, I am after you, anyway.—A. You don’t dare to summons cer¬ 
tain men in this case, because you know it. 

Q. Y’'ou give me the names, and I will see. Give me the name of any man.— 
A. I will give no name. Get them from your stool pigeons. 

Q. Give me the names of any stool pigeons.—A. There is one right there 
[indicating!. 

Q, Who is he?—A. Look at him. 

Q. Who is he?—A. Pick him out yourself, be quick, be active, be quick. 

Q. Who is it? You are pointing toward this mob hack here.—A. I wasn’t, sir. 
Q. Which of them?—A. Put on your glasses. You are getting old like my¬ 
self. 

Q. Name the men you want me to-A. You name them. 

Q. (Continuing). To summons.—A. I am not running your fight. 

Give me a single one. A. Put Peter on the stand and let me cross-examine 

him. 

Mr. Feeney. How about that challenge? Put Tague on the stand and let 
him cross-examine him. 

Mr. O’Connell. Mr. Tague was here, and Mr. Feeney, you had a chance to 
cross-examine him. 

Mr. Feeney. I wasn’t here. 

Mr. O’Connell. You quit. 

Mr. Feeney. I will surrender the right to Mr. Lomasney. Why don’t you 
put him on and let Mr. Lomasney cross-examine him? 

Q. Name the stools you want me to- 

Mr. Feeney, What about that challenge? 

Q. (Continuing.) Put on here.—A. First the men whom you have been send¬ 
ing around asking for information, if any who had the United States war in¬ 
surance badges and went all through this city. Put those men on. Put on Ryan, 
whom Mr. Brogna found, and he is down in the North End. Put on the other 
men whom you got that testimony from you read from. Where are those men? 
If you have competent, proper investigators, your duty is to put them on the 
stand. Let us see who they are, their character, their antecedents, the value 
of their testimony. That is the way cases are investigated. 

Q. Again I will ask you to name me the men whom you want summonsed.— 
A. I want nobody summonsed. 

Q. Then forever keep your mouth silent about that statement.—A. I will 
never keep my mouth shut when you are talking about me, because I can put 
you overboard every time, 

Q. I have called that, all right. Now, then, we will see about this alliance 
between you and Mr, Fitzgerald. 

Mr. Feeney. Pardon me, Mr, Notary. In view of what counsel has just said, 
if he will give me the names of the men who secured the testimony or the 
stuif that he has been reading from, I will undertake to try and bring them 
here, and I will undertake myself, if it takes the greater part of the 40 days, 
to cross-examine those men. Now, will you produce them? Will you give me 
the names, Mr. O’Connell, the names of the men who furnished you the stuff 
that you have been reading to Mr. Lomasney for two days? 

Mr. O’Connell. No. 

Mr. Feeney. No. Go ahead with your hearing. 

Mr. O’Connell. If you will bring in first- 

]\Ir. Feeney. Go ahead with your hearing. 

Mr. O’Connell (continuing). The names of the two or three hundred who 
have been summoned here to appear and whom you and John F, Fitzgerald 
have been keeping from this hearing, I will give you the names of the men who 
gave me that, but give me yours first, in order. 

Mr. Feeney. Give me the names of them both now. Pardon me. Give me 
the names of the men you have been working under the war board getting this 
information for you, give me the names of both of them and see what will 
happen. 

Mr. O’Connell. Produce the Hendricks Club list, and I will give you the 
names of the informers in it. 






552 


TAGUE VS. FITZGERALD. 


IMr. Feeney. I have called your bluff now. You don’t dare to do it. 

Mr. Lomasney. I don’t believe there ever was an informer in the Hendricks 
Club. That is left for you to be an informer, and you have always been an 
informer. 

Q. Well, where do you get your information if you do not get it from the 
inforriiers of the Hendricks Club?—A. There are no informers in the Hendricks 
Club. They live sometimes in Brookline and vote in Dorchesteer, and their 
names—one of their names begins with Joseph F. O’Connell. 

Q. Now, you think you are going to get me going, Martin. Well, you are not. 

Mr. Feeney. You are gone. 

Q. Everybody knows where I live.—A. I got you going now. I had you going 
when I made you admit you were an illegal mattress voter. 

Q. Oh, no; you didn’t.—A. Because when you ask me what is a mattress voter, 
I gave a description of your action, and if you had brains you would have said, 
“ Well, that just fits me.” Well, I could appreciate—I can appreciate what 
attention any committee of Congress is going to give a man who denounces poor 
men for doing something and admits he has done the same thing himself. 

Q. There is a brain storm. It has taken four minutes for him to get over 
that. A. It is hitting pretty hard. It is hitting pretty hard. Now, proceed. 

Q. And I am going to ask you now if you know if Mr. Fitzgerald charges you 
with being a grafter?—A. I do not know anything about that. 

Q. I want to read you the following. See if you recognize it—A. Go ahead. 
Bead anything. 

Mr. O’Connell (reading) : 

Mayor Charges Lomasney with Ml^ch Grafting—Has Lived on Politics for 

the Last 15 Years —So Says the Republic—Also Accuses the Czar of 

Spending Fitz Money for Frothingham. 


Mayor Fitzgerald in his Aveekly paper last evening charged that Martin M. 
Lomasney had lived on nothing but political graft for 15 years. It is part of 
the most remarkable attack ever penned by any mayor of Boston since the city 
was founded, and although it does not bear the stamp of an official document, it 
is the personal and expert testimony of one who, for the greater part of 15 years, 
has plotted and played politics with Lomasney as his ally and tutor. 

Fitzgerald has, it seems, broken away from Lomasney for good and all, and 
the decision of the grand jury in the famous McNary charges is followed by a 
bitter attack upon the ward 8 boss. 

TO DISCHARGE ALL. 

This, it is said, will be followed by the discharge, as soon as possible, of all 
city employees prominently identified with the ward 8 leader, and last evening 
the mayor’s friends, reading advance copies of the Republic, were boasting that 
the Hendricks Club would soon be an empty shell. 

The Witness. It is still there. 

Mr. O’Connell (continues reading:) This is the remarkable utterance of the 
present mayor of Boston, which is printed in this week’s issue of the Republic: 

GOES the limit. 

Everybody in town is having a great laugh over Lomasney, the reformer, 
Martin, the Brave, who was in everybody’s mouth a few months ago as a great 
fighter and a man whom defeat would never discourage, is now the butt of the 
town. 

A few years ago, when in the board of aldermen, he called the world to wit¬ 
ness that “ he was in politics for what there was in it.” He is known to have 
lived by no other method than graft for the past 15 years, and yet, when he is 
down and out because of his own idiotic political tactics, he is the first to run 
and yell, “ Stop, thief ! ” 

It is an old saying that “ It takes a thief to catch a thief,” and perhaps Martin 
is right in the direction that he is fighting, but we are of the opinion that the 
Republicans on Beacon Hill are not foolish enough to be caught by any such 
game as Martin is now playing. 

Q. Are you familiar that Mr. Fitzgerald said those things about you? 

Mr. Feeney. AVait a minute, Mr. Lomasney. Now, Mr. Notary, we are 
trying to get information relative to votes that were cast in 1918-^ast for 
Mr. Fitzgerald and cast for Mr. Tague, and as to whether or not the votes 


TAGUE VS. FITZGERALD. 


553 


Fit 72 -ir‘iid ft it f ^ consequence what Mr. Lomasney said of Mr. 

F ^ .V ^ no consequence whether, when Mr. Lomasney or Mr. 

f ^ Lomasney and Mr. Lomasney said things 

p-prtm nr fl’ brother O’Connell here was lick-spitting with Fitz- 

foT-P T nt^ bis brother was his secretary; that i^ of no consequence. There- 
r.pt confine ourselves to the question as to whether or 

quLtion hJi’e'^'' properly and counted honestly. That is the only 


He isnt telling us anything new. Everybody knew that Mr. Fitzgerald and 
Ml. Lomasney fought in the past. Everybody knew that Mr. Fitzgerald 
b ought up and supported Mr. O’Connell, brought up his brother and made 

^od took them up from the gutter and made men out 

deserted him, because he would 
not lot them control the patronage out in Dorchester, but what has that got to 
do with this hearing here? I submit now it is your duty to see that the 
counsel upon both sides confine themselves to the issue as to whether or not 
votes were honestly cast and honestly counted in 1918. 

Notaiy Mancovitz. Mr. Feeney, the statute governing the proceedings pro¬ 
vides that the evidence- 

Mr. O’CoNNEnn. Now, I want to say to you, sir, that- 

Notary Mancovitz. Now, one minute, please. 

Mr. O’Connell. I want to say to you, in answer to that that you are not 
to do any talking around here. 

Notary Mancovitz. I will do some talking. 

Mr. O’Connell. Let us see. The less you have to say, the better. I want to 
say to you I am going to show to Congress the charges that this man makes 
\\hen he says that Mr. Tague is unfit, that Mr. Tague is a thief, and Mr. Tague 
is a grafter, and that Mr. Tague is this and Tague is the other thing, that 
Fitzgerald says that that is a common practice of Mr. Lomasney and^it has 
been his practice for years to denounce everybody as a thief and a grafter and 
liar and quitter, and I am going to show that at this time when he is reading 
into these records these infamous charges against this man who stands in Bos¬ 
ton as one of the best beloved of its citizens, because of his honor and his 
mmihood, I say to you that I have got a full right to tell you and bring into 
this record what this man has been accustomed to do when he charges this 
man with the same things that he has charged Peter Tague with, Peter Tague, 
whose affections in that district amounted to such that over 7,000 men went to 
the trouble of putting a sticker on the ballot, 7,000 men that have hurled the 
lies back into the infamous tactics of these men, and I am going to show Con¬ 
gress this man is simply pursuing the rotten, mean politics of the gutter poli¬ 
ticians, and it wasn’t a believable story. 

Now, I ask you, sir, to let me proceed with that purpose in mind, and I am 
going to proceed. 

The Witness. Mr. Feeney, I would ask you as a personal favor to let me an¬ 
swer this gentleman. 

Mr. Feeney. Now, Mr. Lomasney, I know you would like to- 

The Witness. His blathering and his bitterness don’t scare me a bit. I 
want to say this- 


Mr. Feeney. Pardon me. 

The Witness. Let him read the date of that paper. What date is that? 


Par¬ 


don me, read the date of that. 

Mr. Feeney. Pardon me. He won’t give you the date of the paper. 

The Witness. I have a little personal feeling, too. Give me the date of that 
paper you were reading from. What is the date, please? Give me the date of 
the paper you are reading from. What is it, please? Give me the date of 
the paper you are reading from. 

Q. Is it true any time?—A. Give me the date of that paper. 

Q. Is it true any time?—A. Give me the date of that paper. 

Mr. Feeney. Pardon me, sir. 

The Witness. Give me the date of that paper. 

Q. Is it true any time?—A. Give me the date of that paper. Now, don’t be a 
quitter. Where is the paper? Give me the paper. I will pass it back to you. 
Give me tbe date of that paper. Are you a dirty quitter?—Are you a dirty quit¬ 
ter? Produce the paper. I will give my word I will pass it back to you. Put 
the paper on the table. 

Q. There is another brainstorm. A. Put the paper on the table. You stand 
up and you read something. You say, so and so. Put that paper on the table. 






554 


TAGUE VS. FITZGEKALD. 


I will pass my word it mil go back. Hold it in your own hands. What a dirty 
contemptible trick, and you say you are a square man. 

Q. Is it true?—A. Where is your paper? Put it on the table. Are you 
afraid of it? Pass it to the notary. Pass it to Mr. Berman. Let me see the 
date of it. 

Q. Are you through?—A. You quit, and O’Connell, the man who said he 
never quit. Don’t you see him quit now? Of course he is a quitter. 

Q. I am waiting for you to finish. A. I am through now. 

Q. Now, I am waiting tor you to quit before I give you this paper. 

Notary INIancovitz. One minute, gentlemen. 

Q. I am going to ask you this: Is what has been charged by Mr. Fitzgerald 
against you true or was it true at any time?—A. It is an absolute lie. 

Mr. O’Connell. All right. Now, then, Mr. Berman, I hand you the paper 
in order that he may see that every word I read is contained in that article 
[handing to Notary Berman] published in a Boston paper, and the date of 
the paper is there. 

Notary Berman. You wanted that to pass? 

Mr. O’Connell. He said to hand it through you. I have done so. 

Mr. Feeney. I haven’t the slightest doubt—^i^ardon me. 

The Witness. It don’t say what paper this was in. 

Mr. O’Connell. You read it, it is the Boston Journal. 

The Witness. Where, sir? 

Mr. O’Connell. It is there. 

The Witness. Where, sir? 

Mr. Feeney. If you will pardon me, please? I know the witness would like 
to answer counsel, but it has nothing to do with the issue here. I would like 
both parties to confine themselves to the issue, if they will. 

Mr. O’Connell. That [indicating] says: “Mayor charges Lomasney with 
much grafting,’’ and is in the Boston Journal of that date, March 14, 1906, 
and it is the type of the Boston Journal, and it is from the Boston Journal. 
Inside there it says it is the Boston .Tournal, and the Republic of the following 
date, March 15, has the article in full, from which this is quoted. 

Mr. Feeney. Pardon me. just a moment. Wait just a moment, please. 

Mr. O’Connell. Mr. Fitzgerald can bring it in. His secretary, Mr. Martin, 
is right in the room, and Mr. Martin can go and furnish you with that copy 
of the Republic. 

Mr. Feeney. Mr. Notary- 

Mr. O’Connell. Mr. Martin, will you be good enough to bring down here all 
the Republic of March 14, 1906? 

Mr. Feeney. Mr. Notary, I notified counsel—pardon me, Mr. Lomasney, for 
a minute. I notified counsel yesterday in due season that to-day I would have 
John F. Fitzgerald here as a witness willing to testify, and perhaps he will 
produce all you want. Mr. Fitzgerald is here now, and perhaps he will produce 
all you want, and as soon as you will complete your examination of this wit¬ 
ness, it is my intention to put Mr. Fitzgerald upon the witness stand. Now, 
can’t you please hurry up with this witness? 

Mr. O’Connell. I serve notice on you now that when Mr. Fitzfierald appears 
I am going to ask to have him bring with him that issue of the Republic that 
is referred to in that article, namely, the issue of March 15, 1906, and all other 
issues containing Mr. Fitzgerald’s expression of opinion and character of 
Martin M. Lomasney. 

Mr. Feeney. I think perhaps he will 'bring those and bring some he said 
about you at the same time. 

Mr. O’Connell. Let him bring anything that he has. 

Mr. Feeney. He will be here. 

Mr. O’Connell. And let the world bring in anything they have got. 

Mr. Feeney. He is here now. 

Mr. O’Connell. I am not on trial. He is. 

The Witness. Now, let me- 

Mr. Feeney. I wish you wouldn’t, Mr. Lomasney. 

The Witness. I just want to say a few words in regard to that thing, if you 
will do me a personal favor. I don’t want to weaken your cause any, but I 
think that is- 

Mr. Feeney, I will waive at fhis time, but in the future, I am going to ask 
you- 

The Witness. IMr. O’Connell, let me say to you about that—I never saw—at 
that time we were bitter political enemies. You say the charge was around 






TAGUE VS. FITZGERALD. 555 

1906 no (late on it, so I do not know, bnt Mr. Fitzj?erald went into the office 
or mayor with those feeling:s, as yon say, ag^ainst me. 

Mr. O’Connell (to associate counsel). Give me that other- 

The Witness. Now, if you don’t want to sive any attention- 

Mr. O’Connell. I am paying attention to yon, sir. 

The M iTNEss. I will wait until yon are tiironsh, because I do not want to 
interfere with Mr. Feeney’s case. He is doin^ me a personal favor. 

Mr. Feeney. W ait until the Harringtons and the Goodwins and the O’Connells 
keep quiet, and then go ahead. 

Mr. Harrington. I ain’t saying a word, John. 

Mr. Feeney. No ; yon are just jumping around like a bantam, that is all. 

IMr. O’Connell. Yon have them all worried this morning, Arthur. 

Mr. Feeney. W^ait until they quiet down, brother, and then hand it to them. 

The WITNESS. Are yon ready, Mr. O’Connell? Mr. O’Connell, I couldn’t find 
the date of that paper, as I told yon frankly. I don’t doubt it is on there, but 
I can’t read it. Yon say it was some time in 1906. Am I correct?—That is all 
I want to know. 1906. 

Q. March 14, 1906.—A. Now, I tell you- 

Q. xVnd the Republic that it refers to, quoting from the Republic, is either 
of March 15 or 16, the day following that, 1906.—A. I just simply, as I say, ask 
Mr. Feeney to give me this. Now, sir, he went into the office of mayor in 1906. 
He made charges, we will admit, for the purposes of your statement, that is true. 
You read conclusions of what was going to happen to me, and what has hap¬ 
pened to other people. I have lived in this city continually since 1906, and you 
read in something John A. Sullivan said. 

Q. Not in that article, sir,—A. He succeeded afterwards as chairman of the 
finance commission. I have lived in this city since 1859. As a youngster, I went 
to the polls before I was of age, in 1876, and worked for Tilden and Hendricks. 
There is no man—you understand this, Mr. O’Connell—that no man can come 
forward and say he ever passed me a nickel in his life. I defy anyone. I 
know, sir, that makes you think, because you never done anything without you 
were paid for it. That is my answer, sir. 

Q. That is exactly what the papers say, whenever you get up against it, you 
charge “ thief.”—A. And your fees while in the building department, while your 
brother was Mr. Fitzgerald’s secretary, are well known, and I heard you plead 
at Mr. Fitzgerald’s knees for mercy and an opportunity to make money, and 
say, “ For God’s sake, John, give Don and I a chance.” 

Q. Now, Martin, you have incorporated into the record a deliberate, malicious 
lie, because I never made a dollar out of City Hall.—A. You are the biggest 
whiner I ever saw—at Fitzgerald’s feet in my office, in my office. 

Q. You are committing perjury.—A. You are the biggest whiner. I have seen 
Tague whine, but you beat him. 

Q. Now, where is that article? Now, you are pursuing that same thing that 
Mr. Fitzgerald says, that whenever any man commences to show you up in 
your true light, in order to divert attention, you say, “ stop thief.”—A. I am 
giving you a- 

Q. You are pursuing exactly what Mr. Fitzgerald said of you in 1906, are you 
not?—A. I showed you my opinion of that. John F. Fitzgerald, the “old hoy” 
strategy, Quincy, Lee, and all the men who I ever fought never could go out after 
we had a battle to say they ever passed me a dollar, and I have 20 years of public 
record in this city. Bring up anything I ever done. Bring up any vote I ever 
cast against the poor, not like you and some more of you who never were given 
very much opportunity, hut who always improved it as you did, to stand by 
Cannon, and he was a Republican, although you were a Democrat. 

Q. Is Mr. Fitzgerald true in this statement when he says “ Lomasney is 
known to have lived by no other methods than by graft for the last 15 
years ”- 

Mr. Feeney. Pardon me. 

Q. Is Mr. Fitzgerald telling the truth about you there? 

Mr. Feeney. Wait a minute, please. I object. 

Notary Mancovitz. Excluded. 

Q. Is he?—A. I follow the flag. I made a deal with Mr. Feeney. I keep 
my word. 

Q. You are deserting the flag now.—A. I made a promise, and I kept my 
word. 

Mr. Feeney. He asked for one explanation, and he put it onto you. Now, 
come up to 1918, both of you. 







556 


TAGUE VS. FITZGERALD. 


Q. In other words, yon and he expect to be able to use this record for vinifi¬ 
cation, false charges, and then when I seek to cross-examine on the truth of the 
■statement, you object and don’t allow it to be answered. Is that the story ? 

Mr. Feeney. Now, wait a minute, please. I object as to what I intend to do 
or what he intends to do. We are dealing with the question as to whether or 
not ballots were properly cast and counted, and that is the only question that 
is before the commission. 

Mr. O’Connell. You leave the bars down for Mr. Lomasney to make false 
charges, and then you put them up immediately when he gets through with 
them. 

Mr. Feeney. No, no. 

Notary Mancovitz. Mr. Stenographer, you can take five minutes’ recess. 

Mr. O’Connell. Again coming to the rescue when Mr. Lomasney gets where 
I was getting him to admit some facts. This is cross-examination, sir; and I 
am entitled to be heard on it. There the notary goes and gives a recess so 
you and he can confer. 

I am going to call attention to the fact that this recess is called at 11.30, 
when the hearing was called at five minutes past 11. The recess is called for 
the deliberate purpose to give counsel and associates—Mr. Fitzgerald and Mr. 
Callahan going now in conference with him. 

Mr. Feeney. I am trying to find out if Mr. Fitzgerald is here. 

Notary INIancovitz. Mr. Feeney, I may say this: The stenographers have 
asked me to take a recess every half hour so they can rest up and take the 
testimony. 

(Short recess.) 

Mr. Feeney. Is the notary ready? 

Notary Mancovitz. I shall ask the marshal if any men make any remarks in 
the audience, to expel them from the room. If you want to sit here quietly 
and listen, you can do so. If you want to dem-onstrate one way or the other, 
you will have to leave the room. 

Mr. O’Connell. I am, at this time, going to insist, Mr. Notary, that in view 
of what has taken place, that in the interest of decency and orderly procedure, 
that you call upon the marshal to send you as many men as necessary to keep 
the peace, and I am going to ask you to do it now. It is idle to think that this 
mol), that have made the demonstrations are going to in any way be guided or 
restrained by any remarks from you urging it. 

Now, I am going to ask you, in the interests of your own client, in the inter¬ 
ests of Boston, to send for the marshal. He is right downstairs. He has 
plenty of deputies, and he is willing to send them here if you will ask for them. 

Notary Mancovitz. Mr. O’Connell, I might say this: People have a right to 
be here and see what is going on. I am going to ask the people to listen and not 
be demonstrative. From what I see, they are decent, respectable people, and 
if you will control yourself, there will be no occasion for any marshal here. 

Mr. O’Connell. Do you refuse to send for the marshals? 

Notary Mancovitz. I see no occasion for a marshal at the present time. I 
have no authority to ask a marshal to come here. 

INIr. O’Connell. Mr. Harrington, will you be good enough to go down to the 
marshal’s office and request him to send somebody up here? These disorders 
are getting disgraceful, and they can not be continued. 

The Witness. Note that the witness on the stand said it was INIr. O’ConneH’s 
vile outbursts and insulting remarks that caused all the disturbance. 

Daniel T. O’Connell, Esq. I am associate counsel, and I want to make a 
statement here. This turbulence and this disturbance was caused partly by 
myself in this respect: That the moment this recess was declared, Mr. John R. 
Fitzgerald came across here and called me a German spy, in the hearing of Mr. 
Callahan and others. I would pay no attention to that ;* I wouldn’t ask for the 
privilege of making this statement, but it is a harsh thing, even though you are 
an attorney and in an important proceedings, to restrain yourself when a man 
will call you the spy of the enemy of your country. 

I had the honor to wear the uniform of a captain of the United States Army. 
[Applause.] 

That is ni'ore than that man had. It comes with ill grace from every man 
affiliated with the other side to blacken the character of every other man, 
whether he is counsel or not. 

That is what has caused the outburst of this Mr. Fitzgerald, who is a lieu¬ 
tenant of this man on the stand, and obeying his every whim and caprice. 


TAGUE VS. FITZGERALD. 


557 


when he can’t tind any other charge, and coming and saying against a man,, 
say he is a spy; and if it were not for the fact that it was in a court pro¬ 
ceeding I would give him the answer that he should have. 

That is what has caused this, and that is what has caused all these insult¬ 
ing remarks, trying to blacken people, blacken Tague, blacken my brother, and 
Ihbn trying to l)lacken me with such an outrageous charge. [Applause.] 

The \Vitnb:ss. Pardon me. May I just say a word? Mr. O’Connell, you will 
appreciate, sir- 

Q. Please answer the (piestions asked you.—A. Be fair now. I respect you, 
Mr. O’Connell, and I respect your brother. I respect your position as counsel, 
and I know the gentlemen you are tighting with. I understand we had no per¬ 
sonal feelings whatever when this unfortunate controversy took place. I have 
too much respect for l)oth of you to want to tight over any of these men, because 
1 have been with them all and I know how they appreciate political services 
after they get it, and if I am treated decently, as your brother did me yester¬ 
day, and knowing me as he does, and knowing you all, he knows charges have 
been always made against me by the press, by politicians, and that nobody 
ever proved anything against me. 

I want you to realize that my old sRin is as uougli as that table [indicating] ; 
that I have a iiosition in the community that I must maintain, and I am trying 
to conduct myself fairly and properly, and I appreciate your feelings, and I 
am very sorry anything of that kind took place, because I respect the both of 
you. Tague or Fitzgerald—why, Tague, God bless him, I know what he will da 
u'ith you gentlemen after he has used you as he used me. 

Why should we tight over it? Let us be men. You men are respectable men. 
You have families, and it is only in a man’s family that made me pause. I 
don't want to throw any mud at any man, but I want you to be fair and I will do 
everything I can to be decent and respectable, but I, myself, sometimes my 
blood gets hot, as yours does. That is the whole story. There is no disposi¬ 
tion to do a thing, but you must realize when you put in this thing, IVIr. Fitz¬ 
gerald was in power at that time, and Mr. Fitzgerald and INIr. .Tohn A. Sullivan, 
as you .gentlemen know, and all that powerfud coterie done everything they 
could to send me to jail or send me out of politics, by doing anything. You 
know, sir, because you were in the mayor’s office, that they never had anything 
on me. They never produced anything on me. They never could produce any¬ 
thing on me, and if they could have, they no doubt would have disposed of me 
when I was interfering with their plans, just the same as they disposed of any¬ 
body else. I do not want to have any trouble with you two gentlemen over them, 
either one of them, and I trust everyl)ody here will realize that these men 
who run for office to-day, as I said, ain’t like the men of old. They could 
fight over them, strike one another, get killed or might get hurt. It is non¬ 
sense, Mr. G’Connell. .lust as you know about Mr. Fitzgerald, we have differ¬ 
ences. After we get something done, they undervalue your friendship—after 
the.v get it—and they turn on you. 

Now, let us proceed, and I will try to cooperate, as I have, and, as I say, I 
was appreciative of your brother’s courtesy to me yesterday, but I have to hit 
back, with the elements that are in me, and I try to be fair. I do not want 
to hit any man below the belt. I won’t even if I am on the floor, gasping for 
breath. That is my position. 

Daniel T. O’Connell. You and I have known each other since I was in 
newspaper reporting—since 1897. 

The Witness. I think you are on the level. 

Daniel T. O’Connell. If you know anything about me you can bring into 
this case- 

The Witness. I wouldn’t if I could. 

Daniel T. O’Connell. From my political experience, you are welcome to 
do it, but I ask you this: When you carry around with you men of the type of 
this man, tell them not to go and call men “ Sons of bitches and bastards 
under their voices where it isn’t heard, and then wind up by calling them spies 
of their country’s enemy. 

The Witness. I did not hear the gentleman say that, of course. I do not 
ever believe in quarreling that way. 

Daniel T. O’Connell. These hearings can be conducted orderly, without 
bringing in the vulgarity, obscenity, and everything else. 

The Witness. If you men will keep cool and not start yourselves, we can get 
along, because this is a test of government. This is a test for a hearing con- 




558 


TAGUE VS. FITZGERALD. 


ducted in a proper way. This is a question of how those men who are pro¬ 
ceeding and who are acting for both parties cooperate. I don’t want to see —1 
want to see a good, square, fair hearing. I am willing to answer any proper 
question. I will do it in my own way, and I do not want to insult anybody. 
Now, what can I do any more than that? 

Mr. O’Connell. I want to call your attention, Mr. Mancovitz, that at my re¬ 
quest Marshal Mitchell has sent to this room his deputy marshal, Mr. Backus, 
and I want to call to the mob’s attention the fact that this is a IJnited States 
marshal here, who stands here. [To Marshal Backus.] Show your badge, 
INIr. Backus, so they can know it. Let them know the majesty of the law. Will 
you please keep order? 

Deputy Marshal Backlts. I am here to keep order. 

Notary INIancovitz, I am going to call your attention to that man, sitting witi 
his hands to his chin. The first demonstration he makes, throw him out. 

Mr. O’Connell. Why not kick them all out? 

The Witness. Every man ought to keep order. 

]\Ir. Feeney. I suppose the marshal will do his duty. 

The Witness. One or two men can talk, can’t have the whole crowd talk. It 
is hard enough to keep one or two quiet. 

Q. I want that article.—A. I passed it back, Mr. O’Connell. I think I did, 
anyway. 

Q. Immediately upon declaring this recess, you went into that room where 
John F. Fitzgerald was, didn’t you?—A. I did not, sir. I went out there and 
never saw Mr. Fitzgerald. I went to the toilet. I haven’t seen Mr. Fitzgerald 
at all. 

Q. Didn’t you stand there with INIr. Fitzgerald right at the door with you?— 
A. No, sir. I went out that door [indicating], sir, and everybody here knows 
it. I went out before you had the altercation. I went to the toilet 

INlr. Feeney. I excused Mr. Fitzgerald liefore Mr. Lomasney went out. 

Mr. O’Connell. I wasn’t talking to you. 

The Witness. I came back to that room, and he wasn’t there, sir. 

INIr. O’Connell. You have helped this witness enough. 

Q. INIr. Lomasney, I would like to ask you if you are to-day, in the vilifica¬ 
tions you have heaped upon everybody here, following—^if you are not fol¬ 
lowing the same tactics that Mr. Fitzgerald accused you of in this article that 
I read to you? 

Notary Mancovitz. Excluded. 

INIr. Feeney. To that I object. 

Notary Mancovitz. Question excluded. You need not answer it, Mr. Lo¬ 
masney. 

Q. All through your political career it has been your custom to vilify and 
abuse every man that was opposed to you, isn’t it? 

Notary Mancovitz. Excluded. 

Mr. Feeney. I object. 

Notary INIancovitz. You needn’t answer it. 

]\Ir. O’Connell. I intend to show by these questions- 

Notary INIancovitz. Ask the next question, 

INIr. O’Connell. That this man has always pursued these dastardly tactics of 
attacking a man’s reputation and trying to blacken it whenever he has been 
opposed to him. I insist, sir, that I have got a right to show the members of 
the congressional committee that the charges he has made against INIr. Tague 
are in keeping with his whole political conduct of the past, and that he is 
nd\v sinqily doing what he has done for 2.5-odd years, and I maintain it is per¬ 
fectly relevant, that it is absolutely material, that it is necessary in order that 
the congressional committee may understand wholly the value of the statements 
that he has made against Mr. Tague, the unsubstantiated vile statements that 
he has gotten into the record, and I insist, sir, that you permit me to examine 
him along that line. 

Notary Mancovitz. Ask the next question. 

Mr. O’Connell. Do I understand you rule that out? 

Notary Mancovitz. Yes, sir, 

Mr. O’Connell. What is your reason, sir? 

Mr. Feeney. Pardon me, sir. 

Notary Mancovitz. Ask the next question. 

Mr. Feeney. Pardon me. You do not have to give any reason. 

Mr. O’Connell. Listening to his master’s voice. 



t 


TAGUE VS. FITZGERALD. 


559 


Q. I call your attention to the following newspaper article, under great, 
big headlines, which I will introduce as an exhibit: “ Lomasney uses whip 
overtime. The boss and his machine followers bringing pressure to bear on 
recalcitrant ward leaders. The collar is pushed on. Fear of losing tneir 
partronage controlled by organization is being worked upon in desperate at¬ 
tempt to swing workers into line.” Did you see that article in the Boston 
Globe? 

Notary Mancovitz. Excluded. 

IMr. Feeney. Pardon me. I object. 

Mr. O’Connell. I offer this as an exhibit. Will you be good enough to mark 
this? 

The Witness. Won’t you let me look at it, anyway? 

Notary Mancovitz. It isn’t necessary. Don’t bother. 

The Witness. You needn’t be afraid. I won’t tear anything up. 

Mr. O’Connell. I didn’t accuse you of it. I have my eyes on you. 

The Witness. Keep them on me. [Papers handed to witness.] Oh, that is 
the old- 

Mr. Feeney. Pardon me, Mr. Lomasney. I object to any answer. 

Q. You have seen that article?—A. I have just looked at it. 

Q. You are familiar with that having been in the Boston papers?—A. No; I 
do not recall it, but I have no doubt it is a Boston paper. 

INlr. O’Connell. AYill you please mark that as an exhibit? 

Notary Mancovitz. The stenographer will kindly note Mr. Feeney objected to 
the qestion, and the answer is excluded. 

Mr. Feeney. And it is excluded. 


(Clipping from Ploston Globe headed “Lomasney uses whip,” is offered in 
evidence and marked “Exhibit 101.”) 


Mr. O’Connell. Judge Morton wants to see us, in order to have this crowd 
restrained. 

Mr. Feeney. Is that so? I understand that is not so. All right. We will 
gladly talk with him. 

(Counsel leaves room.) 

Mr. O’Connell. As the result of Judge Morton’s order the deputy marshal 
announces there will be nobody allowed in this room except those who can 
hold peace, and others .are to he kept out, after this session, as the result 
of my complaint calling attention to the fact that the railing is being pulled 
down this morning, to which I called attention, and this mob demonstration. 

Mr. Feeney. You might as well get the facts. Y"ou all notice that gate 
over there is a little off its hinges. They want to fix it, so this afternoon 
there will be no further crowding against that gate and this rail here. 

Q. I want to call your attention to the reverse side of Exhibit 101, to 
which I call your attention, “ Boss is alarmed. Lomasney passes along word 
to workers to keep more quiet. State campaign is excuse offered.” That is 
in the Traveler of October 26. 

Notary INIancovitz. What year? 

Mr. O’Connell. Don’t you be interrupting me, sir. 

Q. The other article on that same page is as follows: “ Boss is hard hit. 
Lomasney clamors about declaration of strong leaders for Fitzgerald. Loses 
support he has counted upon.” Y^ou have seen those articles? 

Mr. Feeney. That I object to. 

Notary Mancovitz. Excluded. Y^ou needn’t bother. 

Mr. O’Connell. Please mark those exhibits. I offer them. 

Mr. Feeney. I object to the exhibit as well. 

Notary Mancovitz. Excluded. 

Mr Feeney. Y’'ou are not going back to the Donovan-Fitzgerald fight again? 

(The article from the Boston Traveler of October 26 is offered and marked 


“ Exhibit 102.”) ^ 

Q. Have you seen this article in the Boston Traveler of October, 1905? 

Mr. Feeney. That I object to. 

Notary Mancovitz. Excluded. 

Q. Have you? 

Mr Feeney. Pardon me. I object to that. 

Q. (Continued.) Depicting you as sitting on the throne or 
holding the key of the city treasury, hiding behind the mask 
office. 

Mr. O’Connell. I offer that as an exhibit. Please mark it. 


mayor’s chair, 
of the man in 





560 


TAGUE VS. riTZGEKAI.D. 


Mr. Feeney. I object to the exhibit also. 

Notary Mancovitz. Excluded. Note that. 

(The clipping from the Boston Traveler, October 19, 1905, is offered and 
marked “Exhibit 103.”) 

Q. I ask you if you have seen this: “ Lomasney’s whip is cracking,”—in 
Oig type in the Boston Traveler—“ Lomasney’s whip is cracking. Lieutenants 
of boss order workers to get into line for machine at once. Must work or 
suffer. Men who refuse to obey order will be denied patronage. Contractors 
receive too small rewards and are holding back for better things”? 

Mr. O’CoNNELE. I offer that as an exhibit. 

Mr. Feeney. I object to the exhibit. 

Notary Mancovitz. Excluded. 

Mr. Feeney. Then the exhibit is excluded. The paper is excluded as an 
exhibit. 

[The article from the Boston Traveler, “Lomasney’s whip is cracking,” is 
offered and marked “ Exhibit 104.”] 

^ I call your attention to this article in very heavy type in the Boston 
Globe: “ Lomasney’s men call for money. Machine informs the contractors 
that the time to step forward and contribute has arrived. Touch the city 
employees.” 

And on the re\erse side of it: “Machine twists screws. Employees in many 
of the city departments assessed large sums and ordered to settle. Sign the 
Donovan cards.” “ Brother of Boss I.iOmasney ‘ asks ’ men in his department 
to indoise Eddie Donovans candidacy for mayoralty campaign.” You have seen 
these articles? 

Notary Mancovitz. Excluded. 

Q. Are you familiar with that? 

Mr. Feeney. I object. 

[Mr. O’CoNNEi.L. I offer this. 

Mr. Feeney. I object to that other. 

Notary Mancovitz. Exclude them. 

[\Ir. O’Connell. I offer them, and kindly mark them. 

Notary Mancovitz. Kindly note on your records that those are excluded. 

(dhe aiticle fiom the Boston Globe, headed “ Lomasney men call for money 
and “Machine twists screws,” offered and marked “Exhibit 105.”) ^ 

Q. I call your attention to the Boston Morning Herald of October 20 1910 
as follows: “Lomasney’s collar on leaders,” in great heavy type. “*Ward 
cbairmen who do not fear whip cracked by boss called upon to save nartv 
Democrats are aroused.” Have you seen that? 

[Mr. Feeney. Wait a minute, please. I object. 

Notary [Mancovitz. Excluded. 

[Mr. O’Connell. I offer it. 

Mr. Feeney. I object to its introduction. 

Mr. O’Connell. I offer that. 

Notary Mancovitz. Note the exclusion. 

[The clipping from the Boston Herald, October 20, 1910, headed “ Loniasnev’s 
collar on leaders,” is offered and marked “ Exhibit 106.”] 

Connell. I offer these exhibits as showing this man as boss of ward 5 

Mr. Feeney. You needn’t waste your time taking that 

Journa? oXbm-^30 1914-^'''''’ following article in the Boston 


election UAEDENS to face charges two ward 8 MEN ACCUSED OF REFUSING 

TO ACCEPT CHALLENGES. 

“ Two election wardens in ward 8 will to-day appear before the election com¬ 
missioners to face charges entered against them by John H. Farlev, who lost the 
h emocratic nomination in the third senatorial district in the primaries to Philip- 
McGonagle, the Lomasney candidate. ^ 

“ The first hearing will be that of Henry 1. Gray, a Democrat, who is warden 
in precinct 4, and whose dismissal has been asked on charges that he refused to- 
accept challenges imyle by Farley men and made threats that affected and intimi- 
iitited \ otets. This is scheduled for 2 o’clock this afternoon. 

The other hearing will be at 8.30 this evening, when Hammond T Fletcher 
a Republican who is warden in precinct 1, will answer to a complaint which 
asks for his dismissal on charges of refusing to accept challenges, failure to* 


TAGUE VS. FITZGERALD. 


561 


ballot, and with having a 

i-ence dating 1)ack 35^velirs ?n*wfdelf PlSSel-'flo-™^^^ charge refers to an occur- 
the matter in the hands of his attorn^v Whon business deal and left 

a record against hln,, a.ul t^ear^ago accw lTn'1:ftr‘\’‘ 

pardoned by the State authorities ” ^ ‘ ’‘Ha to the story, he was offlcially 

Notary Manco\utz. Excluded. ’ 

Q. That is true, isn’t it? 

Mr. Feeney. Wait a minute, please. I object. 

HV who has been summoned to appear here*? 

Mr. Feeney. That I object to. 

Notary Mancovitz. Excluded. 

Q. You refuse to answer that question’ 

Notary Mancovite. You needn’t answer it 
Mr., Feeney. I object. 

Mr. O’Connell. The witness nods in affirmation 

M. FEENE'i. I object-to the question. 

Q. This is the same man, isnt’ he? 

tm!! I ask the witness to refrain from answering this, please 

The \\ iTNEss. Pardon me. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. I offer this article. 

Mr. Feeney. I object. 

Mr. O’Connell. Mark that. 

Notary Mancovitz. Excluded. Note the exclusion 

[The article from the Boston Journal, dated October 30,1914, headed “ Election 
waidens to face charges, is offered and marked “ Exhibit 107.”] 
iQ?i attention to an article in the Boston Journal, September 29, 

ffl4, Fai ley charges ward 8 repeating. Says 150 nonresidents voted there at 
the primaries.” at 

You are familiar with that? 

Mr. Feeney. I object. 

Notary Mancovitz. Excluded. 

Mr. Feeney. I object to its introduction. 

:\Ir. O’Connell. I introduce that and offer it as showing that repeating has 
been going on in that ward regularly. 6 eta 

Notary Mancovitz. Excluded, Mr. O’Connell. The stenographer will note 
the exclusion. 

(The article from the Boston Journal, dated September 20 1914 headed 
“ Farley charges ward 8 repeating,” is offered and marked “ Exhibit lok” ) 

Q. Mr. Lomasney, why did your organization and you print the bills_pay 

for the bills of Hammond T. Fletcher, in the last congressional fio-nf?_A 
Didn’t pay his bills, sir. & . . 

Q. You testified yesterday you paid the printing bill.—A. I said the printino* 
bill was paid; yes. 

Q. Why should the Democratic ward committee, or Democratic organization 

pay for the bills of the Kepiiblican candidate?—A. There was a circular_Mr 

Clair, who was—who is dead—was in charge of the printing and circulariza¬ 
tion of the city. I am very sorry the man is dead, but it is a fact He wrote 
the articles, and he handled all the circulation. 

Q. Mr. Clair Avas then a prominent member of the Hendricks Club‘s_\ No¬ 

lle was not. He was not connected with the organization. He was one of the 
men outside. 


36 



562 


TAGUE VS. FITZGERALD. 


One of the most useful men of the organization?—A. He was very—he 
was an educated man. He went to college and was a very capable man to 
write a circular and do all that kind of work—and he did all that kind of work. 
He had a great, as you know—I do not know as you knowvthe gentleman. 

(^. I know him.—A. He had a lot of ability in that line, so he was given 
absolute charge of circulars to issue that was proper. In doing that he went 
and sent a circular into ward 1 to hold Republican voters of ward 1 in line for 
Mr. Fletcher, who was the Republican nominee, because it was understood 
that Mr. Goodwin and a lot of other Republican voters over there were with 
Mr. Tague. He handled all that situation. He had a circular printed in ward 
1 by John Marno Co.—I think it is—and in due time that bill was submitted 
and paid. 

(}. By whom?^—A. By the Democratic ward committee of ward .'5. 

(h In other words, the Democratic committee of ward 5 was practicing a 
deceit?—A. No, no. 

Q. (Continuing.) (In the Republicans of ward 1, by sending out a circular 
and paying for that circular, to the Republicans of ward 1?—A. No, sir. John 
Marno—John Marno is a recognized Republican in ward 1. He runs a printing 
office, and he was given, by Mr. Clair, charge of that matter; and there was no 
deceit i)racticed, because, as I understood—I never saw the circular—but I 
understand the circular advocated the election of a straight Republican ticket 
from top to bottom. 

Q. That was in order to prevent Republicans from voting for Tague?—A. 
That was in order to get the Republicans to vote for Fletcher, knowing Good¬ 
win and a lot of other Republicans over there were engaged by Tague. 

Q. You appealed in that circular-A. I do not know, sir. I never saw it. 

IMr. C'laii- had full charge, and I haven’t one now. 

Q. You said you had seen the circular?—A. I don't know as I said that. 
You asked me to look for the circular. I looked around and couldn’t find it. 

Q. You said yesterday you had seen it?-—A. I may have, but I know the bill 
was duly presented at that time and O.K’d for $35, $50, $49—something like 
that. 

Q. In other words, the Democratic ward committee of ward 5 paid for a bill 
urging the Republicans of ward 5 to vote the straight Republican ticket from 
top to bottom?—A. No, sir. 

Q. What did it urge?—A. Urged Republicans in ward 1, as I understand it. 

(}. Then ward 1?—A. You said ward 5. 

(F Then ward 5 Democratic committee paid for a circular and sent it out?— 
A.. No. 

Q. “ Urging ”-A. They i)aid the bill. 

Q. They paid the bill?—A. Presented by John Marno, a recognized Republi¬ 
can of ward 1, that was authorized by IMr. Clair. 

(y And that circular-A. I did not see it. 

Q. And that circular purported to advise the Republicans to vote the Republi¬ 
can ticket from top to bottom?—A. You summons in Mr. Marno. I think 
tlie cliairman of the Republican ward and city committee of ward 1 works in 
his office, <ind you will get the circular from them. I haven’t a copy of it. 

Q. They also i>aid for the mailing of the circular, didn't they?—A, Mr. Clair 
had charge of that detail. I do not know, but whatever they tell you will be 
no doubt right It is in the return in the secretary of state's otfice. 

(}. I read that return: “ Commonwealth of Massachusetts, November 30, 
1918." This is a certificate of the treasurer of the ward 5 Democratic com¬ 
mittee, without going into it all—three pages—and at the bottom of the second 
page we fiml this item : “ November 20, 1918, Marno Press, printing and mail¬ 
ing. 45.20.” That is the item,'isn’t it?—A. I think that is the item; yes sir. 
We complied with the law. 

Q. In other words, you had contributed $275 as a contribution to defray 
that expense?—A, The general expenses of the campaign; yes, sir. 

Q. On that sum?—A. If that is—if you will say that is what is down there. 

(), On November 4, 1918?—A. $270. 

(h “ IMartin M. Lomasney, $275.’’ 

Mr. O’CowNELL. Perhai)s I better read that right into the record. Mark 
this as an exhibit, please. 

“ The Commonwealth of Massachusetts, 

''Boston, Novemher 30, 1918. 

“ I, James .1 Ryan, treasurer, certify that the following is a true statement 
of all the receipts, expenditures, disbursements, and liabilities of ward 5, Demo- 





TAGUE VS. FITZGERALD. 


563 


amhoi-irv'or fn'behairnrini ‘''T'- if 

-li ^ weliall of said ward o Democratic ward committee in aecord 

and au.endn.ents 


Receipts. 


Date received. 

From whom received. 

Amount. 

Oct. 31,1918 
Nov. 1,1918 

Do. 

Do. 

Philip J. Feinberg... . 

$125.00 
200.00 
25.00 
50.00 
50.00 
275.00 

John I. Fitzgerald. . 

N. Brown.!!!!!”. . 

Daniel P. Sweenev . 

Patrick Colbert.. . 

Nov. 2,1918 
Nov. 4,1918 

Martin M. Lomasney. . 

^--- ' 

725.00 


Expemlitures or dishursements. 


Date paid. 

To whom paid. 

Purpose. 

Amount. 

Sept. 6,1918 
Sept. 16,1918 
Sept. 17,1918 
Sept. 18,1918 
Sept. 19,1918 
Do. 

Weeks & Doten. 

Letters.... 

$6.00 
4.00 
20.00 
1.75 
15.00 
4.00 
6.00 
20.31 
149.00 

5.25 
15.00 

4.00 

17.50 
25.00 

5.00 
5.71 
27.00 
201.00 
119.74 

2.50 

6.25 
19.79 
45.20 

725.00 

American Sign Co. . 

Sign.... 

Jacobs Press... 

Post Publishing Co... 

Jemsh circular. 

Advertising. 

Jacobs Press.. 

Jewish circular. 

Sept. 21,1918 
Sept. 23,1918 
Sept. 24,1918 
Oct. 11,1918 
Oct. 26,1918 
Oct. 29,1918 
Nov. 1,1918 
Nov. 4,1918 
Do. 



Helen J. McGrath... 

E. L. Slocomb. 

Addressing letters.. 

Printing.. 

Weeks & Doten.. 

Letters.... 

11. Shulman_ 

American Sign Co... 

Hall and distributing circulars.... 

Sign. 

Jacobs Press.. 

Jewish circular 

A. H. Merritt. 

Band... 

H. Shapiro. 

Hall. . . 

Do. 

Different persons_ 

Cat fRrft nnrl 

Nov. 6,1918 
Do. 

J. Frank Facev.. 

Printing.. 

E. L. Slocomb_ 


Nov. 7,1918 
Do. 

John F. Coffev_ 

.do. . 

Stamped envelopes and postage. 

Do. 

M. Bennett. 

Ends . . 

Do. 

Helen J. McGrath... 

Addressing letters 

Nov. 20,1918 

Marno Press... 

Printing and mailing 




Liabilities, none. 


James J. Ryan, Treasurer. 


“ SUFF(>LK, ss: 


“ Novembek 30, 1918. 


Personally appeared tbe above-named James J. Ryan and made oath that 
the foregoing statement, by him signed, is in all* respects correct and true to 
the best of his knowledge and belief. 

“ Before me. 


“ Filed December 1, 1918. 


“ Benjamin Feldman, 

Justice of the Peace. 


‘‘ I hereby certify that the foregoing is 
file in the city clerk’s office. 

“ Attest: 


Mr. O’Connell, I offer it. 

(The return, dated Boston, November 
marked “Exhibit 108A.’’) 


“ City of Boston, 

“ Office of the City Clerk, 

“ March 11, 1919. 

true copy of original document on 


(Signed) M. J. Doyle, 

-Assistant City Clerk.'’ 

\ 1918, is admitted in evidence and 


































































































564 


TAGUE VS. FITZGEEALD. 


Q. Now, when you are blaming this onto Mr. Clair, you are again casting 
it onto a dead man, aren’t you?—A. No, sir; I never pass anything. 

Q. IMr. Clair is dead.—A. I am telling you the facts. I never pass any¬ 
thing. I stand here. 

Q. Mr. Clair is dead, and you are blaming it onto him.—A. He was a factor 
there. He was the man who handled those things. He wrote the circulars. 
I never wrote them. 

Q. That circular was signed by Bernard E. Grant?—A. I won’t say. I haven’t 
it. I do not want to do any man an injustice. I do not know. 

Q. You said yesterday you believed it was.—A. I do not know. As I say, 
I do not know. If I could have found the circular I would have brought it, 
but I haven’t the circular. It was done by Clair, Mr. Clair. 

(I. And Bernard E. Grant is the man who leased your ledge?—A. Bernard 
E. Grant is a gentleman I have business transactions with and leased the 
ledge to. 

Q. Where?—A. Up in Grotto Glen Road. 

Mr. Feeney. What has that got to do with counting votes? 

Mr. O’Connell. What are you afraid of? I offer it in the record. 

The Witness. I do not say Mr. Grant signed that. I do not want to do 
anybody an injustice. I do not know who signed the circular. I want to he 
clear on that. 

Q. How do you leave that now?—A. I leave it, I do not know, because you 
brought in the Grant matter. It might look as if I did not make that state¬ 
ment that it was not occurring. I do not know who signed it. I haven’t 
seen it. 

Q. Grant plays the Republican end of the ward for you, doesn’t he?—A. He 
does not. 

Q. As the result of your business dealings together, you can get him to do 
in politics anything you want done on the Republican end?—A. I can not and 
do not. 

Q. Now, yesterday I asked you about John F. Coffey, and you said you did 
not know him.—A. Sir? 

Q. Who is John F. Coffey?--A. I didn’t catch you, sir. 

Q. Y^esterday I asked you about John F. Coffey.—A. I do not understand 
you, sir. Pardon me, if you did- 

Q. You know this John F. Coffey?—A. Certainly; he has been there for 
years. 

Q. Who is he? 

Mr. Feeney. You asked about Tom Coffey. 

Mr. O’Connell. I know what I am asking about. There are two of them. 

The Witness. Pardon me. I think that is so. I seen a gentleman—he was 
down in the elevator. 

Q. There are two. There is another one.—A. I know this gentleman for 
years. 

Q. AVhere does he live?—A. He lives on Cambridge Street. 

Q. Do you know any reason why he shouldn’t have come here when sum¬ 
moned?—A. John F. Coffey? 

Q. Yes, sir.—A. I do not know any reason; no, sir. Of course, I do not 
know as any man- 

Q. Will you help to bring him here? 

Mr. Feeney. Pardon me; wait a minute. To that I object. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. Now, I introduce at this time this paper article taken from 
the Boston Journal of March 14, 1906, concerning which I made inquiries this 
morning, and ask to have that marked. 

Notary Mancovitz. Excluded. 

(The article from Boston Journal, dated March 14, 1906, “Mayor charges 
Lomasney with much grafting,” is offered and marked “Exhibit 109.”) 

Mr. O’Connell. I am offering that for the purpose of showing that Mr. 
Lomasney was not telling the truth in relation to his relations between me[ 
himself, and Mr. Fitzgerald, and in contradiction of that statement. I will 
also offer to prove that the tactics which he has used of abusing Mr. Tague 
are common tactics with him, that he was accused of using as a practice many 
years ago, and that the charge was made by John F. Fitzgerald, who is the 
contestee in this case, and who knew him so well, as the article state. 




TAGUE VS. FITZGERALD. 


565 


that statemS, suggestions in 

“I hope the 

^ Q. Now. io you; direct atSZ by'Mr" F?’- ^ «“».ded. 

to do with the delay of the election returns Tte^cire^of nothing 

of Boston IS in ward 5, it is not?—A Y™ sir Tbfs hnu r hall 

O Whaf Pft-the whole business pTrt ® '™"h 5' 

Dorchester aud'Hyde l4rk m^I \Ves;"Roy™m-v'''tl''''; farther end of 

hall should get their returns into oh v^hnii / /I'e ^ or 8 miles from city 

city hall is located gets the returns in v precinct in which 

that, sir. 1 etui ns in?—A. I do not know anything about 

Q. Was the delay A. Pardon me. Let me answer 

my^Ilfe. * ohead.-A. I never was a precinct officer in 

sional contest bega^^o th'^ tha't'ni "t congres- 

a strong run against vour cintlidnia Tvir. was making 

fact come to you ^tX »hks Club news of thal 

question? '^um. a. \\ hi jou please repeat that 

wo^i/coimX^d to"gel""tV«ifHX PO'la dosed, 

hini?-A. tvi, the fl.^u-es ?bXd aftty ®'®“ "“h ■ 

o Anri fi^■ the figures came in, that told the storv. 
no?X":'GXth:roi^e“;\re -“® aiey 

including SstXsri‘SVi:i^;‘,'lbet;«^ 

received before the precinct in which city ball itself is located?—A. I ran not! 


no?k^'; «Tkb'oi‘.ftUV™r ““® I ^'0 

nofbXu5pi!!;anrrUo“U!Xr 

repeated it exactly as you gave it to him. ’ “ he 

The Witness. Mr O’Connell, I want to say I did not hear a word he said 
Q. You repeated it exactly.—A. Great minds operate together 

it,might L'knowl; "o evidence of 

hpE' P^dnct officers hi the precinct in which city liall is located are mem- 
beis of the Hendricks Club, are they noti^A. I couldn’t tell you. If you read 

o^cers"are’ ^ ^ hh*” know what the names of the precinct 

Q. What precinct, in order that we may get this record clear, for the pur- 

poses of the record?—A. That is- 

Q. City hall is in what precinct?—A. Precinct 9 
Q. Precinct 9?—A. I think so. 


Q. Where does precinct 9 vote?—A. Precinct 9 votes in Faneuil Hall. 

Q. And Faneuil Hall is a very short distance from city hall?—A Absolutelv 
You know that, and I know it. 

Q. For the purpose of the record.—A. The old historic building 
Q. Who was in charge of that precinct that day?—A. What do vou mean’ 
Which day do you mean? 

Q. Who had charge of that precinct?—A. Which day? 

Q. Primary day.—A. I think l\Ir. McCurdy was down there. 

Q. And IMr. McCurdy is a member of your club?—A. Mr. McCurdy is a mem¬ 
ber of the Hendricks Club. 

Q. It is a small precinct, is it not?—A. Oh, no; a large precinct. 

Q. How large?—A. I guess it covers- 

Q. In numbers, I mean.—A. Oh, it is a very large precinct. 

Q. How big?—A. I should say six or seven hundred votes. 





566 


TAGUE VS. FITZGERALD. 


Q. Six or seven hundred votes?—A. I do not want to be bound by that. 
Whatever the list will show you ; I haven’t the list with me. May be between 550 
and 650. I may be wrong. 

Q. Who was the warden of that precinct?—A. I couldn’t tell you, sir. 

Q. Do you know any reason, if reasons have ever been advanced to you, as 
to why that return was delayed?—A. I wasn’t there, sir, and I do not know 
anything about it. I couldn’t tell you, sir. I tell you, Mr. O’Connell, I think 
the wardens and the precinct officers count them out as fast as they can, to get 
out. They don’t hang around there. I do not know anything about it. It isn’t 
a very agreeable duty, and a very small salary for it. 

Q. That being so, there would be no reason why they should not get their 
returns in, unless orders came from the Hendricks Club to hold them back?—A. 
That is an improper question. Every man likes to get through his work. No 
question the same thing prevailed everywhere. If you are talking about the 
election, you had supervisors and everything. 

Q. I am talking about the primaries now. We will get to the election later 

on. Inasmuch as men like to get through early, you can’t give-A. The 

primary—I want to tell you about the primary day. You speak about the 
primary day. Let me tell you about the primary day. 

Q. Let me ask you a question before you start to answer.—A. I am answer¬ 
ing another question. You can’t ask me one question and then start on another. 
Primary day, as I remember it, and I think you, there was that influenza 
around. It was all over the city. There was a lot of people sick, and a lot 
of precinct officers sick. That is the only thing I want to observe right there. 
That is all, sir. 

Q. That being the case, those precinct officers wanted to go home early?—A. 
I think they were naturally men that had not been accustomed to it, and I 
think that was the case, or the cause of some delays all over the city. 

Q. Mister-A. Mr. O’Connell, let me tell you something right here and 

now. The precinct officers in ward 8 never done a crooked job in their lives. 
They don’t need to do a crooked job in ward 8, because they get the votes. 
They put them in the box honestly and legally, and they count them. 

Q. Wasn’t that the same precinct where Messrs. Fletcher and Gray were 
dismissed because of irregularities?—A. They never were dismissed. 

Q. Is it not in that precinct, that precinct that the charges were made of the 
irregularities?—A. I do not know anything about the charges. 

Mr. Feeney. Pardon me, pardon me. We were going along nicely for half 
an hour. 

Now, please, Mr. Witness, let us stick to the issues here, and I know he will 
cool down after a while. 

Q. You do know Henry Gray was removed as an election officer?—A. I did 
not, and I say it is an unqualified falsehood. 

Mr. Feeney. Pardon me. 

Q. You know Mr. Fletcher resigned under charges?—A. I do not; no. 

Mr. Feeney. Will you pardon me? 

The Witness. Yes. 

Mr. Feeney. We have been here now three days, and we haven’t got any¬ 
where since the direct examination concluded. Now, I object to this matter 
of Henry Gray or Mr. Fletcher when election officers, whether they were re¬ 
moved or whether they gained a cross; that is of no consequence whatever. 

Notary Mancovitz. Your objection is a proper one. 

Q. What did your man say? 

Mr. Feeney. I object to it. 

Notary Mancovitz. The objection is a proper objection, I say. 

Q. Answer the question.—A. I will not, when the notary tells me tq not—I 
will not. 

Q. I want to say to you that the notary has no power to tell you not to an¬ 
swer a question.—A. When he says the question is excluded I don’t answer it. 
He is the judge. Obey the judge and the colonel when he makes an objection. 
I won’t until he is through. Obey the major and the judge, the judge and the 
major, the major and the colonel, the judge and the colonel, instead of the 
judge and the major. 

Q. How is it you draw the line and answer questions you wish to answer 
against their objections?—A. I tell you Mr. Feeney objects, and T try to 
follow him. 

Q. You overrule him, if you want to.—A. Sometimes I get in ahead faster 
than he does, hut I do not intend to be. My answer comes out too fast. 




TAGUE VS. FITZGERALD. 


567 


^Ir. Feeney. I can’t 
Mr. O’Connell. Do 


stop you. I don’t intend 


__ .von mean to snv at..' tv't' ^ 

allowed to inquire into* whether there ^ be 

AT.. T,.- .. nucLxiei nieie was this delay in this precinct‘s 


IVIr. Feeney. Now, please- 

niiestion. 

L,; Wj* "-ni pa-ss on the qnestion^. . 

.vish you u-on‘lil get ™ lu-alnttonu ouee 'Vr" 

)nn in un there '>iainstoiin once, it yon have anything 


AT,. .— questions. 

Air. O Connell, 

Mr. Feeney. I w 

brainstorm in up there 

Q.Vor"ve7e“akl!f "''.® "" "’If'ess. 

sioner while the i-eeouiit was im' n'k] Aa5u e'\-e*'*'”n-T’*^'’ flection commis- 

“■(“ S'liiinrot"- t'-t .-'p"rsLrte^Ai/ni-,/„f 

O Vn ia"i t n lot, sii. 

recount, the priniaiu' yote 'ditV'voi/roo'^™’”’*' second dnv of the 

man of the election'conuu’issioners?—A ! did Burlen, ciialr- 

Q. You are i>ositive of tliat?—A. Yes, sir. 

D. Aow, you are quite positive of that's—4 Yes sir cm •,!. 

That IS the grreatest bluff I ever saw. ^ ’ 

mV*' I reading mine, too. 

I I win';^^wft?o\-ou‘wl"eu r'endV”’'?";’* 

it. I have been waitim>- n com\m Tw i^adj —A. I am waiting for you to show 

the letters yorhaTe p. on,led ' •''" '’‘™® 

n up now.—A. Go ahead and bring them out. 

in^haro-e’of U from\\m^ve!^^^^ heiiring after the recount, you remained 

A. I was at no recount hearings 

eafh'tllm .-louT""”'''’"’ P«>-<'o» >*>e, I thought you 

law'col;,nissiom H'® 

Mr. Feeney. You did not say that before 
Mr. O’Connell. I know what I said. 

is stenographer to read it. You will find the witness 

than''your’°™ness S’l "®‘ '^®®P “®‘-® 

, ''-itness can’t keep still and answer you. I know you 

t.oii L iiKe that. 

Q. I don’t care how you do it. You are the man on trial.—A You are the 
man on trial. 

Q. You would like to have me, but you can't.—A. You are on- you are a 
mattress voter. You are an illegal mattress voter, and you are crv'ing fraud 
wliile you are one yourself. " ’ 

Q. Now, I am coming back again. AVhen you get on dangerous ground you 
always like to throw that.—A. I have to throw it, because it is such a farce to 
have you talking about illegal voting. He, a crook at that game—an illegal 
mattress voter, hollering about it. 

Q. I want to say this to you, sir: I am not going to abandon my purpose of 

asking the question-A. Go ahead and ask it. 

Q. I am going to say this to you, sir-A. You don’t. 

Air. Feeney. Go ahead and ask the questions. Never mind him. 

The A\ itness. Don’t look so severe. You are a better looking man, like my¬ 
self, when you smile. Laugh and be jolly. 

Mr. O’Connell. Don’t pay anj- attention to this peewee lawyer. 

The MTtness. “ Peewee ” ; yes. 

Mr. O’Connell. Peewee is good for him. 

Q. I want to say this to you, sir: You may charge me with being a mattress 

voter-A. 'Well, you said you were. 

Q. xVll you please.—A. AVell, you said you were. 

Q. I will tell you right here and now-A. Well, you said you were. 

Q. Those charges don’t make it.—A. AVell, you said you were. You lived in 
Brookline- 

Q. \Vait until I am through.—A. You said you lived in Brookline and you 
voted from Bowdoin Street. That showed you were an illegal mattress voter, 







568 


TAGUE VS. FITZGERALD. 


and what yon are talking; about anybody else, sir? Come into court with clean 
bands. 

Q, When this brainstorm-A. Come into court with clean hands. 

Q. Of yours is over, I will proceed.—A. Go ahead, sir. Now, you started- 

Q. Is it all over?—A. You started this yourself. 

Q. Is it all over?—A. No; but I j^ot you where I want you. I am surprised at 
it—an illegml mattress voter talking' himself about somebody else. 

Q. Is the brain storm over yet?—A. That is a bard one, to think you are 
caught that way. 

(}. Is the brain storm over yet?—A. But you did not realize it. Go abead^ sir. 

C>. Is the bi'ain stcvrin over yet?—A. I would like to be arguing that case 
against you in Congress. 

Q. Is the storm over yet? I want to tell you, sir- 

JMr. Feeney. You are not here to tell us anything. Go ahead and ask ques¬ 
tions. 

(). That my voting in this city is the voting of a man who was born here. 

iNIr. Feeney. Is this of any consequence here? 

Q. When I voted from my mother’s home, from the home I was born in, wliere 
my family was residing with me, I was voting according to the rights of an 
American citizen, and all your vile charges stating that I was living elsewhere 
at that time mean nothing to me, and you can repeat them as often as your mind 
sees lit to do so. 1 want you to remember, sir, that I am now living in Boston ; 
that it is true that temporai'ily. whilst there was a change from—-—A. That’s 
the boy. 

Q. Dorchester-A. It is true. You admit it is true. 

Q. Wbiit a minute. The brain storm is starting again. Whilst there was a 
change of my home, and pendng the changing from one permanent residence 
in Dorchester to a permanent residence in ward 25, I voted in ward 20—ward 
IS now—and at the same place where I always voted, at my mother’s home, 
where my wife and my four or five children at the time lived with me. and 
when you want to make people believe other than that you have g(vt something 

lo do, sir. Now, I want to say to you-A. You had* a temporary residence 

in^—— 

(F I did not.—A. In Brookline—hold on, now; in Brookline. 

Q. No.—A. Where do you mean to say? 

Wait a minute.—A. Do you mean to say- 

Q. Come back here.—A. Hold on now. You made a statement now. You put 
yourself in a box. You put yourself in a box, now, 

Mr. D’Connele. Will you tell the witness to subside in his brain storm? 

Mr. Feeney. Will you tell Mr. O’Connel to subside in his brain storm? 

Mr. O’Connell. Tell Feeney to subside in his brain storm. 

Mr. Feeney. Will you tell Mr. O’Connell to subside in his brain storm? 

Mr. O’Connell. The peewee lawyer jumps up and makes a lot of noise. 

]\Ir. Feeney. This gentleman who can not be designated by any proper word 
in any descriptive form as a lawyer. 

Mr. O’Connell. This brain storm shows he is a peewee lawyer. 

The Witness. We got you to admit it now, that you lived on Waldeck Street 
and went to Brookline, and that you were voting in Dorchester, when the 
directory said your home was in Brookline. The last place you voted in ward 
20 before you moved to Brookline was Waldeck Street. That was your 
permanent home. When you moved to Brookline you came back on the voting 
list and went to your mother’s home, a decent, respectable home, and I am 
not making any reflection on it, but you did not go to the same home that you 
went to Brookline from. Y"ou then took the Brookline residence, but you* do 
not care to say that you did not pay rent temporarily in Brookline. You, sir, 
were within your rights, but you are charging other men with committing 
fraud, when you are just as big a fraud yourself. If they are wrong, you are 
wrong. I claim you both are right. 

Q. Is the storm over?—A. You can proceed. 

Q. Thank you. We will now get back to the question I started on.—A. That 
is what you want to do—stick to the question. 

Q. You won’t get me aside from it, sir.—A. I made you explain that. It 
took a long time to get a statement, but the old, the old persistent plugging 
made you talk. I knew I would get you. I have got you before, you knowL 

Q. There is another storm, raising his--A. They are hard, aren’t they? 

Q. Well, you ought to know.—A. I have been through a lot of them. 












TAGUE VS. FITZGEKALD. 


569 


the contest over the pri- 


hoxt rhn??x oc those letters, now, that gun or something else you 

explode. How is Peter during this interval? And just 
tnink, that is the fellow we are fighting over. 

Q. liy did you take charge of the hearing on 
mary?-—A.^ I did not take charge. 

Q. Didn’t you come to the first hearing?—A Sure 

Q. At the State house?—A. Sure. 

Q. Didn’t you attend every one of them?—A. I don’t think—I mav have 
missed one or two; but I do not think so. 

Q. Didn t you sit at the counsel’s table?—A. I sat behind the counsel. 

Q. You sat behind the counsel?—A. Pretty near it. I do not know whether 
1 was around it or behind it. I was close to it. 

Q. It was as close to the ballot-law commission as vou could get*!*—A No sir* 
it was not. " • • » . 

Q. How close was it?—A. There was a table between us, and I think a 
chair or two. Let me tell you something, Air. O’Connell. You were a good 
deal closer to the ballot law commission than I was. 

Q. Your statement of it doesn’t make it so.—A. There is no doubt about it. 
There is no doubt about it. There is no doubt in my mind, that if that ballot 
law commission hadn’t been with you, they never would have opened the hear¬ 
ing, because no commission has the right to suspend the statute, and when 
they suspended that statute and gave you that hearing, they were with you, but 
you could not put the evidence there to put your man across if you did not have 
It. It was an illegal opening, and I wanted to prohibit you, biit Air. Fitzgerald 
wouldn’t let me. 


Q. Have you finished?—A. Absolutely. 

Q. That storm is over.—A. Well, that is another one. 

Q. Then, inasmuch as Air. Fitzgerald-A. Are you getting tired. Air. O’Con¬ 

nell? If you are, I will sit down. 

Q. No, sir; I am-A*. Stand up on your feet and be game. Be game. Let 

me sit down, if you are going to sit down, that is all. 

Notary AIancovitz. You can sit down, if you want to. 

Q. You are getting nervous all at once.—A. You don’t object to it? 

Air. Feeney. Go ahead and sit down, if you want to. 

Q. Now, why did you- 

Air. Feeney. Pardon me. 

Q. Wait until I get through asking my questions. Why did you come in 
and take charge of that hearing, after Air. Fitzgerald had hired eminent attor¬ 
neys to represent him? 

^ Air. Feeney. Wait a minute, please. I suggest before you answer that ques¬ 
tion that this stand [indicating witness stand] be moved to one side, and you 
sit on the floor. 

The Witness. That is all right. I do not want the chair. Wait until 1 
o’clock. I can stand it. 

Q. Answer my question.—A. Pardon me. please repeat it. ^ 

Q. Why did you insist in taking charge of those hearings, and after Air. 
Fitzgerald had hired Air. Homer Albers, an eminent authority on election law, 
to represent him at those hearings?—A. I never took charge of the hearings, 
sir. 

Q. Why did you insist on sitting here and around the counsel table all 
through those hearings?—A. Why I wanted to exercise my rights as an Ameri¬ 
can citizen, keeping my eye on you. 

Q. Yes. You did not trust the lawyers who had the case?—A. Absolutely. 
I trusted the gentlemen absolutely. 

Q. You are doing the same thing here?—A. I am not, here. I ain’t been 
hired. 

Q. You have been following the reports?—A. Yes; of course. Who could 
help following them. 

Q. And you know that you could have done the same thing there?—A. Sir? 

Q. You could have done the same thing there?—A. But I wanted to enjoy 
your genial company. 

Q. Do you not know—will you not admit that the reason you went there was 
to intimidate that commission?—A. Absolutely no. I tell you no. 

Q. Is it not a fact that you were in consultation with Henry Bowdoin during 
those hearings?—A. That is absolutely a falsehood. 





570 


TAGUE VS. FITZGERALD. 


Q. Did not Henry Bowdoin come to that hearing room and send word in to 
you?—A. He did not. 

Q. Didn’t you go out a couple of times to see him?—A. I did not. It is 
absolute falsehood. 

Q. Henry Bowdoin at that time was the friend and associate of one of the 
commissioners, wasn’t he?—A. I do not know. You are better acquainted with 
Mr. Bowdoin than I am. 

Q. Didn’t you know Mr. Bowdoin and Commissioner Vinson were close politi¬ 
cal friends?—A. I do not know anything about it. 

Q. You know that Henry Bowdoin is a lobbyist around the Statehouse, 
don’t you?—A. I don’t know anything about it. 

Q. Why were you in conference with Mr. Vinson and Mr. Bowdoin during 
that recount?-—A. I never spoke to Mr. Vinson’from the time the commission 
started until it finished, and I haven’t seen him since. Mr. Vinson and myself 
aren’t very friendly, you know. I have some rows, too. 

Q. That is very evident. You had many members of the Hendricks Club up 
at the hearing room, didn’t you?—A. There were several, sir. 

Q. Was there any occasion for them having to attend at the hearing of the 
ballot-lpv commission?—^A. They were within their rights. 

Q. W as there any reason why men should come from their work-A. 

Why- 

Q. And hang around the commission hearing that took a couple of weeks to 
try?—A. Why shouldn’t they if they desired to do it? Why shouldn’t they 
come? What do you want, a star-chamber performance? They went to see you 
talk and hear you perform. 

Q. Were they there for the purpose of intimidation?—A. I do not think so. 

Q. What was their purpose, then?—A. I think they were there just the same 
as your friends were there, out of curiosity—just the same as these gentlemen 
here. Why are they here? 

Q. Why, after the assault was made on the witness, didn’t you drive them 
away from there?—A. I didn’t see no assault made on the witness. 

Q. You knew one of the witnesses was assaulted?—A. Mr. Goodwin started 
the whole trouble. 

Q. You knew one of the witnesses were assaulted?—A. Something happened 
outside, but I did not see it. 

Q. You saw him come into the room bleeding?—A. I saw you lead him like a 
little puppy dog—“ Look at him, look at him,” pulling him in ; the big calf. 

Q. You saw him covered with blood?—A. I didn’t see no blood at all. 

Q. Was there anything the matter with your eyesight then?—A. Of course, 
I unfortunately have bad eyesight, but I didn’t see any blood, and you were 
showing him to the commission and they said, “ IVIr. O’Connell, that was nothing, 
nothing.” 

Q. You are sure they did that?—A. Yes. They said. “We would do the best 
we can.” Mr. Goodwin right there; Mr. Goodwin, you started the whole trouble. 

Mr. Goodwin. You are a liar. 

"yhe Witness. Now, you lost your head. 

Mr. Goodwin. You are a liar. I was in talking with you. 

The Witness. Hold on now. 

Mr. Goodwin. He shouldn’t make any reference to me. 

The Witness. Now, now. 

Mr. Goodwin. You and I were talking when John I. Fitzgerald started the 
trouble outside. 

The Witness. This is a cool man. 

Mr. Goodwin. You are not going to get away with anything, abusing every¬ 
body. You can’t abuse me, as you have abused others all your life. 

The Witness. I am telling you, if I may tell you, how that started. You 
started to take hold of a lady from the north end, and you made a mistake, and 
you started- 

Mr. Goodwin. You and I went back, and John I. started a figlit. 

The Witness. And you started and claimed they were being spii-ited but of 
the room. Do you recall that incident? Don’t you? 

Mr. Goodwin. No, no. 

The Witness. Don’t you remember? 

]\Tr. Goodwin. That wasn’t when the fight started. 

The Witness. That was the time when I saw the fellow come in. 

Mr. Goodwin. You and I were talking when .John I. started the fight, out¬ 
side. 






TAGUE VS. FITZGERALD. 


571 


‘••enernlVow^^ started to grab hold of a woman, and that started a 

j^eneiai low. loii made a mistake. 

Mr. Goodwin. No. 

The \\ ITNESS. And started a general row. 

side^to comes with quite good grace from the other 

n ^ ^ called, when you say they are liars. 

.ui. Goodwin. It is about time to stop him from abusing everybody. 

T he M ITNESS. I am not abusing you at all. 

You didn’t need to mention me at all 
Tbe M ITNESS. It is a fact. 

Mr. Goodwin. It is not a fact. 

^ out with the lady, with 

theV W?nt min 11^^ S^ab him, and that started the row. Then 

the.\ ^^ent into the gallery, and they had the trouble outside. 

Thn lou answer the questions and don’t bring me into it. 

sfirtPd^Din f ^ ^ brought out the fact that you 

ifeor b^vinp- you grabbed that woman. Mr. Sigliano and you came 

tiMdp-p ^ Tht nn Yliat started the row outside. You carried the car- 

tiKige. ihe powder went out. 

tion’pnn^pfi good deal of conimotioii there?—A. There was some commo¬ 

tion caused by Mr. Goodwin first. 

Q. After it was called to the commission’s attention they said, “We have 
ent commission said that what took place in the 

fw^Do sergeant at arms,’’ and 

the,\ had no trouble, but Mr. Goodwin didn’t—he got excited just the same as 
he did here when he saw Mr. Sigliano go out with the lady. He thought thev 

p nd^w Sn Italian woman. So he started to grab them 

and they started to resent that. 

Q. NMw, you are getting over your excitement ?—A. Mr. O’Connell, I am never 

A l/v^ vi • 

Q. What is that you said?—A. Mr. O’Connell, I am never excited. We will 
pass it. 

re^rd^ say? I didn't catch it.—A. Take it from the stenographer’s 

Q. Wliat did you say? 

(The answer is read.) 

Q. Now, you say in your direct testimony that Mr. Tague has sent out a cir¬ 
cular in reference to Congressman Keliher being an illegal voter —4 I had 
the circular; yes, sir. 

Q. Is it not true that you had Air. Tague do that in your fight against Mr 
Keliher?—A. You read tlie circular and see if it don’t come from his own head¬ 
quarters. 

Q. I am asking you again ; you know what I mean. Wasn’t that circular fur¬ 
nished by you?—A. That is an absolute falsehood. If you will take the cir¬ 
cular— 


Q. Can’t you say yes or no?—A. Let me see- 

Q‘ W ithout Ccdling e\ei.\ thing a falsehood. Can’t vou answer a question 
without intimating everything is a falsehood ?—A. WTieii you make a statement 
that a reasonable man might have some doubt about I try to be courteous, but 
you try to make a statement that is a deliberate lie. I say not to you, sir, but 
I say because somebody told you that. That is an unqualified falsehood'. 

Q. Now, it is a custom of yours to call everything that you disagree with a 
falsehood, is it not?—A. Oh, no, sir. 

Q. WTiy do you use it so often in answer to questions if you don’t want me 

to say-^A. As Mr. Goodwin says, “ l^ou are a liar,’’ that would be ungen- 

tlemanly, 

]Mr. Goodwin. 1’'ou have said it before many times to-day. 

Q. How many times have you sat here to-day calling it a falsehood?—A. That 
don’t sound as bad as saying, “ You are a liar.’’ 

Q. In other words, it don’t make any difference what you say. It is your 
custom, is it not, that whenever anything is asked of you that you do not agree- 
with, you call it an absolute falsehood?—A. No; it is not. 

Q. W^hy do you use it so often? 

Mr. Feeney. I object. I object. You have a right to use your own language- 
in answering a question. 

Q. Didn’t that information contained in this circular, handed to me by Mr. 
Callahan—wasn’t that circular given by you, the matter in it, to Mr. Tague to 


/ 





572 


TAGUE VS. FITZGEKALD. 


Imve printed after yon decided to support Mr. Taspie against Congressman 
Keliher, against whom you said the principal fight was being made, and for 
whose defeat you were more interested than in Mr, Tague’s election?—A. I 
did not give him that information at all. 

Q. Wasn’t it behind the attack that you had been making on Keliher for 
years?—A, Oh, we had our fights. I supported Keliher. I was with him, and I 
was against him. 

Q. Every time you were against him, you made that accusation against him, 
that he wasn’t-A. I do not know that I did. 

Q. Will you say you didn’t?—A. I won’t say I did. I made a good many ac¬ 
cusations, but I didn’t give that information to IVIr. Tague. Will you let me look 
at the paper? 

Q. Sure.—A. I will prove it to you, I think. “ September 12.” Now, you see 
that is long before the primaries of that date. You will find that is a couple 
of weeks, anyway, and that is Peter F. Tague congressional campaign head¬ 
quarters, 15 Beacon Street, Boston, Mass., and signed by Peter P. Tague. It 
goes in prepared by Tague. That was prepared up in the Democratic head¬ 
quarters of the State committee, by Mr. O’Leary, who allowed him to use the 
headquarters of the Democratic State committee, long before he knew that I 
was going to support him. There is no question about it. It is his own con¬ 
gressional campaign. Our circular is a different circular. It was never sent 
out until the Monday before election. 

Q. Don’t try to confuse.—A. And, of course, there is—you made a statement, 
sir. There is his own'signature. That showed—that shows that is a personal 
campaign signature. He said a lot of other things there, but I don’t want—that 
fight is all over. See all the other charges, he speaks about other men. That 
is in there, but I simply took that out as showing that even in that case he 
was making that same charge against a man who had been in Congress for four 
years, or six or eight years, whatever it was. 

Q. Do you know the date of that primary that year?—A. I don’t think it was 
the 12th. I should think it was the 20th, something like that. If you get the 
Jewish holiday that year. 

Q. Which one of them?—A. The big holiday. 

Q. Don’t ask any of these Jew's about that. They do not know. That has 
been demonstrated at other hearings. Do you mean Rashanona?—A. I wouldn’t 
say. I don’t understand that language. 

Q. You saw Mr. Mancovitz at the last hearing, and he couldn’t tell us any¬ 
thing about the Jewish holidays,—A. No; I didn’t . 

Mr. Feeney. Pardon me, I object. 

Q. Magistrate Berman can tell you. He knows. 

Notary Bekman. Mr. Mancovitz and I have agreed on the name of the holi¬ 
day. We both know it. 

The Witness. This was 10 days before: “May I therefore ask you to go 
to the polls on September 22 and cast your vote for Peter F. Tague for Con¬ 
gress.” This is doted September P2. 10 days before the time. Tague had no 
assurance from me at that time that I wms to support him. That shows it is 
absolutely his circular. No question about that. 

Q. Let’s see.—A. He testified—he has testified here himself. See if I am 
fair nov/—that I did not support him until the last minute. Now% there are 
10 days betw'een September 12 and September 22. 

Q. Eight days. 

Mr. Feeney, Ten days is right. 

The Witness. September 12 to September 22. He testified on this stand 
here that he did not know^ I w'as going to support him until the last minute. 
That shows—this was 10 days. 

IMr. Feeney. There is no dispute about that testimony, Mr. Harrington. 

The Witness. It is in the books there. I read it. 

Q. I know' that in all your ravings and brainstorms that you ahvays keep 
saying, “ I supported him.” “ It wasn’t up to the time I supported him that 
I did it, that I did it.” You did that because you are the boss?—A. No, no, 
no, no. There is no question about myself personally. When you ask a ques¬ 
tion about myself personally, I can answer it. I can not answer for anybody 
else but myself. But that w'as a trick. You asked me the question, “ Didn’t 
you furnish?” You said, “Didn’t you furnish Mr. Tague that matter? Wasn’t 
that circular jirepared by you?” I said, “No,” and I have proven it, because 
it wms 10 days before the date of the primary, and he did not know we were 
going to support him then. 




TAGUE VS. FITZGERALD. 


573 


meaiiJeverycircular means nothing?—A. It 

comes from thariiemtiuaVterrtlm^^ mean?—A. It'means, of course, it 

Q. Does it?—A. Of course it does. 

I Hunk\lrr’ilj'“ie-Mr'w^^^^ ^ J ^ not know, 

admitting that. ^ need of him 



Ml. Feeney. He hasn’t said any such thing. 

Tile \\ iTNEss. I did not say that 

.•e?orc]r'\\ead them"®''' that?-A. You have got the 

yo?'brtto‘re«l t'he rSrds'r‘ 

Tagie\nd m^eif ShT^' "’®"‘ '^«tween 

_p ^ asking you what you said in reference to Teague failino- to do_ 

failing to get up and ask President Wilson- ^ 

Mr Feeney. Pardon me. You never said anv such thing 

I a«keVhhn'to do'lhai™ ^ ^ 

Q. What did you say you v-ould do if you were in Congress?—A T said in 
refuse to some of your questions, or Mr. Feeney’s questions—whoever asked 
^ in Congress, I would have asked him when he was addressing 

Congress what was England’s attitude to be toward Irish independence bSorl 
Fn^p«T^^ voted for a declaration of war, because representatives of the 

English Government were here pleading with the Government of the United 
States. They were m conference, and I would want to know, as a citizen of 
district, and its representative, if Belgium and all these other na¬ 
tions small nations—which I am glad they are going to have libertv if thev 
u ere going to have it—and Ireland was to be excluded. That is what I said sii^ 

Q. lou were offended with Tague for not having done that?—A. I ’was 
offended with Tague, not so much for not having done it, but for saying that he 
Mim told not to do it by somebody, and blaming it onto somebody else. 

Q. And thatis what you said you called him a quitter for?—A. Yes sir. Be¬ 
cause he promised, he promised before he went over that time, when that 
matter came on. that he would make a speech on the floor of Congress Mdiile the 
matter was under consideration and ask, not President Wilson,' but ask for a 
definite statement, what was England’s attitude going to be on Irish inde¬ 
pendence. I had in mind, sir, the way the English Government treated the home- 
rule proposition, when they secured John Redmond’s support, and the support 
of the Irish members of Parliament, to back Wilson up in the war, and then said 
It was a scrap of paper, and I did not believe in England fooling our Govern¬ 
ment, fooling our Government and getting this great Nation of ours to fight the 
battles of the people and have the people from the land that my fathers came 
from excluded. If he had done that, I say we would be in no position as we 
are to-day, questioning whether or not the Nation that sent the most men of any 
part of the world, practically, to fight this fight for small nations, would be now 
looking for crumbs at the peace table of the world, when they should be among 
the first to be allowed a seat at it. That is my position, sir. 

Q. You said that Tague, if he done that, it would make him the biggest man 
in America?—A. Not in America. You couldn’t make him the biggest man in 
America. He is too small. 

Mr. Feeney. I ask we adjourn now until 2 o’clock. 

Notary Mancovitz. AVe will suspend until 2 o’clock, Mr. O’Connell. 

(Noon recess.) 



574 


TAGUE VS. FITZGERALD. 


AFTERNOON SESSION. 

MARTIN M, LOMASNEY, cross-examination resumed. 

Deputy Marshal James Backus. I want to say, gentlemen, before the hearing 
begins that any conduct that is not consistent with the atmosphere of a court¬ 
room will result in the offender l)eing ejected from the room. That applies to 
everyone. I only ask you to be orderly; that is all. 

Mr. O’Connell. Are you all ready? 

Notary Mancovitz. Proceed. 

Mr. Lomasneal I want to apoligize for being absent. I done the best I could 
to get back on time. 

Q. (By ]\Ir. O’Connell.) I want to call your attention, Mr. Lomasney, to this 
article in the Boston Post, September 29, 1906, as follows: 

LOMASNET AND KILEA' ASSAILED-AIAA^OR’S PAPER SAALS THEA” ARE TRAITORS TO 

DEMOCRTIC PART A”. 

“ Mayor Fitzgerald’s paper, the Republic, this week refers to Messrs. Martin 
Lomasney and Daniel J. Kiley, the ward 8 leaders, as traitors to the Democratic 
I’arty on repeated occasions. 

“ Mr. Lomasney is referred to as a man who inspired brute force in politics 
in Boston. Both are alleged to have become rich through politics. 

“ In the full-faced type that precedes the article the Republic declares that 
Edward W. Dixon, the mayor’s candidate for the Senate, will split ward 8 on 
Tuesday. 

“ It also declares that when the fight for alderman takes place about a month 
hence the Hendricks Club will be torn asunder. 

“ It says that Leader Lomasney began his political career as an ally of the 
Republican Party. The main article is in part as follows: 

“ ‘ LINES OF BATTLE. 

“ ‘ The battle of Tuesday next is but the beginning of next year’s mayoralty 
campaign. The issue is now made, and Mr. Lomasney will lead in the fight 
in opposition to the administration. We do not think that he will have much 
courage to enter after the result of Tuesday’s battle is known, but he can do 
nothing else. There will probably be just one more fight left in him. There is 
some chance of defeating him for the legislature. 

“ ‘ Martin will be on Beacon Hill next year, and in the Republican Party, 
unless we miss our guess. There is no other place for him to go. He will try, 
of course, to get together the forces which were lined up with him last year. 

“ ‘ He will have no success here, no more than he had on election day, when 
he tried to induce them to follow the Frothingham standard. Failing in this, 
he will try to get the discontented elements together. Even in this he will not 
b^uccessful to any considerable extent. 

“ ‘ The leadership of Lomasney and Kiley, who supported Frothingham, will 
haA-e no standing in the Democratic primaries against John F. Fitzgerald. This 
situation will become apparent to him, and, as we intimated above, but one 
course will be open to him—to become a full-fledged Republican.’ ” 

I want to make a note that Mr. Feeney has warned the stenographer not to 
take this question. 

“ ‘ Tuesday, September 25, will mark another chapter in the downward 
career of Martin M. Lomasney and Daniel J. Kiley, and they will constantly 
grow weaker, until not a vestige of their power is left in ward 8. 

“ ‘ BETRAYAL OF THE PARTY. 

“ ‘ Next Tuesday will mark the beginning of a campaign that, we think, will 
result in the extinction of Lomasneyism and Kileyism in Boston. If the ward 8 
style of politics was permitted to continue there would be no Democratic 
Party here in a short time. 

“ ‘ During the past 10 years ward 8 has voted just as the selfish interests of 
Martin Lomasney and Daniel J. Kiley dictated. In 1898 the ward betrayed 
John H. Sullivan, Democratic candidate for the board of apportionment. In 
1900 the ward betrayed James A. Gallivan, Democratic candidate for street 
•commissioner. In 1901 the ward betrayed John P. Manning, Democratic candi¬ 
date for clerk of the superior court. In 1905 the ward betrayed John F. Fitz¬ 
gerald, Democratic candidate for mayor. 


TAGUE VS. FITZGERALD. 


575 


formed ^ repeatedly 

‘“IVIr. Kilev used tld^ protect its own selfish interests, 

and has jirown rich and wives fni contnicts from every administration, 
their period of time. gi'^^n him during 

WARD S AT CITY HALL. 

nuCk^any^ttl^pTIfstort/il^^^^ challenge their power or to 

and perseverence have been tremendous Lomasney’s industry 

tion of Mr. Kiley, is pooL ’ e^^i^one around him, with the excep- 



acquiring. 

Othei privileges which Kiley and Lomasney had enioved in wirrl ^ fn> 

k^^i^hLwJl^gott 

men found themselves deeply humiliated hy this .situation of affairs 

wilir^i IT desperate effort to get some hold 

which would he ot practical service to them. Kiley made knowi hirclaims 

senate. Martin, practical 'gentleman that he is said 
that If he spent the money he would hack him. Kiley, whose ivealth amounts 
to SIX figures, said he ivould take the chance, and the battle was on 
. ®‘Ld above, a condition rather than a theorv faced thp nd 

ministration. Word was sent to the chief executive of he cit^t al R l^L' 
w'oiild obtain the backing of ward 6 for Mr. Kiley he need have li) fear of 

anj trouble tor a renomination and reelection to the mayoralty next year The 
mayor spurned the offer. ;ye<ii. me 

“ ‘ BREAK IN HENDRICKS CLUB. 

“ ‘ Tliere is a schism in the Hendricks Club. There is a violent smouldering 

of/I Vi’ s ,5? pitifully for the poor laboring man 

ot w.ud 8 and calls upon the people to witness the reign or terror which the 

administration Is installing at City Hall.'” «men me 

You are familiar with that article? 

Mr. Feeney. M'ait a moment, please, I object. 

Notary Mancovitz. Excluded. 

trim?’ ’""iiiasney, if what Mr. Fitzgerald said about you was 

Mr. Feeney. I object. 

Notary Mancovitz. You needn’t answer. It is excluded 

IQOe'anJ'igOT ^ ”™® *" “to 

Notary Mancovitz. Excluded. 

Q. If Mr. Fitzgerald told the truth at that time, you were a tremendous 
success and peculiarly adapted to guerrilla warfare? 

Mr. Feeney. Pardon me. 

Notary Mancovitz. Excluded. You needn’t answer 
Mr. Feeney. I object. 

Q. Mr. Fitzgerald says that you have repeatedly formed alliances with the 
Republican Party to protect your own selfish interests. Did Mr Fitzs-erald 
know w^hat he was talking about when he said that? 

Mr. Feeney. Pardon me. 

Notary Mancovitz. Excluded. 

Mr. Feeney. I object. 


576 


TAGUE VS. FITZGERALD. 


Q. Is Mr. Fitzgeriild’s statement of the number of times and parties whom 
you have defeated a ti’uthful statement? 

Mr. Feeney. I object. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. I am offering this article at this time to show that Mr. 
Lomasney’s statement about himself and Mr. Fitzgerald is false and is only a 
pretext, and that as a matter of fact there was a deal l)etween the two men 
and that each knew the other’s character and that what Mr. Fitzgerald said 
about Mr. Lomasney was truthful, and I am giving Mr. Lomasney a chance at 
this time to defend himself against what Mr. Fitzgerald said, if he has any 
defense. 

Notary Mancovitz. Excluded. You needn’t answer, Mr. Lomasney 

Mr. O’Connell. Do you mean to tell me I can’t examine into that, sir? 

Notary Mancovitz. Not this line of questions. 

Mr. O’Connell. You remember. Mister, you have no right to exclude any 
questions. 

Notary INIancovitz. I am going to assume that right, sir. 

Mr. 0*’CoNNELL. Well, your assumption of it doesn’t give it to you. 

Q. Will you answer my question, Mr. Lomasney? 

Notary Mancovitz. You needn’t answer. It is excluded. 

Mr. Feeneal I object. 

Mr. O’Connell. Will you mark this. Miss Cole? 

Mr. Feeney. I object to the introduction- 

Notary Mancovitz. Excluded. 

Mr. Feeney. I object to the introduction of any papers of 1906. 

Mr. O’Connell. It will go to Washington and Congress will read it. The 
stenographer will note this has been excluded by the notary. It will be a 
different story down there. 

(The article from Boston Post, dated 9-22-06, “Lomasney and Kiley as¬ 
sailed,” is offered and marked “ Exhibit No.. 110.” Article dated 9-26-06, 
“Lomasney loses most bitter tight,” is offered and marked “Exhibit No. 112.”) 

Q. Now, then, you said you made up with Mr. Fitzgerald because you say he 
broadened. Is that so?—A. Yes, sir. 

Q. Let us see. I call your attention to the Traveler of June 7, 1907, which 
goes on to show the reason why you made up with Mr. Fitzgerald was that you 
were able to get contracts from the city administration.—A. I never got no con¬ 
tracts from any city administration. 

Mr. Feenea^. Pardon me, Mr. Lomasney. 

Q. I call your attention to this article in the Boston Traveler, June 7, 1907, 
“Cuddy heals breach; one of Lomasney’s lieutenants receives contract from the 
city ; Fitzgerald is mum.” 

“ Ex-Representative William M. Cuddy of ward 8 ”- 

The Witness. William H. Cuddy. 

Q. AVhat did I say?—A. William M. 

Q. I beg your pardon. Thank you for the correction.—A. I like to be precise. 

Q. If tliere are any other notes or any other things in the article that are 
wrong will you also correct them?—A. No. I want you to state the man’s right 
name. 

iNIr. O’Connell. Now I want to say, “ Ex-Representative William H. Cuddy of 
ward 8, one of Martin M. Lomasney’s trusted political lieutenants, has gone 
into the contracting business, and is receiving contracts from the present admin¬ 
istration at City Hall. 

“ This information was given this morning by Mayor Fitzgerald himself, 
so there is no likelihood of it being denied. 

“ In the last campaign, Lomasney fought Mayor Fitzgerald tooth and nail, 
placing City Clerk Donovan against him in the primaries and supporting the 
Republican candidate at the polls. 

“ Cuddy, it is supposed, supported the Lomasney ticket, since he has always 
been prominent in the Hendricks Club and in the support of its candidates. 
His relations with Lomasney have never ceased to be of the very strongest 
nature. 

“ During the tight two years ago. Cuddy remained in the city employ as a 
first-assistant assessor at a salary of $1,000 a year. He has not relinquished 
that position, and there is no prospect of his doing so unless the contracting 
business becomes less profitable. 

“ It has been reported for some time that Lomasney and the mayor were 
getting together, but the most diligent search on the part of political writers 







TAGUE VS. FITZGERALD. 


577 


the above substantial in that direction until the mayor gave 

KxEfSi “ 

since tlie last mayoralty cainpaign ' ^ leadei lia\e exchanged a word 

larly ftLKuTtel^fandtt'us 

for Whom Hm mayor enter.am.E^'Vab 

He has also been very friendlv tow irfi« atv 11 
other ward 8 men who are recognised as nobtmoi Possibly a few 

“The mayor was asked if the associates of Lomasney. 

(tl,e mayor) an.l Lomasuey were setting togetimr ",01^001*1 

politira, anV'intimatea tlmt'‘'he'Tou'ld Sot'^felif Z-iftim 

might believe. what the reporter or others 

at'thfveT'S.''''uVs^;^r'’^«M ,™ “on t" ““t'’" 

wdiich ex-Goiincilmaii Daniel J Kilev of war(/s^^\?i^^ ^^tieet, a line of work in 

$500,000 or more, made his be-innini’ ^ worth 

ing business.” beginning, and from which he developed a flonrish- 

' tlien, is that article true or not'^' 

Mr. Peeney. Wait a minute. 

Notary Mancovitz. Excluded. 

Mr. Feeney. AVait a minute. 

an exh?bU°”''“'''- ^ ask to have it merited as 

INIr. Feeney. I object to it. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. Mark that, Miss Cole. 

objection, will voii. 

^ Congress will take it all right, 

breacl'^ys oVered'and'nmC^^^^^^ “Cuddy heals 

Comasney- A. IMr. Feeney_ 


If yon will jiardon me, let Bro. 


Mr. I^ENEY. Pardon me, Mr. Lomasnev. 

ahead Mdth his next question^ 

Mr. () CoNNETx. Fight it out now. Decide that 
iMr. Peeney. Pardon me, pardon me 
The Witness. Go ahead, sir 

theie. ^ “«'> «P to 1918. W I can get him 

The MTtness. All right 

ynu-w::-e‘ai,irto“ nml”teVr wUlftlnThy Wh^ 

your friends in the Hendricks c!nh yEl'l."'“f t« you and 

Q. Isn’t It true that that was the meaning of the reestablishmpnt nf 
sinp between you and he when l,e conuuenoed to giv-: iomiacfsIo’Sc Cmldy?- 

M^^?.Ie.ZLre‘'to^:f,;:f’f'' .™» on<l 

Mr. Feeney. Pardon me; I object. 

Notary Mancovitz. Excluded 

ease sotne time. 

Mr. P'eeney. Pardon me. 

A. The notary has excluded it. 

Notary IMancovitz. Ask your next question. 

Q. Why won’t you answer the question ?—A. The notary has excluded it 
Q. Mhy won’t .vou answer it?—A Because the notm-v nnu lUrT T i r, 
carries the flag, don’t want It answered 

th? lender “"oogh? I follow 

reitton?'’’‘ rather than as a real 

Notary Mancovitz. You needn’t answer that que.stion. It is e.xcluded 
122575—19-37 





578 


TAGUE VS. FITZGERALD. 


C) (C\)i)tiniiiiia:.) That voii are supporting Mr. Fitzgenikl hceaiise he is now 
singing “ Sweet Adeline,” and, as a matter of fact, the reason is liecaiise you 
and he are expected to get interested in contracts in Washington?—A. Ao, sir. 

() Is it not a fact tliat you sent Jolni F. Fitzgerald to W ashington to 
l*rotest against the William F. Kearns Co. receiving the c*onti-act tor the build- 
in”- of the great storehouse on our harbor front?—A. I did not. 

Did you ask Mr. Tague to protest to the War Department against the 


from 


awarding of the contract to the Kearns Co.?—A. I did. I did. 

D. Did you. at that time, tell him that you wanted to stop Mr. heenej 
working in on that contract?—A. I did not. I told him that I thought 

-A. I’ardon me. Let me answer the question. 

the question.—A. I want to answer it in my own way. I 
I told him I felt ex-IVlayor Curley was getting in on the 
If ex-Mayor Curley gets in on that contract and Kearns 

.. . patronage that goes with it and tlie profit, it is going to 

pretty tough sledding for people who have been fighting in the past, and it 


Q. Did yon state 
(y You answeied 
am telling you why 
contract. I said, 
gets it and has tin 
hi 


IS good political iudgment to fight it.” I had no personal feeling against 
Kearns. It was simply a case of political sagacity to stop Mr. Kearns if ex- 
Mayor Curley was associated with him. That was my reason, sir. That is 

what I told ^Nir. Tagne. ^ 

(). You knew at that time when you say—this was last summer, wasn t it. 

A. Whenever it was sir; get the dates and that is the fact. 

(>. Yon knew at that time that Congressman Gallivan and Mayor Curley 
weren’t on speaking terms, didn't you?—A. I did not know it foi suie. I did 

not know it for sure. 

Q. Did vou drop Gallivan?—A. No, sir. 

Did you go to Mr. Curley?—A. Mr. Gallivan and I had no talks. I ardon 

let me answer the questions. 

Go to it. Tell us it all.—A. Certainly. Restrain yourself now. 

Tell us if all.—A. Restrain yourself, now. 

Tell us the whole, now.—A. I hadn’t talked with Gallivan, I do not 


Q- 

me; 

Q. 

Q. 

Q. 


think, for a year or more. I hadn’t talked with Gallivan during the whole 
transaction. There is no question but what I did not want to see Mr. Kearns 
get that contract, not that I had anything against IMr. Kearns, not that I had 
'anything against ex-Mayor Curley personally, but politicallj' I did not want 
to see ilr. Kearns get that contract and allow’ ex-Mayor Curley to have the 
patronage that w’onld go w’ith it, and also the proceeds. ^ 

(y Didn’t you state at that time to Mr. Tague that it was his duty to go 
dowm there and stop that so that your company could get it?—A. I had no 

company that w’anted it. , ^ 

Q -Weren’t you interested in the Beatty Co.?—A. The Beatty Co., never— 
pardon me, just restrain yourself. The Beatty Construction Co. couldn’t carry 
on that contract. The Beatty Construction Co. never bid on that contract. The 
Beatty Construction Co. never bid on any contract like it at all. 

Q. Are you sure?—A. Y^es, sir. 

Q. Didn’t you send-A. About that statement, if Mr. Tague told you that. 


A. I 
not. 


did not. 
I never 


that is an unqualified falsehood. 

Q. Didn’t you send Mayor Peters dowm to protest against- 

Q. (Continuing.) Against the Kearns Co. getting it?—A. I did 
talked wdth IMavor Peters in my life on the matter. 

Q. Didn’t you tell Mr. Tague that if Mr. Fitzgerald w’as in Congress you 
could get him to stop that contract, and he wmuld be able to get you a con¬ 
tract in wdiich both you and he wmuld be interested?—A. I never told him 
anything of the kind. 

Q. All right. Anything further to say about it?—A. No, sir. 

Q. All right. How many times did you urge Mr. Tague to protest against 
the Kearns Co.?—A. I urged him- 

Q. Getting that contract?—A. I urged him to fight it morning, noon, and 
night; to lick it if he could. 

Q. And during those times that you were urging him, did you have a con¬ 
versation with him?—A. Pardon me, I did not get that. 

Q. Tell your counsel to keep quiet.—A. He is Mr. Fitzgerald’s counsel. 

Q. He is Mr. Fitzgerald’s counsel—I don’t blame you. I am asking you to 
listen to the question.—A. I am going to try to, sir. 

Q. You say you talked with him morning, noon, and night?—A. I urged him 
to fight it morning, noon, and night. 







TAGUE VS. FITZGEKALD. 


579 


liim?—A. I couldn’t tell you. As often 

as I could get near him and reach him. 

you talked with him about the necessity of 
ping^it ^^ talked with him about the political expediency of stop- 


bundin^?—A^^No no^^no^^^ about the political expediency of stopping the 
Q. A $20,000,000 proposition?—A. No, no, no. 

strSnimr ^ talked to him about the political expediency of 

F. Kearns Co.—which the papers stated ex-Mayor Curley 
getting that contract. I did not care about anybody else. 

Ar,. conversations with Mr. Tague, did you describe to him how' 

AtT' was interested in that contract?—A. I did not. I did not know 

la It until toward the end of it. 
n Tv^*i laention it at all?—A. I did not mention it at all. 

mention how you could manage the contract should he do this— 
aV?^ contract in my life. 

Kon’t-no o?. mind?—A. I had no one in mind. I wanted to lick 

ixearns and Curley. 

Q. You had supported Curley for mayor?—A. Yes, sir 
Mr. Feeney. Pardon me. 

Q. The first time he ran? 

Fomasney. I object. Please give us a chance 
neaid. Poor Curley ought not to be brought into this tight here. 

hoiiill V ^ want—I am not doing anything to Curley. I never 

belieA e in kicking a man when he is down. I don’t want to knock him, but he 
IS draAving questions out of me. 

Q. You brought him in there and you manhandled him for a few minutes?— 
questions up to me, and you are responsible. If Tague told you 
the truth, he would tell you that was so. 

Q. Coming back again. Air. Lomasney, with your making up with Air. Fitz- 
geiald, was not one of the reasons why you made up for him, following close 
on the Cuddy matter, the fact that Fitzgerald ordered the board of street 
commissioners to carry out the laying out of Dix Place and Burroughs Place 
in which you had a large holding of real estate? ’ 

Air. Feeney. Now, pardon me. 

Notary AIancovitz. Excluded. 


Air. Feeney. I knoAv you are desirous to answer, but I object. 

Notary Mancovitz. Excluded. 

Air. O’Connell. I want to show that the reason that he has given is not a 
truthful one. I want to show that the real reason between Air. Fitzgerald and 
Air. Lomasney is a partnership in the spoils. 

Q. Now, then, you stated in part of your testimony that that was one of 
the reasons you made up with Air. Fitzgerald that he did not discharge the 
men who were members of your organization. That is true?—A. I stated__ 

Air. Feeney. Now, pardon me. 

Q. Isn’t it? 

Air. Feeney. Now, pardon me. I object. Air. Notary. That is a matter_ 

Air. O’Connell. Why, this is cross-examination. 

Air. Feeney. That is a matter Air. O’Connell went into himself. That is a 
matter which he brought out himself. He has got no right to rehash and go 
all over it again. " ^ 

Notary AIancovitz. It wasn’t part of your case. 

Q. Isn’t that true? 

Air. Feeney. I object. 

Notary AIancovitz. Excluded. 

Air. O’Connell. I am not going into it again. I am simply going on with 
the next question. 

Air. Feeney. Go ahead with the next question, then. 

Q. Isn’t it true that Mr. Fitzgerald did discharge many of the men of the 
Hendricks Club? 

Air. Feeney. I object. 

Notary AIancovitz. Excluded. 

Q. Isn’t that so? 

Air. Feeney. I object. 

Air. O’Connell. I want to show that this man told an untruth when he 
said that Air. Fitzgerald did not discharge men, and that for that reason he 
made up with him. 




580 


TAGUE VS. FITZGERALD. 


]Mr. Feeney. Now- 

Mr. O’CoNNEi.L. And in pnrsnance of that, I want to name the men tliat Mr. 
Fitzgerald did discharge, and I insist I have got a right to ask that question. 

Mr. Feeney. Now, Mr. Notary, I object. Of course, it is apparent that my 
friend has a reason for delaying this hearing. He knows that I served notice 
on him that I wanted to put John F. Fitzgerald on the witness stand to-day. 
I want to do it. I want this man to complete his cross-examination, and he 
is afraid to cross-examine .John F. Fitzgerald. That is the reason why he is 
creating all this delay. 

Mr. O’Connell. That is to laugh. That is in keeping with all your other 
cheap stuff. 

Mr. Feeney. I object to that question. 

. Q. Isn’t it a fact that IMr. Fitzgerald did discharge Patrick J. INIcNulty- 

]\Ir. Feeney. Wait a minute. I object. 

(}. (Continuing)-one of your ward leaders? 

IMr. Feeney. I ol)ject. 

Notary IMancovitz. Excluded. 

Q. Isn’t it true that Mr. Fitzgerald did discharge a great number of your 
friends in the Hendricks Club, and as the result of that, you went to the Legis¬ 
lature and put through a hill in order to prevent him from dismissing the men 
from the city employment? 

Mr. Feeney. Now, I object. I know you are desirous to shoot hack, hut I 
object, because it has nothing to do with the question before this commission. 

Notary Mancovitz. Excluded. 

Mr. O’Connell. You are getting afraid, aren’t you? 

Mr. Feeney. No. 

Mr. O’Connell. You are getting afraid, aren’t you? The truth is hurting. 

Mr. Feeneyl Anybody- 

IMr. O’Connell. “ Let the galled jade wince.” 

Mr. Feeney. Anybody who would be afraid of you- 

Mr. O’Connell. Y^ou are afraid to let Mr. Lomasney answer these questions. 
There is where the yellow comes. 

IMr. Feeneyl When I look at you, I can see yellow enough. 

Q. Isn’t it also true that when Mr. Fitzgerald went in that he canceled all 
the contracts that had been signed by Mr. Whelton, who was acting mayor, 
and at that time a member of the Hendricks Club? 

Notary Mancovitz. Excluded. 

IMr. Feeney. I object. We are not going back into 1904 and 1905. 

Mr. O’Connell. I am going back into the testimony he insisted on giving 
here yesterday, and I am going to show that that terrible statement he made 
was false from beginning to end, and I have a right, under cross-examination^ 
to do so. 

Mr. Feeney. This is a fine exhibition of cross-examination, but I still object. 

Mr. O’Connell. I don’t have to take any lessons from you on it. 

Mr. Feeney. But you ought to take lessons from somebody, God knows. 

Q. Is it not true that you decreed that Mr. Whelton, when he was mayor 
should unceremoniously discharge from public office Judge Corbett, Charles 
Logue, and K. Clipston Sturgis? 

Mr. Feeney. Now, wait a minute. 

Notary Mancovitz. Excluded. 

Mr. Feeney. The gentlemen who talks about- 

Notary Mancovitz. Excluded. 

Q. Will you answer the question? 

Notary Mancovitz. It is excluded. 

Mr. Feeney. Pardon me. I object. 

Mr. O’Connell. Now, Mr. Notary, I want to say to you, sir, that during 
the cross-examination of the witnesses produced by us, I did not, at any time,, 
stop any cross-examination. I now want to say I ask a suspension of this 
hearing in order to permit me to go and see Federal Judge Morton, and I 
invite you and Mr. Feeney to accompany me, because you have got no right 
to abuse the position you are in. Your position is that of a notary only, and 
you have got no right to advise this man to not testify, and I therefore invite 
you to come with me now to Judge Morton in order that I may get an order 
"obliging you to desist from this purpose that you have manifested, of keeping 
out of this case the evidence which Congress has ordained shall be received, of 
which they are to be the judges. I ask for a suspension to give me the oppor¬ 
tunity to go there. 







TAGUE VS. FITZGEKALD. 


581 


see me, I will be clelishfed’ to o-n m if Judge Morton wants to 

questions which luy friend has^bppn'n«i ^ would like to have some of the 
The Witness. It"^ seems .Toe is “unnfng aw^ submitted to Judge Morton. 
(Counsel O’Connell leaves room.) 

reces?''^ M-'ncovitz. You may be excused, Mr. Lomasney. We will take a 

Mr. Feeney. Let us stay where we are. 
ihe W ITNESS. Stay where we are. 

Mr. Feeney. AVe will wait for Judge Morton. 

^SbolVrecTss.) “ '>^,1 thing to boast. 

Harrington, I wish you would send word to Mr O’ConnPll 
iml^e m iof”"* .ninutes whether he be 

(Mr. O’Connell reenters room.) 

Mr. Feeney. Mr. Lomasney, please- 

('Witness resumes stand.)" 

ti.f'iuoCt 'Y'i ''^turned from a conference with Judge Morton of 

FedeC cy,r f ace ff’" iiSuch Js the 

act on am K-ts of No a '""’o'* ^ Jurisdiction to 

ti. ot ^otal,\ Mancovitz or the witness. Mr. Lomasnev but that 

e matter was entirely in tlie hands of Congress. Now, I have this statement 
to make of mine, that inasmuch as the notarv has ruled that the witness need 
not answer the questions that I refuse to be a participant ans lonier 
contemptuous attitude toward the law of the land. The refusal of the witness 
to answer, the action of Mr. Mancovitz in telling him that he need not answer 
aftei Congress has laid down laws and rules under which testimony is con- 
tested congressional election cases shall be taken, as set forth in the United 
States Revised Statutes, is in keeping with the contempt which he both of 

from ’ tf ^ connected with the Fitzgerald outfit have shown 

from the very beginmng in their conduct before the election board, in their 
attitude before the election commission, in the conduct of the election itself 
and in the conduct of the witnesses in refusing to answer summonses to come 
before this tribunal to give testimony, after being solemnly summoned to ap¬ 
pear here by the proper instruments of the law. I refuse absolutely to con- 
tinue this examination inasmuch as this witness refuses to answer a question. 

The \\ itness. Mr. O Connell, you asked me about some paper. You had 
some^ di^iatdies. You said there was some letter you wanted to question 
about. Don t leave the room, Mr. O’Connell, without pushing that letter up to 
me that I said I had no copy of. You said you would do that. 

Q. Have you any other witness to examine today?—A. Mr. O’Connell do 
you refuse to produce that letter? [No response.] You said you had a letter 
that I sent to Mr. Tagiie on the matter of the President’s policy. I said I did 
not have it. You said you had and you would read it. Now, you examined 
me on that letter and I gave you my viewpoint of what it was. I trust you 
will be gentleman enough, at least—that is not completed—to go into that ques¬ 
tion and let the lettei be lead in so that we know whether I gave it true or not 
I do not care whether you do or not, but I think in fairness, in view of what I 
said, you ought to do that, particularly the way you want to realize that I am 
here just as your witnesses were, and I will be glad to answer all of these 
questions. I will be glad, but I can not go against the notary and Mr. Feeney. 
Rut you said that you would use—produce that letter and some telegrams. 
You stood there and shook them in my face. I call upon you and I call upon 
your representative—the man you represent—the Congressman, as you call 
him, I say ex-Congressman Tague—to produce any letter, any telegram or 
anything else you have that you think can make me leave this stand here that 
will assist him in any way to help him to win his case here or to lose his 
case. 

Notary Mancovitz. Mr. Feeney may proceed. 

Redirect examination: 

Mr. Feeney. I take the liberty Mr. Chairman and gentlemen - [Addressing 

Mr. O’Connell.] Mr. O’Connell, will you produce the letter of which you said 
you had a copy? 

[No response.] 




582 


TAGUE VS. FITZGERALD. 


Mr. Feeney. Mr. O’Connell? 

(No response.) 

Mr. Feeney. Will you produce the letter of which you- 

The Witness. I will produce that letter for him, a copy of it. I do not 
know whether it is right or not. Let me read the copy I gave him, and I will 
read Mr. Tague’s reply. 

Mr. Feeney. Go ahead, sir. 

Mr. O’Connell. Bring on the next witness. 

The Witness. (Reading:) 

Boston, February //, 1911. 

Friend Peter: After reading Hon. William .T. Bryans statement in to-days 
Globe, I felt it my duty to state that in my opinion he is absolutely right in 
the position he has taken. I believe it to be the duty of every levelheaded 
representative in Congress to go slow before they plunge this country into wai 
on England’s side. Keep your eye on the ball, and don’t get carried off your 
feet by the loud cheering in Washington. The plain people of the country are 
now repeating Gen. Grant’s “ Let us have peace ” more and more every day. 

Respectfully, 

Address, Lomasney. 

Hon. P. F. Tague. 


Mr. Feeney. I oifer the letter in evidence now. 

(The letter, dated February 4, 1917, from Mr. Lomasney to Mr. Tague, is 
admitted in evidence and marked “ Contestee’s Exhibit No. 8.”) 

The Witness. Don’t you go, Mr. O’Connell. I told you I would make you 
quit. Don’t you go. 

(Mr. O’Connell leaves the room.) 

The Witness. Don’t you go until you hear the rest of it. Don’t desert Peter 
F. Tague. Don’t desert your client. He will need you. He will need you. 
O’Connell quits. Mr. O’Connell, for the respect of your name, I never knew an 
O’Connell before to be a quitter. Stand your ground. 

Q. Did you get an answer to your letter, sir?—A. Yes, sir. 

Q. Read it, please.—A. (Reading:) 

“ Committee on Post Offices and Post Roads, 

“ House of Representatives, United States, 

“ Washington, D. C., February 1, 1917.'' 

There are a lot of names here—Fifty-fourth Congress. 

“Hon. Martin M. Lomasney, llA Green Street, Boston, Mass. ^ 

“ FRmND Martin : I received your letter of the 4th inst. in relation to the 
German situation, and in reply muII say you can rest assured that I wPl never 
vote for a declaration of war where there is an opportunity to avoid it. I 
realize that the situation here is serious. You can not tell from one day to 
another what will come up. Everybody here is hoping that nothing will rise 
that will warrant such a vote, and I believe most of them feel as I do on this 
matter. It will take more than loud talking to steer me from my course. 

“ Thanking you for your letter, and with kindest regards, I am, 

“ Very sincerely, yours.” 

Q. The date of that, please?—A. February 4. 

Q. What year?—A. 1917. 

Q. Signed by whom?—A. Signed “Peter.” 

Q. Signed Peter?—A. Yes; I have a letter dated March 29, 1916, in reply to 
a letter and suggestion I made to him that the mails of the United States be 
carried in the battleships of the United States; when England was seizing our 
mails at neutral ports and lawful property of American citizens, I made a 
suggestion to him that the batleships of the United States carry the mails 
under the flag of the United States—the mail of our citizens to neutral 
countries. He wrote a letter dated May 29, 1916. Some parts of it are In 
connection with a private matter, but I am putting it in. He said: 

“ I note what you have to say of the mail resolution. It has proven to be 
quite a sensation. I am receiving many letters from all parts of the country 
congratulating me upon the resolution, and I believe at this time I should 
thank the real maker of the resolution. If you have any more good things 
like this, ship them along.” 

We shipped a lot of good things to Peter, 



TAGUE VS. EITZGEKALD. 


583 


Q. That was signed by whom?—A. Peter F. Tague. 

Mr. Feeney. I offer that in evidence. 

29, 1916, from Peter F. Tague to Martin M .Lomasney is 
admitted in evidence and marked “ Contestee’s Exhibit No. 9.”) 

for ^ another letter. Mr. Tague, since this campaign 

w^rp"?wi f started you went through this district and this city, where we 

bPhio- Campaign you have charged me with 
/'.ut c teUinst j oil because you stood by the President and the countrv, and you 

cartooiis printed saying I wanted to make money from 
'^‘^iitiacts, and you done everything of a nature that is unfair. The war 
T tiircagh this district and you brought your honored children 

I ^ “ \Vhat am I going to do if I am defeated?” And 

- ^ I tmink God you have—a respectable home, a respectable family. 

^ I ^^^et and I said nothing. I 

took all their abuse, because a man, he recognizes in a fight, and particularly 

i^^>thing in pulling a man down particularly when 
file Ballot Law Commission, in the course 
ot debate, Mr. O Connell and myself, as we unfortunately do, got excited and I 
regret it, because O’Couneirs blood and mine is a good deal alike. I said then 
7. ^ would put you overboard anywheres. You never said then 

Head it, and John F. Fitzgerald and all his cohorts talked to me and 
couldn t get me to print that letter that would beat you for Congress or send 
him there, because there was some question—what is the use, what is the use 
of pulling a man down. You don’t hit him, as he said, but his wife and chil- 
dien, and all those things. I have neither, but a man ought to realize those 
things and I realized them and I kept quiet, and we went through that fight 
and then this contest came, and I am sorry, Mr. O’Connell, you started in 
bringing women into it. One woman, I am told—I do not know the lady—Mrs. 
Feeney almost had a shock when you summoned her about her son. A lot of 
women were summoned and a lot of other things happened, and then to cap 
the climax I understand you and Mr. O’Connell went down to the district at¬ 
torney to ask for the indictment of John I. Fitzerald. Now, he is a warm blood, 
.lust as you and I were when we were young. He has a wife and faniiljT-, too. 
That is a very serious thing to do. I never saw a man I hated bad enough to 
send to jail. 

Now, you know, you know you wrote me a letter, and vou know I got it Do 
you want me to read that letter? 

(No response from Mr. Tague.) 

The AVitness. Do you want me to read that letter, Mr. Tague? Do you want 
me to read that letter, Mr. Tague? I have asked you three times. 1Y)U are a 
liold man on the stump, and before election you charged Mr. Loniasnev with 
pretty near everything on the face of the earth. I have been charged with all 
these things. You had me buried, torn, and quartered by all these fellows, all 
these caricatures and everything else for year. Now, suppose the thing was 
changed. Suppose Mr. Lomasney was sitting there and you were here. What 
would you do? Do you want me to read that letter, Mr. Tague? 

(No response.) 

The Witness. Now, it is very evident—of course, it is true. It is an awful 
question whether I should do it or not. Am I justified? That is the question. 
Now, does your silence mean assent? 

(No response from Mr. Tague.) 

The Witness. Do you? You know that is the general understanding, that 
silence means assent. Do you assent to me reading that letter? He is done. 
Now, I do not want to do you an injustice. I am giving you an opportunity to 
elect. How long do you want? 

(No response from Mr. Tague.) 

The Witness. I read once in a book about an old fight in New York when a 
man killed a man’s brother, the old political fight, the old Scanlan fight, when 
they killed his brother and they were going to count the brother out, and in the 
book it says he walked into the office of the man who was the important man 
in New York, and says, “ I will give you so much time. If you do not promise 
me not to count my brother out, because to count him out might kill him, I will 
kill .you.” Now, I want to be fair. I do not want to see an injustice done, but 
I will give you two minutes by that clock to settle that proposition, and I am 
not promising. I am just talking to you. I will give .vou—it is now—I will 
give you until ten minutes of four. You can talk. I want to be fair with you. 


584 


TAGUE VS. FITZGERALD. 


I)e(‘anso I know what politics is, and I respect yonr home and I respect yolI^ 
family and everythiiyu' else. 

IMi'. Peenp^y. In the meantime, Mr. Notary, I want to say that I waited a 
reasonable length of time for Mr. O’Connell to come hack, 'that I went down 
stairs and I saw Judge Morton. Judge Morton was alone, and I read to 
.Judge INIorton the last question. The question which my brother put, which 
I objected to, and which caused him to—if he is honest in what he says— 
abandon tins hearing, is as follows: 

“ Q. Is it true that you decreed that Mr. Wheltou, when he was mayor, 
should unceremoniously discharge from public office Judge Corbett, Charles 
Logue, and R. Clipston Sturgis? ” 

and when I read that question to the Judge he said, “ What are you having, a 
trial or a show ? ” 

J he M iTNEss. jMr. Feeney, I think the time has arrived. Ifo you give me 
consent to read that letter. Mi*. Tague? He still remains silent. Do you give 
me consent to read that letter, twice? Third and last call. I would like to 
talk with you, Mr. Feeney, a minute. 

Mr. Feeney. I would prefer you to use your own judgment on that. 

The \\Ttness. You are counsel for John Fitzgerald. 

Mr. Feeney. If it was on the question of reading that letter. I will have to 
leave that to you own solemn judgment, sir. 

The Witness (reading) ; 

[Peter F. Tague, Tenth District, Massachusetts. Joseph F. Kane, Secretary.] 


Hofse of Representatives, 


Hon. Martin 1M. Lomasney. 

11-A (Srce)i street, .\Jci.ss. 

Dear [Martin : Last week I wrote 
the name of the contractor who I c 
to begin. When I was in Boston, y 
and send it to me at once, and as 
housing propositions are under wa; 
in on tlicTu, I would be pleased if 
With best wishes, I am, 

Very sincerel.v, yours, 


Wa.^Jnugton, D. C., March 28, lOlS. 


you a note asking you to give me at once 
)uld use on this building, which is about 
ou told me that you would get the same 
the building of all the cantonments and 
, and I have an oiipoiTunity of getting 
you would give me this at once. 


X^ETER 

Q. The date of that is what?—A. [March 28, 1918. 

(}. Now, Mr. Lomasney, that is dated March. 1918?—A. Yes. 

Q. Practically a year after the declaration of war?—A. Yes, sir. 

Q. So that thei-e is no doubt that between IMarch-April. 1917. and March. 
1918, this man. xMr. Tague, was apparently, so far as you could see, friendly 
to you?—A. Yes, sir. 

(}. And at any time during that period, did he show you in any way that 
he was unfi-iendly to you?—A. No, sir. 

Q. Now. then, when he asked you in that letter for the name—let me have 
that, phuise [witness hands letter to counsel]—of a contractor, did you ever 
furnish him one?—A. I did not, 

Q. Now. then, it reads here, “ MJien I was in Boston, you told me you 
would get the same and send it to me at once, and as the building of all the 
new cantonments and housing propositions are under way, and I have an 
opportunity of getting in on them, I would be pleased if you would give 
me this at once.” Did you ever give him the name of a contractor?—A. I did 
not. 

Q. Did you ever promise to give him the name of a contractor?—A. I did not. 
I had a conversation with him. 

Mr. Feeney. This I offer in evidence. 

(The letter, dated March 28, 1918, from Peter P. Tague to Martin M. 
Lomasney, is admitted in evidence and marked “ Contestee’s Exhibit 10.”) 

IVIr, Feeney. He is your witness now, to go at him. 

The Witness. I want to say, Mr. Feeney, we had a conversation before that. 
He told me in that conversation he had made connections and there was 
opportunit.v for him to make some money. He asked me to give him the 
name of a contractor it would be safe for him to do business with. I said, 
“ I will think it over.” I never done it.. 

Q. That was all, Mr. Lomasney?—A. Yes. 


TAGUE VS. FITZGERALD. 


585 


wni’ question: Mr. Biirlen, of the election hoard, is the Mr Biirlen who 

]\mchpn^ the contested election between J 

Mitchell Galvin and Joseph F. O’Connell, was he not?-A. I guess 

ooS;„r«i.ro.- 

''PPOintment of any of the election 

coSiiiission ?—A‘’xo 'sir ''PPP'"*""®'!* ‘'f the ballot-law 

INIr. Feeney. That’ is all. 

exainlM? T. O-Oonnell). Do you desli-e to cross- 

nu',1 Senior counsel has expressed oui- position, 

i he u iTNEss. Am I excused from further attendance‘s 
Notary Mancovitz. Until you are further notified. 

Mr. Fp]eney. I move we ad.journ until JMonday morning. 

/ . .. 1 .c Martin M. Lomasney. 

(Ad.iouined to 10 a. m., Monday, March 17, 1919.) 

Testimon.v taken in room No. 443, Federal Building, Boston, Mass,, IVednes- 
daj, Api’il 2, 1919, at 11,15 a. m., before David Mancovitz, Esq. (presiding), 
and Abraham C. Berman, E.sq., notaries public. 

Coumsel: Joseph F. O’Connell, Esq., and Arthur Harrington, Esq. for the 
contestant; John P. Feeney, Esq., and Timothy F. Callahan, Esq., for the con- 
testee. 

^Ir. Callahan. Are .vou read.v? 

Notary Mancovitz. Are you gentlemen ready? If vou are, proceed, Mr Cal¬ 
lahan. 

Mr. Callahan. For the purposes of the record, Mr. Notarv, I want to read 
the notice for this hearing. 

T TH March 31, 1919. 

Joseph F. O Connnell, Esq., 

Attorney and Agent for Peter F. Tagne, 

53 State Street, Boston, Mass. 

Dear Sir: Please take notice that on Wednesday, April 2, at 11 o’clock, we 
slmll examihe the following witnesses, before David Mancovitz, notary public, 
in the matter of the Tague-Fitzgerald election hearing: Melancthon W.' Burlen, 
Frederick J. Finigan, Edward P. INIurphy, Jacob Wasserman, William E. Ma¬ 
honey ; addresses, election commission. City Hall, Boston ; Herbert H. Boynton; 
address, secretary of state’s office. State House. 

The hearing will be held in the United States court room. No. 443. 

Very truly, yours, 

Timothy F. Callahan, 
Attorney for John F. Fitzgerald, 

And the officer’s return : 


Boston. April 1, .1919. 

Suffolk, ss: 

By virtue hereof I this day served in hand upon Joseph F. O’Connell, e.sq.. at 
10.45 in the forenoon, a duplicate of the within notice. 

Jeremiah A. Tmomey, Constable. 

INIr. O'Connell. I simply want to say at this time, and in order that the 
record may have it, that the notice wasn't received at 10.45 a. m. yesterday 
morning. It was received at 11.10 a. m., and Mr. Twomey’s attention was 
called to that fact in the presence of Mr. Tague, just in order that the record 
ma.v have the fact. 

Mr. Callahan. I do not think there is any dispute about it. I do not 
■want to start a controversy. Mr. Goodwin says it was received before 11 
o’clock. 


MELANCTHON W. BURLEN, sworn: 

By Mr. Callahan : 

Q. What is your full name?—A. Melancthon W. Burlen. 

Q. You are an election commissioner of the city of Boston'?—A. Yes, sir. 
<}. And you are now chairman of the election commission?—A. Yes, sir. 


586 


TAGUE VS. FITZGERALD. 


Q. You may sit down if you want to, Mr. Burlen.—A. I just as soon stand. 

I will stand a little while, and if I get tired I will ask to sit down. 

Q. How long have you been a member of the election commission ?—A. Be¬ 
tween 18 and 19 years. 

Q. And how long have you been chairman of that commission?—A. About 

II months. 

Q. That commission, Mr. Burlen, is composed of two Democrats and two 
Kepublicans?—A. Yes, sir. 

Q. And you are a Republican member of that commission?—A. Yes, sir. 

Q. Who is the other Republican member?—A. Jacob Wasserman. 

Q. And the two Democratic members are Mr. Finigan and Mr. Murphy?—A. 
Yes, sir. 

Q. And there are two Republican members and two Democratic members, 
because the statute requires that it shall be a bipartisan board?—A. Yes, sir. 

Q. And two members of each of the dominant parties are chosen for that 
board?—A. Yes, sir. Appointed. 

Q. Are appointed, rather? They are appointed by the mayor?—A. Yes, sir. 

Q. Now, your board, Mr. Burlen, has charge of all the recounts in the city 
of Boston? That is, recounting ballots cast at primaries and elections?—A. 
Yes, sir. 

Q. And your board had charge of the recount of the primary and of the 
ballots cast at the primary and election at which Mr. Tague and Mr. Fitz¬ 
gerald were candidates?—A. We did. 

Q. Now, Mr. Burlen, how many precincts are there in that district—that 
congressional district, do you know?—A. There are 11 precincts in ward 5. 
I think there are- 

Q. Fifty precincts?—A. I think something over 50 precincts. I can’t tell 
exactly. 

Q. Fifty precincts. Well, we will show it by the records very soon. And 
in each one of those precincts—each one of these precincts, Mr. Burlen, there 
is a voting place?—A. Yes, sir. 

Q. Is that so?—A. Yes, sir. 

Q. Now, at each one of those precincts how many precinct officers are 
there?—A. Six. 

Q. And those six precinct officers are divided the same as your board— 
three Democrats and three Republicans?—A. Yes, sir. 

Q. Is that required by statute?—A. Yes, sir. 

Q. And those six precinct officers have complete control of the primaries 
and elections at their respective booths?—A. Yes, sir. 

Q. Now, besides those six precinct officers, are there always police officers 
in attendance? 

Mr. O’Connell. Well, just a second. I rather think it would be better if 
yon would ask questions rather than to suggest an answer. 

Mr. Callahan. I don’t complain about that. 

Q. Are there, besides those election officers, are there police officers in at¬ 
tendance?—A. Yes, sir. 

Q. And at each precinct, how many police officers are there?—A. Some por¬ 
tions of the day one, some portions two. 

Q. Is there any time during the day, from the time the precincts open at 6 
o’clock until the ballots are counted and returned to your department, that 
there isn’t a police officer in attendance? 

Mr. O’Connell. Just a second, now. I suppose he can testify only from 
his own knowledge of any particular place. 

Q. Being an election commissioner for 19 years, you may testify. 

Mr. O’Connell. Now, just a second. I ask that our objection- 

Notary Mancovitz. You can answer the question, and note Mr. O’Connell’s 
objection. 

]\Ir. Callahan. It is a matter of common knowledge any way, and you 
know it. 

Mr. Goodwin. You mean they ought to be in there. 

Mr. Hakeington. They go out and get a drink once in a while. 

Mr. O’Connell. The fact remains that a police officer has already testified 
that when ballots were changed, there wasn’t any police officer present. 

Mr. Callahan. It isn’t so. 

Mr. O’Connell. I beg your pardon. It is so. Under those circumstances, it 
seems to me that the question ought to be so framed that this witness would 
speak only—testify only from his own personal knowledge of particular places. 




TAGUE VS. FITZGEKALD. 


587 


IVIr. Callahan. Are yon through now? 

iinH*! ^ o’clock in the morning, when the polls open, 

siibsequeiit time when they are 
con itin^ballots, is there ever a time at any one of those precincts when a 
police officer is not in attendance? 

INIr. O’Connell. If he knows. 

Mr. Callahan. Wait awhile. Let him answer 
Mr. O’Connell. I object to that question. 

Notary Mancovitz. Note Mr. O’Cennell’s objection. 

confined to his personal knowledge. 

Ihe Witness It has always been the custom, ever since I have been a 
niemnei of the hoard, that a police officer should be in attendance at the poll¬ 
ing place. ^ 


Notai^ Mancomtz. Mr. Callahan, might I say this; I believe the boxes are 
delivered to the precinct officers, in the first place. 

INIr. Callahan. I know that. 

INIi. O Connell. I ask that that question be stricken out as not responsive 

Notary Mancovitz. Note Mr. O’Connell’s objection. 

Q. Is that a thing that is required by the statutes, if yon know?—A. No, sir. 

Q. That is a precaution that the election department takes, is it, of their own 
volition?—A. The election department requests the police department to furnish 
ns with an officer. 

Q. Officer for each precinct?—A. Each precinct, and we have a list submitted 
to us from them with the name of the officer of each precinct. 

Q. Now, Mr. Biirlen, the ballots, before they are sent to the voting places, are 
kept Avhere?—A. About—or about 12 o’clock of the day before the election, the 
ballots are delivered to our office from the secretary of state and are under 
police guard all of that time until they are delivered at the precinct polling 
place, or at about 6 o’clock, on the day of the election. 

Q. They are under police guard. Now, when these ballots—when these bal¬ 
lots are taken to the different voting precincts, in whose custody are they?— 
A. In the custody of the police. 

Q. And the police, I take it, deliver those ballots then to the precinct officers 
at their respective precincts?—A. Yes, sir; the morning of election. 

Q. All these precinct officers are sworn?—A. Yes, sir. 

Q. Now, then, at each polling booth, Mr. Burlen, is the ballot box in clear 
view of the people who are outside?—A. It is. 

Q. And in all these precincts, are the voting places schoolhoiises or churches, 
do you know? 

Mr. O’Connell. Churches? 


Q. Or are they some of them in booths—A. AVe have some sixty-odd in voting 
booths. 

Q. What is that?—A. Sixty-odd in voting booths. 

Q. I mean in these 50 precincts, do you know?—A. In those 50 precincts, 
some in schoolhoiises, some in voting—some in voting booths, and I think one in 
a vestry of a church or a school—it is a school. 

Q. As I understand it, the actual voting place is railed off. Is that so?—A. 
I will present a couple of drafts that I have made personally, which might be 
able to help jmu in some way. 

Q. These are made by yourself?—A. Yes, sir. 

Mr. O’Connell. Is that made in accordance with any request by the attorney 
for the other side as to what you were going to testify about? 

The Witness. I have talked with Mr. Callahan regarding the matter. 

Mr. Callahan. I told Mr. Burlen that for the information of the congres¬ 
sional committee, I was going in in detail to the whole question of voting 
to show the careful manner in which it is conducted and also the various 
safeguards that were thrown around the voting in this city. 

Mr. O’Connell. Did you tell him also to include the loopholes that were in¬ 
cluded in it? 

Mr. Callahan. Those loopholes only exist in your imagination. 

Mr. O’Connell. It is funny, but they all happen. 

Mr. Callahan. They don’t happen. 

Mr. O’Connell. Transferring a ballot from one box to another in the’ 
absence-- 

Mr. Calxahan. You are a very imaginative man. 

Mr. O’Connell. It wasn’t very imaginative when we caught one commissioner 
going to the vault alone, and they admit it. 



•588 


TAGUE VS. FITZGEKALD. 


Mr. Callahan. You would make anybody admit anything. 

IMi*. O’Connell. They didn’t want to admit that. They have l)een claiming 
for 10 years nobody knew it. 

Mr. Callahan. I will submit these as exhibits later on. 

Q. This [indicating] is a copy of a description of a voting booth, where?—A. 
This is a description of a voting booth in what we call—what we call our large 
voting booths, and is on the line of preparation—no; this is a description of a 
voting booth, one of our wooden voting booths; and also, as near as possible, a 
description of an iron voting booth, which has an entrance and exit onto the 
sidewalk. 

Q. Now, as I take it, this outside line here [indicating] is the outside of this 
voting booth?—A. Yes, sir. 

Q. And this here [indicating] is the entrance to the voting booth?—A. Yes, 
ser. 

Q. Now, this space here [indicating], which is marked “6 feet,” is the space 
that is occupied by those going in to vote, and by checkers and men who are 
•checking up the lists?—A. Yes. 

Q. A.nd any people who want to observe the voting?—A. Yes, sir. 

Q. Now, at this side [indicating] there is an entrance to the polling place. 
This [indicating] is the entrance to the-A. Yes. 

Q. Now, at that place you have marked “ looting list.” What do you mean 
by that? A. When a voter attempts to vote, he stands at this entrance and 
gives his name to the election officer having charge of the voting list. 

Q. There is an election officer there?—A. Yes. 

Q. In charge of the voting list?—A. Voting list. 

A. And he must give his name to that election officer, and his address?—A. 
Yes. 

Q. Is that so?—A. Yes. 

Mr. O’Connell. Just one minute, now, Mr. Callahan, if you please. I think 
I am Avithin the facts when I state that there are none of those kind of 
booths in ward 5. It would seem before any inquiry is made of the election 
commissioner, v'e should find out whether there was any such booths in 
ward 5. 

INIr. Callahan. Do I understand you are confining all your investigation 
to ward 5? 

]Mr. O Connell. I want to have—I do not want to have the commissioner- 

Mr. Callahan. Well, you want me to conduct my examination in my own 
way, and, of course, I am going to do it no matter what objection you make. 
Now, we will save time if you won’t make your objections. 

Mr. O’Connell. Oh, Mr. Callahan, I simply must make objections when a’ou 
do things irregularly. 

Notary Mancovitz. Note the objection. 

IVIr. O’Connell. At least I object to any inquiry about the election booths from 
any typical plan that is submitted, unless that plan is the plan of the booths 
in the district, and particularly in view of the fact that it isn’t a plan of any of 
the booths in ward 5. 

Mr. Callahan. Will you name some particular voting place in ward 5, so 
we can give you a description of that? 

i\Ir. O’Connell. All of them—Faneuil Hall and the Washington School and 
Avard room. No booths at all down there. 

Mr. Callahan. All right. Now, just for the purpose of clearness, let me 
say all the precincts—all the voting places in ward 5 are similar. 

Mr. O'Connell. Are similar to what? There isn’t any one similar. 

Mr. Callahan, Similar to each other. 

Mr. O’Connell. Different from each other. 

Notary Mancovitz. They are all arranged the same way. 

Mr. Callahan. I know, but we want to tie down Mr. O’Connell to an ac¬ 
curate statement. Are they all alike? Are they typical in ward 5? Do you 
want to answer that? 

Mr. O’Connell. Who are you speaking to now? 

i\Ir. Callahan. Speaking to you. 

INIr. O’Connell. I didn’t know you were speaking to me. If you are, I am 
not on the witness stand. If you would sit down with me and figure out the 
various precincts, I would be very glad, indeed, to agree with vou as to 
what they really are. 

Q. Co ahead.—A. This booth typifies the iron booth that would be at the 
•corner of WiUard and Lowell Streets, ward 5. 




TAGUE VS. FITZGEKALD. 


589 


Callahan. This is ward 5. We do not like to confuse you. 

31r. Haerington. What precinct is that? 

The Witness. I can’t remember. 

L. official here with a voting list, and that voting list 

nas his name, his address, and a description of the voter. Is that so*^—A 
les, sir. 

^ Q. And at this same voting—at this same voting list, there is a police officer,, 
isn t there, with a similar check list?—A. One outside the rail. 

Q. One outside the rail with the same sort of a check list?—A. Yes, sir. 

Q. And that police officer—that is, there must be a police officer at that check 
list at all times during the day. Isn’t that so?—A. Those are tlie instruc¬ 
tions. 


Q. So that there are two men checking off those voters as they come in. 
Fiist, an election official, and secondly, at the same time doing tlie checking 
is a police officer. Is that so? A. There is a police officer there with a list. 

Q. He checks off", too, doesn’t he?—A. Supposed to. 

Q. The list vdiich the election official has- 

(Mr. O’Connell makes a remark not understood by stenographer.) 

Mr. Callahan. I wish you could he a little more courteous. You always 
ask for courtesy, and you like a lot of consideration. Now, this is a technical 
thing, and we are doing it for the congressional committee, and I ask that 
you behave yourself. I know it is hard, but try to do it. 

Q. That list, at the end of the day, Mr. Burlen, which the election official 
marks, is sent back to your department, is it?—A. Yes, sir. 

Q. And the list which the police officer has, is that sent back to your depart¬ 
ment?—A. Yes; supposed to be. 

And you have both those lists after the election day?—A. Yes, sir. 

Q. Now, when they ascertain that the person who asks for a ballot is the 
person on the list the voter then goes to a clerk who has charge of the ballots ?— 
A. Yes. 


Q. And he is given a ballot. It that so?—A. Yes. 

Q. Then he proceeds to this end of the room over here [indicating], where 
there are voting places?—A Yes, sir 

Q. And those are arranged so that if a person is voting in one they can’t see 
into the next voting place. Isn’t that so?—A. Little covered boxes. 

Mr. O’Connell. I again object to" your form of asking questions and submit 
they ought to be framed in such a way as not to suggest an answer to the wit¬ 
ness. 

Notary Mancovitz. Note Mr. O’ComieH’s objection. 

Mr. O’Connell. I want to have my objection- 

Notary ]\Iancovitz. It is noted. 

Mr. O’Connell. Noted to these kind of questions. It seems to me we have a 
witness on the stand who is capable of telling what took place witLout being 
led. 

Q. Now, Mr. Burlen- 

Mr. O’Connell. I want to have my objection noted. 

Notary Mancovitz. I already noted it, Mr. O’Connell. 

Q. After the voter marks his ballot he folds his ballot in that same voting 
place, doesn’t he?—A. Supposed to. 

Q. And then he takes the ballot and deposits it in the ballot box. He does 
at some time at any rate. I will take the next step. When he votes and folds his 
ballot, what is the next thing that he does?—A. He goes to the clerk in charge 
of the voting list at the ballot box, gives his name and residence, and if that 
it found, the clerk checks his name and the election officer at the ballot box 
allows him to deposit his ballot. 

Q. So that a voter, when he comes into the booth first, must give his name, 
and he must stand before an election official and a police officer with his de¬ 
scription, and then when he deposits his ballot he must have his name checked 
again Is that so?—A. That is so. 

Q. Now, when these men are voting, they are in clear view of everybody in 
that room?—A Yes. 

Q. Is that so? 

Mr. O’Connell. Now I object to your stating the facts in a question and sug¬ 
gesting an answer I ask that my objection be noted to all these questions. 

Notary Mancovitz. Note his objection. 

Mr. O’Connell (continuing). Of this character. 





590 


TAGUE VS. FITZGERALD. 


Mr. Callahan. Oh, you are funny You are just funny; that is all. 

Q. They are in clear view, jNIr. Burlen, of all the people in the room? 

INIr. O’Connell. Now, then, 1 object to that and ask- 

Q. Isnt’ that so? 

Mr. O’Connell. That my objection be noted. 

Notary Mancovitz. I have already noted it. 

The Witness. The preparation of polling places in Boston is arranged in such 
a way that the voting compartments are in plain view of the voters. 

Q Yes. And the ballot box is in plain view of the voters, also, isn’t it?—A. 
I wouldn’t want to say that a man depositing a ballot, that a person on the 
outside of the rail could actually see that man putting the ballot in the box. 

Q. Well, in most of the places it is arranged so that everybody can see it, 
isn’t it?—A. He is there at the box performing some act. 

Q. And they can see him performing that act?—A. Yes. 

(}. All right. Now, let us take another place that perhaps will satisfy Mr, 
O’Connell. This [indicating] is a place—this is a line or a plan roughly 
sketched by yourself, isn’t it?-—A. Yes. 

Q. And this is a plan of a voting place other than in the wooden or steel 
booths?—A. Yes. 

Q. This is a typical plan of all the voting places in schoolhouses and 
churches?—A. Yes, sir. 

Mr. O’Connell. I object to that as being another statement that isn’t-* 

Notary Mancovitz. Note the objection. 

Mr. O’ Connell (continuing). At all proper in a hearing of this kind. I 
again submit that Mr. Callahan should ask questions rather than make state¬ 
ments, and ask that my objection to his course be noted. 

Notary Mancovitz. Note his objection. 

Mr. Callahan. You make me happy Joe, just looking at you. 

Mr. O’Connell. That sickly grin doesn’t look as though you were happy. 

INlr. (Jallahan. This is rather technical, and I know you could never prove 
these things, but I am going to prove them. 

Mr. O’Connell. You are going to try to square a circle, I suppose. 

Q. Now, Mr. Burlen, these are booths that are typical of the voting places 
in schoolhouses and elsewhere. Is that so?—-A. This diagram is a diagram of 
the original booths that were built when the Australian system was first 
established in Boston. In arranging the polling places in schoolhouses, we tried 
to arrange them this way [indicating]. I tried to find a diagram. I had one 
at the office in a scrapbook, which is on this line. This is one entrance [indi¬ 
cating], and you come out the exit at the same entrance, and in schoolhouses. 
almost invariably, those are arranged in that way. 

Mr. O’Connell. Do you mind putting into the record at this time the date 
of the Australian ballot law being invoked in Boston? 

The Witness. I will look it up. I not remember. I was going to say—’SO. 

Notary Mancovitz. It existed in November, 1918? 

The Witness. Oh, no; the Australian system was away back—’84. I am 
'iiot sure. 

Mr. Haerington. Either ’95 or ’96. 

The Witness. Hold on. It is in the eighties. 

Notary Mancovitz. Mr. Burlen, it existed in 1918, didn’t it? 

The Witness. Yes. 

Notary JMancovitz. That is all there is to it. 

Mr. O’Connell. That is all this judge of ours—that is all there is to it, as far 
as he is concerned. 

Q. AVell, now, Mr. Burlen, the difference—the main difference between this 
plan that you have here and that one that you described a minute ago, is that 
the voters come in here [indicating], come into the building through one door 
and go out the same door. Is that it?—A. They come into the voting compart¬ 
ment— 

Q. They come to this voting compartment?—A. In the entrance. 

Q. And come out the same door here [indicating]. Is that so? Whereas in 
thi.s booth arrangement, they come in one door and they go out another?—A. 
This [indicating] is.a wooden rail across here, which is also made in the 
schoolhouses. 

Q. But in eveiy other way, that is the same sort of a voting compartment 
as this one here [indicating]?—A. Yes, sir. 

Q. That is, the voting list is here [indicating] and there [indicating] is the 
■clerk in charge of that voting list?—A. Yes, sir. 





TAGUE VS. FITZGERALD. 


591 


Q. And outside there is a police officer with the same voting list?—A. Yes 
si^ contains the name and description of the voter?—A. Yes, 

statements from Mr. Callahan. 

Aotaiy Mancovitz. Note his objection. 

r»n?tnTPnt«Vw gets his ballot and goes to one of these com¬ 
be hns iiven and then deposits his ballot after 

ne has gi\en his name to anothei- election official?—A. Yes, sir 

^ objection be noted to this form of statement. 

Nota,iy AIancovitz. Note his objectiom 

at 4 o’elock those ballots are taken from the ballot box 
and counted, are they?—A. Yes, sir. 

Q. And they are counted by the regular election officials. Is that so?—A. 
i sil • 

those ballots lu-e counted in clear view of any spectators who might 
desiie to stay there and see them counted?—A. That is the law, and I think 
the law has been complied with, as far as I know. 

be^note^'^^^''^^^' ^ niinute. I object again, and I ask that my objection 

INIr. Callahan. Why don’t you make a general objection? 

4-1 .^’pOA^NELL. If you will make a statement that you are going to continue 
this kind of an examination and thereby make it necessary for me to con¬ 
tinually object, of course we can come to an agreement by which I can make 
one general objection to all your leading and suggestive questions and state- 
nieiits which you simply ask the witness to agree with. If you are going to do 
that, I can object now once for all. 

Mr Callahan. The witness is testifying to what is fact, as you know it 
and I know it, and everybody knows it, and we are simply doing this for the 
information of the congressional committee. 

Mr. O’Connell. I beg your pardon. I do not know those things to prevail, 
and I have had some experience with elections, and you are simplv suggesting 
the model kind of a case, and I regret to say that the model has not been fol¬ 
lowed, particularly in ward 5. 

Q. Now, when the ballots are counted, Mr. Burlen, in whose custody are they 
placed? A. After the ballots have been counted and sealed up in the* envelopes 
and leatheroid box, they are given to a police officer. 

Q. And that police officer takes the ballots where?—A. To the office of the 
election board. 

is done, at 4 o’clock is the ballot box, or this container, 
the ballot box in which the ballots were deposited that day, sent to your com¬ 
mission or brought to your commission?—A. Do you refer to the wooden regis¬ 
tering ballot box? 

Q. \es. A. Perhaps I could say in my own way that at 4 o’clock, when the 
box^ closed, the ballots that are cast are taken out of the registering ballot 

Q. Yes. A. And the unused ballots are sealed up in a container, and the 
unused ballots with the registering ballot box with the voting lists are sent 
to our office before the votes are counted. Those are the orders 

Q. That is, at 4 o’clock?—A. At 4 o’clock. 

Q. The unused ballots, and the ballot box are sent to your office? 

Notary Mancovitz. And the voting lists? 

The Witness. And the voting lists? 

Q. And the voting lists? And they are in the custody of a police officer?— 
A. They are in the custody of a police officer. 

Q. Now, the ballots are kept at the precinct to be counted; isn’t that so?— 
A. The ballots cast. 

Q. The ballots cast are kept there to be counted. That is so, isn’t it?_A 

Yes, sir. 

Q. And they are counted by the regular election officials?—A. Under the 
statute two election officers, each of a different political party, count them, 
and two election officers of a different political party watch the count on each 
block. 

Q. And during that whole count, there is a police officer or several police 
officers in attendance. Isn’t that so?—A. There is supposed to be a police 
officer there. 


592 


TAGUE VS. FITZGERALD. 


Q. Now, when the count is finished, in whose custody ni’e those ballots 
placed?—A. After the ballots cast have been counted, they are sealed up in 
an envelope—if it is a primary, a canvas envelope if it is a primary, and it is 
sealed up in a leatheroid box, with a certificate on both the envelope and on 
the leatheroid box, and given to a police officer, who delivers them to the 
election board. 

(F When you say the “ ballots are put in,” is that what you call a con¬ 
tainer?—A. We call that a canvas envelope. 

Q. A canvas envelope: Tell us how that is used, please?—A. At a primary, 
the ballots of a political party are taken from the ballot box with the other 
parties’ and placed in manila envelopes, in blocks of 50. 

Q. Yes.—A. Those blocks of 50 are counted on a block and tally sheet, and 
the tallied blocks are completed for that political party. A total tally sheet 
is taken by the warden and the clerk, and the results of the block tally sheets 
are tallied on the total tally sheet. Each block that is counted on the block 
tally sheets—the block tally sheets are signed by the election officers count¬ 
ing thein. When it is completed the block tally sheets and the total tally sheets 
are put into the envelope of the political party that the votes are counted and 
sealed and a certificate put on. Then the process of the next political party 
is counted, and they may have an envelope like this canvas envelope. When 
that is completed, they are all put in this box, leatheroid box, and a certificate 
made and given to the police officer to take to the election board. 

Q. So you have canvas bags at each precinct for each political party?—A. 
At a primary. 

Q. At a primary?—A. Yes. 

Q. And on election day, you have just one canvas bag?—A. The ballots are 
put in here, and the unused ballots are put in that. 

Q. The unused ballots are put in this envelope. At the primary, however, 
the Democratic ballots would be put in one envelope and the Republican bal¬ 
lots in another?—A. Yes. 

Q. And then they would be tied with these canvas strings, would they?—A. 
Yes, sir. 

Q. And they would be sealed?—A. Yes. We have two paper seals. 

Q. And those seals would be put on how—with paste or with wax?—A. They 
are sealed on with gum arabic. 

Q. Those containers are put in—those envelopes, rather, are put in that 
large leatheroid box?—A. Yes, sir. 

Q. And that contains what else besides those envelopes?—A. It contains 
the block tally sheets and total tally sheets. If a primary, it contains the 
ballots of the other political parties. 

Q. Now, that leatheroid box is strapped with canvas straps when the ballots 
are put in there?—A. They are. 

Q. And the ends of those straps are sealed with-A. With this linen 

seal; with two linen seals. 

Q. With a linen seal, and that seal contains the names of the election com¬ 
missioners?—A. The certificate contains the names of the officers placing the 
ballots in there. The seal contains the city seal and the ward and precinct. 

Q. And if there isn’t a recount, either at a primary or an election, Mr. 
Burlen, how long are those ballots kept by your commission?—A. Sometimes 
six or eight months. Sometimes perhaps three or four months. It depends on 
the volume of the ballots. 

Q. And if there is a recount or some dispute about the ballots, they are 
kept until that dispute is finally settled?—A. Yes, sir. 

Q. And in that case you will keep those ballots until the congressional com¬ 
mittee decides. Is that so?—A. That is what we will do. 

Q. Now, at the recount of the primary in this contest. Mr. Burlen, all 
those boxes containing the ballots cast at that primary were brought upstairs 
in your office to be recounted. Isn’t that so?—A. Yes, sir. 

Q. At that time, did you find any of the original seals broken on any of 
those boxes ? 

Mr. O’Connell. Well, if he knows. How does he know? He didn’t see 
them. He didn’t open any of those boxes. I object to any question like this, 
because we all know he could not have seen it. 

Notary Mancovitz. Note his objection and answer the question, if you can. 

Q. At the recount—I will withdraw that question. At the recount of the 
ballots at this contest, was it called to your attention in any case that the 






TAGUE VS. FITZGERALD. 


593 


-A. I do not remember of a 


oHgiiial seals on those boxes had been broken?- 

tention to the *fa^t'”lr!t am-'^of or bis several attorneys call your at- 

.neniber. 1'«<1 been broken?-A. I don’t re- 

.se.^iecfrgiif‘I.?rtba"rs"U"Tes?r^^ "■®- 

I.s^fb4"i?-A! Yes”' •‘“«tebbuse before the ballot-law eonnnisslon. 

Q. ;\J ere all the ballot boxes taken?—A. I think thev wpi-p 

O’Conneli’ o'r to.'‘TaglU''or an^Ids .utm either by Mr. 

recount iiad been brokenf ’ 

31i. O Connell. If he knows. 

Now, wait awhile. 

were again closed and tied up and sealed?-A Yes" boxes 

Q. Is that so?—A. Yes ’ 

tbei:?-A. “tbiuk-!^! w^sn’ftiUv an T ®»““bssiou, didn’t 

indorsement on the boxes ‘"®y 

there ?-^r®Yes""sir'""’ tbe ones who sealed those boxes 

nbCif ,"n'ir’ ‘b «tt®“tiol or did^yrnoHce tbaT‘'f v "oU of' "'IS 

pbwed on those boxes by the ballot-law eoininisslon bad been brok iP A Ko 
It was not cal ed to my attention, and I did not notice any '"b-»--A. ^o, 

b,«-lJ!,-n*L”' « ’®‘’ ?‘b*e ballot boxes—by “ ballot boxes ” i mean this leatlieroid 
box nhen those boxes were again sealed, tliev were sealed and a seal was 

A yS, s‘ir!“ bb“f“biiiig the name of Mr. Berman as notary. Isn’t that' so?- 

Q. And those ballot boxes are now in yonr custody in the vault with this 
seal containing the name of Mr. Berman*?—A Yes sir 

ein-rfo,!;; af e^ldbits:™"“' """ b"'’ bbb™s container, or 

significance in the fact that von are offerin«- 
l)ox _3, lefeiring to the fate of Congressman Fitzgerald? ^ 

Mi\ Callahan. \Ve have no fear about the fate of Congressman Fitzgerald 

in evidence and marked “ Contestee’s Exhibit No. 13.” Leatlieroid box is of¬ 
fered in evidence and marked “Contestee’s Exhibit No. 14.”) 

I object to the offering of what are called “Exhibits 11 and 
12, because they are not what they purport to be. That is, they are offered 
as tyiiical plans of the ordinary booth, when, as a matter of fact, Mr. Burleii 
sa.\s they are plans of the model booth that was contemplated at the time 
the Australian ballot law' was started here in Boston, back in eightv some¬ 
thing. 

Mr. Callahan. Mr. Burlen did not say anything of the kind. 

Mr. O’Connell. And of which there are only 60 out of 300 and some odd 
111 this city, and probably very few of them in that district. 

Q. Now, Mr. Burlen, you were present at the recount of the priniarv votes 
in this ca.se?—A. Yes, sir. 

(,). And you w'ere also present at the recount of the votes of the election 
between Mr. Tague and Mr. Fitzgerald?—A. Yes. 

Q. Now, will you describe, please, in your own way, and we wull trv to 
accommodate Mr. O’Connell. Please describe in your own way the location 
of the place, or the kind of a place, in which you count the ballots; how thev 
are counted, by, whom they are counted, and tell us about the watcliers and 
so forth.—A. At our office? 


122575—19-38 



594 


TAGUE VS. FITZGEKALD. 


Q. At yonr office.'—A. We have a lar^e workroom, which contains a number 
of larj?e wooden tables, about the size of that in front of the desk. 

Q. And that ta))le is about 9 by 4?—A. Well, it isn’t quite 4. 

Q. Well, are your tables as large as this?—A. Larger than that. 

Q. Larger than that?—A. Yes. 

Q. Give your best judgment.—A. Well, I should say that our tables were 
4 by—4 by 7. 

Q. Four by seven?—A. As near as I can guess; and at that table we place 
one Republican and one Democratic registrar, and we allow at that table— 
I think we did at both these functions—-two men for each candidate, foi- the 
reason that one man was to watch the man call and one man was to watch 
the man check. I can’t remember- 

(Extended colloquy.) 

The Witness. We arranged a table for each ward to be counted. The first 
precinct of each ward was placed on the table. The counters opened the boxes 
and proceeded to count. 

Q. Now, will you tell us about the checkers at each one of those tables?— 
A. Those representing the candidates? 

Q. Yes.—A. As near as I could understand it, the candidates were fully 
represented at each table by two checkers. 

Q. Now. probably I can save some time by going ahead. I understand that 
you sent out to the respective candidates enough tickets so that they could 
have two checkers at each table?—A. Yes, sir. 

Q. And those tickets were sent to Mr. Tague, as well as to INIr. Fitzgerald?— 
A. Y^es, sir. 

Q. Now, you say that the box—a box is brought up from your vaults and 
opened on the table in view of the checkers of the respective candidates?—A. 
Yes, sir. 

(}. And there is a Republitan at one side of the tal)le and a Democrat at 
the other?—A. Yes. 

Q. Both officers of your department?—A. Yes. 

INIr. O’CoNNr.T.p. One minute. I object to these forms of questions, and 
again ask that my objection be noted. 

Notai’y IMancovitz. Note his objection. 

Mr. (i’CoNNELL. Wait until I give my objection. Now, you wait until you 
get my objection, Mr. Mancovitz. 

Notary Mancovitz. You have made your objection, iNIr. O’Connell? 

Mr. d’CoNNEEL. Y"ou have got to comply with one or two things. 

Notary YIancovitz. Have you made the objectiiui? 

IMr. O’Connell. No, I have not. 

Notary INIancovitz. You have taken 10 minutes. 

Mr. O’Connell. Don’t be disrespectful and discourteous, because I am 
going to make the objection. 

Notary Mancovitz. Go ahead. 

Mr. O'Connell. All right. I want my objection noted to the fact that this 
witness is being called upon to answer questions about something that he 
says—in other testimony—he knew nothing at all about it because he was 
in another room, and he is being examined about wiiat might have been; 
and I object to any questions framed that will put an answer into his mouth 
about a typical situation when he wasn't present at it, and I would ask the 
witness to be cautioned that he is to testify to only what he knows took place 
at a given time; and if he wasn’t present, that he should say so. 

Notary Mancovitz. Y'ou may note the objection. The witness is competent 
to know what he is talking about. 

Q. Now. Mr. Burlen, you are chairman of this board, and you make these 
arrangements for these recounts?—A. Y^es, sir. 

(}. When a Democrat is put at one side and a Republican at the other, one 
counting and the other checking, and you arrange for two watchers for each 
candidate. Those are arrangements that you make personally, aren’t they?—- 
A. Yes, sir. 

Mr. Callahan (to Mr. O’Connell). Are you satisfied? 

Ylr. O’Connell. He may make arrangements, but he can’t testify about 
their being carried out when he isn’t present. 

Q. That is true of each table, isn’t it, Mr. Burlen?—A. Yes, sir. 

Q. And I understand now, you made provisions so that Mr. Tague could 
have two watchers at each one of those tables?—A. Yes. 



TAGUE VS. FITZGERALD. 


595 


fr . cfS,7HAN: Al'r^ilf; ? win'^itharaw U *" 

Mr. O’Connell, All right. 

Mr. Callahan. Mr. Tagiie knows it is his fault 

<>ne\vn“«u^ii wLa’in’Th^TiS “““ I think 

Q. One for each ward, and at each one of those tal)les_ 

At each one of those tables, they would take a precinct at 


Yes, 
a 


sir. 

time?—A. 


Q. 

Y'es, 

was beiiiR opened, was opened and heing counted, the 
leinainin^ piecincts leinained sealed—the boxes in the remainin<>- nrecincts 
remained sealed, didn’t they?—A That is right. ^ 

Q And tlie seals on those boxes would not be'broken until they were broukht 
to the tables to be counted? The checkers, I suppose, are there for the pur ose 
of questioniuff certain ballots. It that so?—A. Well, I suppose— 

The checkers are there to watch the count, 
think questionahle they can object to them? 


Q. Mell, I will withdraw that. 

If there are some ballots that they 

Mr. O’Connell. I object to this 
ness would get along better if you 
there for. 

Mr, Callahan. You can answer 

The Witness. Yes. 

Q. That is what they are there for?—A. Yes. sir 

INIr. ( )’(^ONNELL. Co to it. 

Q. At those different recounts there were 
Is that so?—A. Quite a large numher. 

INIr. O Connell. We will agree on that. 

Q. What was done about those ballots that 
ers?—A. Those ballots were brought before the 

Q. And the hoard would act on them after examination, in the presence of 
<?ounsel for both sides? Is that so?—A. That was the_ ^ 

Mr. O’Connell. What was that answer? 

The Witness. I say “ yes.” i 

Q. And the board in no case decided any of those ballots without hearino" 
arguments from counsel on both sides. That is so, isn’t it?—A I think so'*^ 
yes. 

Q. And that is the custom of your office, isn’t it?—A. Yes, sir. It has always 
been the custom to hear the arguments of counsel on the matter. 

Q. M hen those ballots were examined and arguments were advanced on them 
pro and con, they were decided by your board and then sent back to these bal¬ 
lot boxes Is that so?—A. YTs. 


form of questioning, and I suggest the wit- 
would simply ask him what are the checkers 

it. lou can’t tell me how to ask a question. 


a great many questioned ballots. 


were questioned by the check 
board for the board’s action. 


Q. Aow, at the lecount of the primary, ]\Ir. Burlen, was there any disorder 
at the recount at these various tables? 

yir. O’Connell. If he knows. Now, he wasn’t present, and how in the world 
Ean he testify about them. 

A. There was no disorder reported to me from people out there. 

Q. The office where these ballots w^ere taken, I might say for your informa¬ 
tion, Mr. Burlen, has been described here by Mr. O’Connell, or one of his asso¬ 
ciates, as the executive room. I do not know whether you call it the execu¬ 
tive room or not, but I think- 

Mr. O’Connell. Wasn’t it “the executive” room? 

Mr. Callahan. No ; you called it the executive room. 

Q. And these questioned ballots now' w'ere taken and argued upon and decided 
in that executive room. That is wdiere the desks of the different commission¬ 
ers are?—A. There and in an inner room wdiich w'e had. 

Q. And in an inner room. Was there any disorder or commotion there at 
either the discussion or the deciding of those different ballots?—A. I did not 
see very much disorder. There w'ere some disagreements. 

Q. And that is natural wdien people are quarreling over ballots, I suppose. 
At any rate, that didn’t interfere wTtli your decision or the decison of the other 
’Commissioners, did it? 

Mr. O’Connell. Again I object to this form of questioning. 

A. No. 


Notaiy Mancovitz. Note the objection. 

INIr. O’Connell. And ask that my objection be noted. 






596 


TAGUE VS. FITZGEKALD. 


Notary Mancovit;:^. I ordered it noted. 

Q. Will yon answer that question, please?—A. It did not interfere with onr 

decision. , -■ -..i 

Q. Now, Mr. Burlen, at some time prior to the election, Mr. Tagiie hied either 
a petition—I think it was a petition—a petition to remove the names of certain 
voters in ward 5 and ward 6 didn’t he?—A. He did. 

Q. Now, have you that petition with you?—A. I have. 

Q Have you that petition Mr. Burlen?—A. Petition of October 22, 1918. 

Q. Now, may I see that petition, please?—A. [Witness hands petition to 
counsel.] 

Q. This is an otticial document, isn’t it?—A. Yes, sir. 

Q. That is kept in your office?—A. Yes. 

Q. If we want to get it for an exhibit, we will have to get a certitied copy, 
won’t we?—A. Y^es. 

Q. That is, you do not care to leave this here?—A. I think that it might be 
left in the same way the ballots are, if you are going to want those ballots. 
Y'ou have numbered those. 

Mr. Callahan. All right. I will read this. I want to offer this in evidence. 
This is a letter dated Boston. October 22, 1918: 


Board of Election Commissioners, 

Boston, Mass. 

Gentlemen : I, Peter F, Tague, being duly SM’orn, on oath complain that I 
have reason to believe and do believe that certain persons, to wit, those whose 
names and addresses are hereto annexed, have been illegally and incorrectly 
registered because said persons are not residents and were not residents at 
the places set forth as their place of residence on April 1, 1918, against their 
respective names, that the said persons enumerated in said lists have not com¬ 
plied with the registration law as required by statutes and laws of this Com¬ 
monwealth, and that the said persons have no right to vote as residents of the 
places at Mdiich they are registered. 

Peter F. Tagxie. 

Commonwealth of Massachusetts, Suffolk, ss.: 

Then personally appeared the above-named I’eter F. Tague and on oath de¬ 
clared that the above statement by him is true to the best of his knowledge 
and belief, before me. 

John W. Heeuy, Notary Public. 


This contains a list of names, Mdiich are not of much importance now. 
Q. Now, to that petition or communication did you make some reply, 

Burlen?—A. On October 24 the board made the following reply- 

Q. Will you read it?—A. (Reading:) 


Mr. 


October 24, 1918. 


Hon. Peter F. Tague, 

18 Tremont Street, Boston, Mass. 

Dear Sir : The board of election commissioners are ready to examine into 
the complaint hied by you against certain registered voters set forth in com¬ 
plaint hied with this office. The board have set 2.30 p. m. on this date as the 
time for said hearing. 

Respectfully, 

Board of Flection Commissioners, 

M. W. Burlen, Chairman. 


P. S.—We have notihed Hon. Joseph F. O’Connell by telephone of said hearing. 


October 24, 1918. 


Hon. Joseph F. O’Connell, 

50 State Street, Boston, Mass. 

Dear Sir: The board of election commissioners are ready to examine into 
the complaint hied by the Hon. Peter F. Tague against certain registered voters 
set forth in complaint hied with this office. The board have set 2.30 p. m. on 
this date as the time for said hearing, as per notice already given you on 
telephone. 

Respectfully, 

Board of Election Commissioners, 
M. W. Burlen, Chairman. 




TAGUE VS. FITZGERALD. 


597 


O Wh^V hearing?—A. The 24th of October. 

v,v! : ) please?—A. At 2.30 p. ni. 

letter, please?—A. October 24. 

. Mr. Goodwin. The same day? 

The W^iTNEss. Yes. 

Q. I take it you sent two letters to IMr. O’Connell?—A. Sent oup to TVTr 

^O ^ First, telephoned to Mr. O’Connell 

Q. Telephoned to him ?—A. Then sent the letter. 

O. Ihen sent the letter, and then sent the letter to Mr. Tague?—A. Yes sir 

O The ^Tth^ the letter you sent to Mr. Tague?—A. The kth.’ 

1 ^ letters sent hy messenger?—A. The letter— 

those letters were sent by Mr. Mahoney, one of our clerks 

did' receive a reply from either Mr. Tague or Mr. O’Connell?—A. I 

^ mf reply?—A. [Mutness hands letter to counsel.] 

. ^ir. Callahan. This is a reply from Mr. O’Connell. I will read this This 

^C^ielll^rStaTe Street T. 


Melancthon ay. Burlen, 

Chairman Board of Election Commisslonet's, City Hall, Boston, Mass. ' 

Dear Sir : Your notice as delivered by Mr. Mahonev at 2 o’clock to-dav fol¬ 
lowing .vour telephone communication of 15 minutes before, is diilv acknowl- 
} iiote that you state that your hoard is willing to hear Mil Tague at 
' absence of Mr. Tague—whom I have not been able to 

bSoreTou^^ phone—I am unable to state .Inst when he will be ready to appear 

Peisonally I will be unable to do so because I am engaged this afternoon on 
an important matter that can not be put aside. As you know, the hearing before 
the ballot law commission is to be resumed to-morrow at 10 o’clock for the 
tinal argument, and each side is limited to one hour and a quarter, and I am in 
hopes we will be finished by 1 o’clock. I will appear before your board with 
Mr. Tague .pist as soon as we have finished there, and to the best of mv 
belief we can be there at 2.30 to-morrow. Of course, you will appreciate that 
your notice was very brief, and it is only on account of this fact that we have 
not been able to avail ourselves of the appointment suggested by you 
A^ery truly, yours. 


Joseph F. O’Connell. 

Q. Now, Mr. Burlen, on the following day did Mr. O’Connell or Mr. Tague 
or anybody representing Mr. Tague, appear before your board on this matter*^—^ 
A. No, sir. 

Q. From that time until election day, did either Mr. O’Connell or Mr. Tague 
or anybody representing Mr. Tague, appear before your election board on this 
matter?—A. No, sir. 

Q. Now, the statute—take the statute that covers this petition to remove the 
names of voters from the voting list.—A. I think it is section 52 of chapter 
825 of the acts of 1913. I think that is the fact, if I am not mistaken. 

Q. Section- A. 52, chapter 825 of the acts of 1913. 

Q. AVell, I M^ant to offer this statute. Chapter 81, General Acts, an act rela¬ 
tive to- A. That has been amended. 

Air. Callahan. General Acts of 1916, an act relative to the registration of 
voters. I will read this section, 52 : 

“ If a registered voter complains to the registrars or election commissioners, 
in writing, under oath in a city 14 days at least, or in a town 4 days at least’, 
before a primary or election or town meeting, that the complainant has reason 
to believe and does believe that a certain person by him therein named has been 
illegally or incorrectly registered, and setting forth the reasons for such 
belief, the registrars or election commissioners shall examine into such com¬ 
plaint, and if satisfied that there is sufficient ground therefor, they shall 
summon the person complained of to appear before them at a certain place and 
time before the next primary or election or town meeting to answer to the 
matters set forth in the complaint, and the substance of the complaint and as 
copy of this and the following section shall be set forth in the summons. 

Service of the summons shall be made by an officer qualified to serve civil 
or criminal process, not more than 14 nor less than 2 days before the day 
named for appearance, by delivering in hand a copy of the summons to the 




598 


TAGUE VS. FITZGERAED. 


person therein summoned, or by leaving it at the place of alleged illegal or 
incorrect registration, if no later residence of such person appears on the reg¬ 
ister, and in that event at such later residence if the officer finds that such 
person resides at such place or later resides, as the case may be, or if he was 
formerly there and has changed his residence, then by leaving it at the place to 
which he has moved, if it is within the officer’s jurisdiction and can be ascer¬ 
tained by inquiry at such place or later residence; but if the officer can not make 
personal service and can not ascertain the residence of the person complained 
of, the copy of the summons shall be left at such person’s last residence, if any, 
known to the officer within his jurisdiction; and the officer shall return the sum¬ 
mons to the registrars or election commissioners before the day named for 
appearance, with the certificate of his doings indorsed thereon.” 

Q. Now, it says that when this petition is filed, the registrars or election 
commissioners shall examine into such complaints. Now, except for the 
filing of that petition, did Mr. Tague or his counsel, or anybody representing 
Mr. Tague, ever make a complaint about those names or those voters’ names?— 
A. No. sir. 

Q. What did your board do, Mr. Burlen, about those names given in that 
petition by Mr. Tague? 

Mr. O’Connell. If anything. 

A. The board took the names of the persons complained of and had their 
clerks look on the police list to see if those men were police listed, and if they 
were supplementally listed we made notation of it on the sheet which we have 
here. There were some 203 names, and the board found that those men were 
properly on the voting list, were on the voting lists of the preceding year, had 
been returned by the police as voters of the year, of that year, and also that 
some of those names were supplementally registered, the evidence of the sup¬ 
plementary registering being in our office, and an examination of their sup¬ 
plementary registration by the police. The board found that- 

Mr. O’ Connell. Of course, I object to this question, because he wasn’t asked 
what the board found. He was asked what the board did. 

Q. I will ask this- 

Mr. O’Connell. Any conclusions not in accordance with the question and not 
responsive to the question- 

Q. You may tell us what the board did, and then you may tell us how you 
reached that decision. 

Mr. O’CoNNEix. I ask that my objection be noted. 

Notary Mancovitz. Note Mr. O’Connell’s objection. 

The Witness. The board found the persons complained of were either on the 
voting list of 1917 and carried to the 1918 list by the return of the listing board, 
which showed them to be April 1 residents, or they appeared before the board 
and were supplementally listed and registered according to law. 

Mr. O’Connell. In other words, the board did something they were not asked 
to do. We were complaining about illegal registration. They simply found 
what we said was so. They were registered. 

Mr. Callahan. You will find, as you take every step, you did not go quite 
far enough. 

Q. Now, this listing board, Mr. Burlen, is composed of whom?—A. At that 
time. Commissioner O’Meara. 

Q. The police commissioner of Boston?—A. The police commissioner of 
Boston, and I think .Tolin .1. Twomey, the Democratic chairman of the election 
board. 

Q. Now, the election board, as I understand it, has nothing to do with the 
listing of voters on the 1st of April?—A. No, sir. 

Q. That is a duty that is confined to the police of the city of Boston, isn’t 
it?—A. To the listing board. 

Q. The listing board?—A. Yes, sir. 

Q. And their agency is the police department?—A. Yes, sir. 

Q. So if a person is listed on the 1st of April, they are listed entirely by the 
police of Boston?—A. Y^es. 

Q. That is an agency outside of your control?—A. Yes, sir. 

Q. And in making your decision and reaching your decision, you took ad¬ 
vantage of everything in the way of official records that were before your 
department?—A. We did. 

Q. Now, Mr. Burlen, at some time did the secretary of state, or somebody 
from his office, send a list of names to your office?—A. He did. We received 





TAGUE VS. FITZGERALD. 


599 

nS/!^aa?as circular dated Boston, July 1, 1918, 

To the Board of Registrars of Voters: 

to\-egTs?S-ed^v^^^ registration as absent voters may be sent 

entitlecl ^4n act to ^93, General Acts of 1918, 

service of the United by qualilied voters in military and naval 

of perLns am sending herewith the first of several lists 

vour citv or town P1 p-i<!p ? adjutant general as being in said serice from 

la es whtoh anneM, to be checked on these lists as received those 

list so(m as c eel 4 qualified voters and return each 

insert o"-eonlrt!"'the oas^lLv te!"*’"" 

^ ery respectfully, yours, 

Albert P. Langtry, 
Secretary of the Commonwealth. 

names^^'-\ "we ' hn^erstancl It, they sent a list of 

lists Of namel ‘i^eited from tmie to time several lists of names, typewritten 

sn?' simply followed that communication • is that 

O Now t ,f c°r‘ l"T From time to time we got them. ’ 

iNow, that list of names or the lists of names were not confined to this one 
congressional district, were they?-A. No; we had some of ^0 IS^efiut of 

Q. But they were names of young men who were in the Government service 

I^n’t ?lmVri''®A“®T'' «''«'■ Boston, who were in the Government service! 

frnm toior f J casually glancing at them that they were 

from different sections of Boston. 

Q. Different sections of Boston, exactly. And it was your duty, I take it in 
r^ponse to that letter, simply to designate or to show to the secretary of the 
Commonwealth or somebody in his office which one of those men, or which ones 
of them, or which men were actual voters in the city of Boston?—A. We would 
lueutity those names as names of registered voters. 

Q. That is all you were supposed to do—simply identify them as voters in the 
City of Boston, lou were asked by the secretary of state to do nothing else 
were you? —A. No, sir. 

Q. And so far as you know, you do not recall any statute that requires you to 
do anything else?—A. I do not know of any. 

(^. No. And the pin pose of that was to accommodate the secretary of state’s 
office in compiling a list of those men who were in the service and wanted to 
vote outside the Commonwealth?—A. That is what the circular seemed to indi¬ 
cate. 

Q. And there was nothing on those lists, Mr. Burlen, on any of those lists, that 
would indicate to you that any of those men were in that particular place? 
That is, you could not tell from those lists only, and you could not tell whether 
a man was in Boston, or Framingham, or Camp Devens, or New York City or 
France, or any other place in the world, could you?—A. All those lists contained 
was the man’s name and his residence. 

Q. The man’s name and the residence in Boston?—A. Residence in Boston. 

Q. Exactly. _ And there was no other description of that man ?—A. No. 

Q. And nothing else that would indicate to your board where he was?—A. No. 
Notary Mancovitz. We will adjourn now for luncheon, until 2 o’clock. 


Afternoon Session. 

IMELANCTHON W. BURLEN, direct examination resumed: 

Notary Mancovitz. Proceed, gentlemen. 

By Mr. Callahan : 

Q. Now, Mr. Burlen, just one thing, then I will be through. In your descrip¬ 
tion of the officers at the voting precinct this morning, I think we forgot to 
find out just how they were divided up. Will you please tell us the officers at a 
precinct on a primary day and election day?—A. At the entrance of the polls, 
at the voting lists as you go in, is an election officer, either a Republican or a 
Democrat, at that voting list, and if it is a Democrat at the voting list, there 


600 


TAGUE VS. FITZGERALD. 


would be a Republican in at the ballots; and then, on the other side, after the 
man votes and goes out, there will be a Democrat at the ballot box and a Repub¬ 
lican at the check list. 

Q. Then there is a warden and clerk?—A. A warden and clerk, one of each 
political party. 

Q. If the warden is a Democrat, the clerk is a Republican ?—A. Yes. 

Q. And if the warden is a Republican, the clerk is a Democrat?—A. Yes. 

Q. And the other four officers are called inspectors?—A. Inspectors. 

Mr. Haekington. I think it says “ majority parties,” doesn’t it, instead of 
Republican and Democrat? 

The Witness. The principal political parties. 

Mr. Callahan. We are stating it as a fact. You may inquire. 

Cross-examination by Mr. O’Connell : 

Q. This election commission is really a political body, isn’t it, Mr. Burlen? 

Mr. Callahan. You might explain that. 

A. The election commissioners are provided for by statute law, which provides 
that two of them shall be members of the i^riucipal political party. 

Q. Appointed by the mayor?—A. Appointed by the mayor. 

Q. If the mayor is a Democrat, he appoints Democratic men, or those who have 
favored his election? 

Mr. Callahan. No. 

A. I can’t answer what the mayor does. 

Q. Even though the.v are Republicans. For instance, the last mayor, being a 
Democrat, appointed you as Republican after 19 years because you had sup¬ 
ported him on election day. That is true. That is true, is it not? 

Notary Mancovitz. You needn’t answer that question. 

Mr. Callahan. Now, did you say the last mayor? To whom do you refer? 
To whom do you refer? 

Q. Do you want to answer that question? 

Mr. Callahan. Now, wait a while. Make that clear. Do you mean the 
present mayor or the last mayor, Mr. Curley? 

Mr. O’Connell. The witness knows what I am talking about. 

Mr. Callahan. Well, you make it clear. Whom do you mean? 

Mr. O’Connell. Don’t tell me what I am going to do. 

Mr. Callahan. Do you mean Mr. Curley? 

Mr. O’Connell. Don’t be getting rough. 

The Witness. I will answer the question. 

Mr. Callahan. Go ahead. 

Mr. O’Connell. Go ahead. 

The Witness. In my position as election commissioner I took no part what¬ 
soever in the election of the mayor, and don’t take any part. 

Q. Didn’t your boss tell you how to vote? 

Mr. Callahan. Wait. 

Notary Mancovitz. You needn’t answer that question. 

Mr. Callahan. That is insulting. 

(Extended colloquy.) 

Q. You, Mr. Burlen, were appointed by Mayor Peters, weren’t you, as chair¬ 
man of the board?—A. Yes, sir. 

Q, Now, you had supported Mr. Peters in the last election?—A. I took no part, 
as I said, in the election of any mayors of Boston any time I have been a mem¬ 
ber of the election board. 

Q. Messrs. Finigan and Wasserman of your board were both appointed bv the 
present mayor?—A. Yes, sir. 

Q. And both of them had supported him, had they not?—A. I do not—I have 
no knowledge. 

Q. No knowledge? Let me ask you this: When did you find out—at the 
hearing before the ballot law commission, Mr. Burlen, you testified that you 
had no official knowledge that there was a war in which this country was 
engaged, didn’t you?—A. I don’t remember. 

Q. Don’t you remember the hearing before the ballot law commission last 
fall?—A. Yes. 

Q. What?—A. Yes. 

Q. Don’t you remember my asking you about that fact?—A. No ; I don’t. 

Q. Don’t you remember my asking you concerning whether or not any effort 
had been made by the ballot law commissions of Boston to make a list or to 
protect the list of the voters in Boston by finding out how many of the voters 


TAGUE VS. FITZGERALD. 601 

had gone to war? A. I think that you mean to ask me the question if the board 
of election commissioners have done anything. 

Q. \es.—A. You said “ ballot law commission,” and I am willing to frame your 
question for you. 

^ Oh, well, thank you for that suggestion. Do you recall my examining you 
with reference to the-A. Yes. 

Q. (Continuing.) Election commission of Boston and what efforts they had 
made?—A. Yes. 

lists of those voters that were to be used by checking off 
me lists of names of the soldiers who had gone to the front or gone away from 
Boston ?—^A. I think you did make some inquiries along that line. 

Q. Do you recall, in pursuit of that examination, that I asked you whether or 
not you knew the war was on, and you stated to me that you didn’t know offi¬ 
cially that there was a war on last summer?—A. Well, I think if I stated it at 
that I must have had some reason for stating so. 

Q. You have found out since, have you, that there was a war?—A. Oh, yes 

Q. When did you find out that there was a war? 

Mr. Callahan. I object to that. 

A. I can’t tell the exact date. 

Q. You can’t tell the exact date?—A. No. 

Q. Did you find that out since Mr. Boynton testified here two or three weeks 
ago that he had sent you a list of soldiers and sailors, citizens of Boston, who 
had been summoned to the colors?—A. Mr. Boynton sent us a list some time 
in July of soldiers and sailors, as I read from this circular, that had been sum¬ 
moned, with their addresses ,asking us to make the notations on the side of 
those lists whether those men were registered voters or not. We made those 
notations and sent them back to him. That is all we did with the lists. 

Q. So, when you testified last fall that you had no official notice, as a matter 
of fact, you had, some three months before that, received from the secretary of 
the Commonwealth a list of those who liad been called to war, hadn’t you?—A. 
Oh, yes; we received the list. 

l\Ir. Callahan. Called into the service? 

Mr. O’Connell. Now, wait. I am examining this witness. 

Mr. Callahan. We did not have much war over here. These names em¬ 
braced all the names of those persons called into the service. 

Mr. O’Connell. Exactly. 

]\Ir. Callahan. You know we had fellows in the quartermaster’s and over in 
the Navy Y^ard. 

IMr. O’Connell. You are not testifying, please, and won’t you let me proceed? 

]\Ir. Callahan. I know; but I want you to do it right. 

Mr. O’Connell. Mr. Notary, I ask you to tell Mr. Callahan to allow me to 
proceed. 

Notary Mancovitz. Mr. Callahan, you will enter your objection and let Mr. 
O'Connell proceed; allow him to proceed. 

Mr. Callahan. I am not stopping him. 

The Witness. Mr. O’Connell, all I can say is that we received from the secre¬ 
tary of the Commonwealth under date of July 1, 1918, a circular letter addressed 
to the registrar of voters: 

“ In order that the application blanks for registration as absent voters may 
be sent to registered voters under the provisions of chapter 293, general acts of 
1918, entitled ‘An act to provide for voting by qualified voters in the military 
and naval service of the United States,’ I am sending herewith the first of sev¬ 
eral lists of persons reported to ni’e by the adjutant general as being in said 
service from your city or town. Please cause to be checked upon these lists as 
received those names which appear upon your voting lists as qualified voters 
and return lists as soon as checked. lYhere the voting address is missing or 
changed, please insert or correct as the case may be.” 

We complied with that request—we received the list from the secretary of 
state and complied with the request, and if I made a statement that I did not 
get those lists, I made a statement in error. 

Q. And when you got those lists, you made no effort to check off the voting 
lists of the city of Boston to that effect or in such a way that there would be a 
designation made of those who had been called into the Army and Navy?—A. 
We complied- 

Q. Did you?—A. (continuing). With the request of the secretary of the Com¬ 
monwealth. 




602 


TAGUE VS. FITZGEKALD. 


Q. I know; but you had tho infoi'iiialioii soiit to yon which j^ave you the name 
of every man who lias been called as a soldier and sailor. That is right, isn’t 
it, in Boston?—A. We received that list that he sent us. 

Q. And when you had that list in your office, you had ample time to check off 
each name that was on the voting list, didn’t you?—A. No: we did not have 
ample time. AVe had- 

Q. You had to go to the voting list in order to check them, didn’t you?— A. 
Yes, sir. 

Q. And when you had the voting lists in front of you checking them off, why 
couldn’t you have checked on the voting lists those names'^ 

INIr. Callahan. Why should he? 

Mr. O’Connell. Wait a minute, please. Congress will say why he should 
have, and the citizens of Boston will say why he should have. 

Q. Y^ou had that information given to you, didn’t you?—A. Yes, sir. 

Q. You also knew that there was a law that every man in the Army or Navy 
had to wear his uniform during the war, didn’t you?—A. Well, I ain not con- 
shMemLiT^^^^ I’cgulations, but if we say so, I am willing to accept your 

Q. The fact reniains that, although that information was given to you, vour 
board did not avail itself of that information by checking it off on the lists, so 
t lat the election of officers who would have the lists of voters on election day 
would be aware of whether a man had been in the Army or Navy’i’—A The fact 
was we didn’t check Biem off on the books; no, sir. ^ ‘ 

Jight. If that had been done, the names of soldiers and 
sailors who w^ere voted on w’oiildn’t have been voted on'i* 

Mr. Callahan. Now% wait. 

officers in the performance of their duty wmuld recognize the 
intoimation that you would have conveyed to them? 

Mr. Callahan. Now% wait ; I object. ' 

Notaiy Mancovitz. That question calls for a conclusion and opinion. 

Mr. Callahan. Y^ou needn’t answer that. 

Notary Mancovitz. It isn’t a fact. 

Mr. Callahan. We don’t want any suppositions. 

Q. Please answer it. —A. I can’t answer that question myself. 

Q- Had your board given the information which voii had received from tho 

election officers it would have beenTosItble fo“ Jhl 
e ection officeis to have prevented men coming to the polls and voting on the 
names of the absent soldiers and sailors? ^ 

Mr. Callahan. Now^ w^ait. 

Q. (Continuing.) Wouldn’t it? 

Mr. Callahan. You needn’t answ’er that. 

Notary Mancovitz. Of course, it is opinion. 

Mr. Callahan. You needn’t answer that. 

Q. Don’t you want to answ^er that question ?- 

Q. You can’t answ^er it?—A. No. 

Mr. Callahan. That is a thing to be argued. 

Mr argument. It is very patent, 

odds? ^^I'ether It needs it or not, you will argue it; so wdiat is the 

Q. At the examination at the statehoiise before the ballot-law commission 
when you w’ere on the stand for tw^o or three days and I was endeavoring to’ 
find out about the manner in which the voting lists had been protected 
did not give us any information about having received that list from the secre- 
tary of state, did you?-A. I think I did. I think my answer was that— 

Q. Will you reflect for a moment?—A. I think my answer was w^e w^ere not 
by law required to note those names on the voting lists at that time 

Q. Now, I wdll ask you to reflect again. 

Mr. Callahan. Now^ he has reflected once. 

Mr. O’Connell. I am asking him to do it again. 

Mr. Callahan. He doesn’t have to do it again. 

Mr. O Connell. If he doesn't want it, let him say so. 

Q. I will ask you to reflect again and see on reflection if you ever made anv 
statement at any tune at that hearing in reference to having received a”fst from 
the secretary of the Commonwealth?-A. I think I did make the statement and 

voting hst " to make any notation on the 


It isn’t a question of fact. 
-A. I can’t answ’er it. 




TAGUE VS. FITZGERALD. 


603 


service; that is, the employees of it?—A. 

board left in the city of Boston where political office 

subject to civil service? 

Ml. Cwixahan. It he knows that. That isn’t so, but- 

all" departments''**^^ nearly so, Mr. O’Connell, I am not positively sure about 

Yo'iJpn^t^nti^l”' ?-°y o'” liealth? Yon are a smart fellow, 

lou know all about it. 

(Extended colloquy.) 

are appointed, these deputies that you spoke about, 

aie appointed as a reward tor political activity by each of the various parties- 

Mr. Callahan. Wait. 

Q. (Continuing.) Names are submitted to your board by the mayor and you 
appoint them after the mayor tells you?—A. I can’t agree to that statement 


Q. The appointment in your office comes, as a matter of fact, from the 
mayor? A. The board appoints the officers in our department. The mayor has 
to approve them. 

Q. The mayor approves them?—A. Yes. 

Q. And who recommends them to your board?—A. Why, applications are made 
in a great many cases. 

Q. But whose recommendation is it that carries appointments?—A. The 
board’s—decides on the qualitications of the appointees in our office. 

Q. I say, whose recommendation is it that carries with the board?—A The 
board- 

Q. ^\ith the board?—A. The board decides upon appointments. 

Q. The board takes it orders-A. From no one. 

Q. In the appointment of the precinct officers you get your recommendations 
and suggestions from the ward committees, do you not?—A. In quite a number 
of cases, yes; but fully 85 per cent of our election officers are appointed from 
year to year. In vacancies we do request that the ward'committees make sug¬ 
gestions, and we go through those suggestions and have applications made, and 
they are appointed. 

Q. Inasmuch as you have been on the board 19 years, I think you can also 
testify to the fact that when these original appointments were made they were 
made on the recommendation of the two ward committees, the two city commit¬ 
tees, rather?—A. A great many of them have been serving for some time. Some 
of them for 25 or 30 years before the present board went into effect. 

Q. In other words, purely partisan appointments, the Democratic ward com¬ 
mittee appointing—suggesting Democrats 'and the Republican ward committee 
suggesting Republicans?—A. We do that to get the standing of the political 
affiliations of the election officers. We do not always appoint their suggestions. 

t}. But v/here, in a ward like ward 5, where the ward committee of both the 
Republican Party and the Democratic Party is controlled by one oi-ganiza- 
tion—— 


Mr. (lALLAHAN. Now, v’ait. 

Q. (Continuing.) You take your orders, as a matter of fact, from Mr. 
Lomasney’s club? 

Mr. Callahan. Now, wait. 

The Witness. I want to answer that question. 

Mr. Callahan. I will let you answer the part where you take your orders 
from Mr. Lomasney. Of course, you can’t answer the question that both 
parties are controlled by one organization. 

Mr. 0’(kiNNELL. IVell, you better answer the whole question. 

Mr. Callahan. You asked a question about IMr. Lomasney and he will an¬ 
swer it. 

]Mr. O’Connell. Go ahead and answer it, Mr. Burlen. 

Mr. Callahan. If you will separate it. 

The WTtness. Mr. Lomasney has never suggested a Republican officer or sent 
a recommendation in to our board, as far as I know. 

Q. Well, the Republican ward committee, which is his committee, make the 
recommendations, don’t they?—A. I have received suggestions from Mr. Hormel, 
chairman of the Republican committee, quite a number of times. 

]Mr. Callahan. The Republican city committee ? 

The Witness. The Republican city committee. 

Q. In ward 5?—A. In ward 5. 






604 


.TAGUE VS. FITZGERALD. 


Q. And John I. Fitzgerald, also, I presume, has given-A. Never has made 

a recommendation for any election officer in ward 5. 

Q. Isn’t he the chairman of the ward committee? —A. I do not know who is 
chairman of the Democratic ward committee. 

Q. Who handles the Democratic ward committee?—A. I do not know. 

Q. What?—A. I do not know who handles the Democratic ward committee. 

Q. If there is to he a Democrat to be appointed down there, who does make 
the recommendations to your board?—A. In my board the Democratic member 
makes the Democratic suggestion to him, 

Q. Has the Democratic member of the board told you who carries the sug 
gestion from Lomasney?—A. Never asked him. 

Q. There isn’t any Democratic member of the board now that was there two 
years ago, is there?—A, Two years ago? I think Mr. Murphy was there two 
years ago. i 

Q. How long has he been there? This board as it is constituted now is 
made up of recent appointments, outside of yourself?—A. Let me see, Mr. -- 

Q. Mr. Wasserman-A. Mr. Murphy took the place of Mr. Martin, who died, 

I think, and Mr. Wasserman took the place of Mr. Seiberlich. 

Q. Mr. Murphy is in there less than three years; that is true? Wasn’t Mr. 
Murphy ^suggested by Mr. Lomasney as a member of the board? Wasn’t he 
Lomasney’s man?—A. I do not know nothing about that. 

Q. You are in pretty close touch with Mr. Lomasney, aren’t you?—A. I do 
not know what you mean by “ close touch.” If you want to know if I have 
known Mr. Lomasney, I have known him almost since he was a boy, as I have 
known Mr. Tague almost since he was a boy. 

Mr. Callahan. And have known Mr. O’Connell a long time, haven’t you too*? 

The Witness. Oh, yes; I have known him for 25 years. 

Mr. Callahan. He gave you a very high recommendation to Congress one 
time. Read it for him some time. 

Mr. O’Connell. Let the judge read it. 

Q. How intimate are you with Mr. Lomasney?—A. Why, if Mr. Lomasney 
comes into the office, as any member of a political party comes in, and asks for 
any information he gets it. 

Q. Now, at the primary recount you were in communication with Mr 
Lomasney, were you not?—A. No, sir. 

Q. Did you write him any letters?—A. No, sir. 

Q. Send him any letters?—A. During the recount? 

Q. Yes the primary recount, now.—A. I do not remember any. I do not 
remember any. 

Q- say you did not?—A. I do not remember. 

Q. Mill you say you did not?—A. I think I could say ves. I did not, as far 
as I can remember. 


Q. At the ballot law commission didn’t you say vou didn’t?—A I think I 
did. If my testimony is that way, why, it stands. 

Mr. Callahan. I do not know what you are leading up to, but I hope we 
get down to the issue. 

Notary Mancovitz. A fishing expedition. 

The AVitness. I will say this, if Mr. Lomasney came into my office at the 
time of the recount and wanted some information, I would give it to him the 
same way I would give it to you or Mr. Tague. 

Q. AVell, I will ask you to-morrow morning to identifv some papers_A 

Y’'es. 


Q. (Continuing.) Which may possibly call upon you to retract what vou 
are saying.—A. I shall be pleased to. 

Q. Now, you were called upon this morning to testifv in regard to some 

booths, such as you described, are there within the 
City of Boston?—A. M^e do not use to-day, I do not think, more than two or 
three iron booths. One is used at the West End, the corner of Lowell and 
Willard, and one at the Charter Street lot of the paving department That is 

^ remember. If I had my book here, I could 

tell. I think we only use two or three Iron booths. 

i’'W “f showed us to-day only referred to 

those two/—A. \Ve have also- 

Mr. Callahan. Referred to booths. 

The Witness (continuing). Also wooden booths of the same arrangement on 
the inside as the iron booths. . & i. v 

Q. Please answer my question, and we will see about the rest of it—A. Yes. 







TAGUE VS. FITZGERALD. 


605 


Q. Now, the iron booth has two entrances?—A. Yes. 

Q. There is one entrance and one exit?—A, Yes. 

Q. Do you mean to tell this congressional committee that anybody could 
stand inside the iron booth at the exit in that particular precinct hi ward 
n*. speak about and see how the voter—see whether the yoter deposited 

IS ballot or not. A. I mean to say that a voter inside the voting booth at 
people stand on election day watching the election can see 
the ballots, and I qualihed my statement this morning by saying that I thought 
they might seen the act of a man putting a ballot in the box. 

^ Q. I am asking you not about anything else but this iron booth.—A. In the 
iron booth. I made that statement on the iron booth. 

Q. Is theie any place in the iron booth outside of the entrance where the 
man receives his ballot where anybody can stand?—A. Oh, yes. 

Q. Is there a place where anybody is allowed to stand?—A. Oh yes* 
certainly. ’ ’ 

Q. AVhere is it?—A. In the entrance, as you go in. 

Q. I said, aside from the entrance of it.—A. Outside of the booth or in the 
booth ? 


Q. Inside of the booth.—A. Oh, yes; plenty of room. 

Q Where inside of the iron booth?—A. You have that diagram I showed 
you. Right in this place here [indicating]. Here is the sidewalk and the 
entrance. 

Q. Yes.—A. In this space here [indicating]. This is the rail. 

Q. Yes.—A. The police officer stands in there, and people having voting lists, 
check lists, stand there; and a man can see from here [indicating]. 

Q. Ill other words, you are pointing—will you mark that “A” ?—A. This 
line, “A.” 

_ Q. You pointed right in here [indicating]. What is this thing?—A. This 
[indicating] was a place where people are allowed to stand from outside. 

Q. Now, then, mark over here—this is “ B.”—A. Yes. 

Q. That is the exit feature of it. Now, between “A” and “ B ” are the various 
officials connected with the election that goes on in that precinct sitting in 
that inclosure or standing?—A. Yes. 

Q. There are two men over here that you have designated. Here is this 
table here [indicating].—A. Yes. 

Q. And another table for other officers, and another one here [indicating], 
and here [indicating] is where the booth is, isn’t it?—A. No. 

Q. WTiere the election-A. Here is where the—there is a table there [indi¬ 

cating]. 

Q. That is a table for the man-A. With the voting lists, and here is the 

ballot box [indicating]. 

Q. A man comes out here and nobody allowed to stand, in other words, except 
at the entrance?—A. No. 

Q. So a man has to come around here [indicating] ?—A. He can look over here 
and see that. 

Q. He has got to look through these various people?—A. I said he could see the 
man. 


Q. There is a wire screen?—A. That is dropped at every election. 

Q. Well, wait a mintue. Have you been in this booth down at ward 5?—A. 
Not very lately. 

Q. No? Do you know whether there is a wire screen there or not?—A. I do 
not think the wire screen is there on election. If it is, it is there against any 
orders from the board. 

Q. When those iron booths were built and first used, there was an iron screen 
that went all around?—A. Never. Always here [indicating], only. 

Q. At the entrance?—A. It is caught in the top of the voting booth. It is 
dropped down. 

IMr. Callahan. A fine wire screen? 

Mr. O’Connell. About an inch wide? 

IMr. Callahan. About one-hundredth of an inch thick? 

Mr. O’Connell. Will you please let him do the testifying? 

The Witness. The wire is about that size [indicating] half way down the 
booth. 

Mr. O’Connell. When you get through, Mr. Callahan, I will resume. 

Mr. Callahan. Go ahead; go ahead. 

Mr. O’Connell. All right. 




606 


TAGUE VS. FITZGERALD. 


The Witness. I tliink I qiialilled my statement. There might be some people 
in the way, and I said the man could be seen in the act of putting his ballot in. 

Q. Now, how far is it from, say, the middle of that area “A” to this place here 
[indicating] in that iron booth?—A. I have to estimate it as well as I can. That 
is supposed to be about 6 by 7. It may be 5. The full length of that booth is 25 
or 7 feet. This room might be 12 feet square. That would be 12 and G is 18. 
It might be that. It might be 2 feet less than that. 

(}. In that area of 6 feet square you have described the place where, according 
to law, six men at least- 

Mr. Callahan. Doesn’t say 6 feet sciuare. 

The Witness. Twelve feet square. 

Q. iNIake it 12 feet square. In that area of 12 feet square-A. It is more 

than that, by the way. About 9 feet from there to there [indicating], I should 
say. 

Q. Now, in that area which you have pointed out here, in which the election 
officials are located in that iron booth, how far is it from that place where you 
have marked “A” to the spot marked “ B ” where the ballots are deposited?—A. I 
should say somewhere between 9 and 12 feet. Depends upon- 

Q. And in there are crowded the six or seven tables?—A. No; not seven tables, 
only three; only three tables. 

Q. Three tables. And what are these other things you have marked?—A. The 
ballots are on the tjibles. The voting box is on a stool, and here [indicating] is 
the voting lists on the table, with an upright tray. 

Q. Two tables? This [indicating] is a tabie, and there [indicating] is a 
♦^able?—A. Only three tables. 

Q. INIarked “tables” ?—A. I have marked them here [indicating]. 

Q. That [indicating] is a table, and that [indicating] is a table?—A. I do not 
think there are any more than three or four tables. I know not more than four. 

Q. That [indicating] is a stove. Do the policemen stand inside there?—A. No. 
Outside. The policemen outside. 

Q. Four tables, a stove, and two ballot boxes?—A. Not four tables. 

Q. You have two marked, and pointed out two others.—A. I drew that from 
plans that were made quite a few years ago. They had four tables there at that 
time. We have economized now and put three in. 

Q. When did you economize on that booth?—A. I can’t tell you. 

Q. Of course, it is perfectly possible for any man standing between this place 
you have marked “A” and the ballot box to obstruct the view of the man looking 
from the ]wiiit “A” and what is going on in the ballot box?—A. As I stated this 
morning, the only- 

Q. Can’t you answer that yes or no?—A. It might be possible for these two 
men to stand up and a man not be able to see a man putting the ballot in the 
box. 

(}. As a matter of fact, if the election officials did stand up—and they do stand 
up, do they-not?—A. Y'es. " . 

Q. When they are handling that box, then the man looking from over there 
[indicating] could not see, could he?—A. No; if he was in his way. 

Q. He would have to be in his way if he was performing his duty?—A. Some¬ 
times they sit down. 

Q. Could a man—didn’t you state a minute ago that the ballot box stands on 
a stand?—A. A little, low stool. 

Q. How high is the ballot box?—A. I should say the ballot box might be 
three feet and a half or four altogether, I guess. That is a fair estimate. 

Q. On top of the stand, would make it standing about 5 feet altogether?—A. 
I will answer it this way; I think the election commissioners stand more than 
they sit down. 

Q. In fact, if they sat down, they would be sitting below the top of the box 
where the crank is?—A. Some of them do that—some very old fellows. 

Q. Of course, the warden and clerk, if they desire to' obstruct, could easily 
stand in the way, and a man standing out here, as you have indicated, wouldn’t 
have a chance to see what took place at the ballot box?—A. I would rather an¬ 
swer that question in this way; If the warden and clerk stand up in the middle 
of that place, they could obstruct the sight of a man on the outside from seeing 
that box work. 

Q. There is no opportunity in that iron booth of anybody standing around 
here [indicating], near where the ballot is deposited?—A. Oh, no; not—about 
9 feet from it, as near as I can say. 






,TAGUE VS. FITZGERALD. 


607 


Q. With the wooden booth?—A. Yes. 

deposited ?s'nHe«rne^H^ '^!*‘P®»ited—the box in which the ballots are 

I I ^Sired IS placed neai the rail, where everybody can see?—A Yes vps • nnd 

(^liagrani that I have drawn the box is right within 2 feet of the 
rail; have the same way to go in and out. ® 

Q. In this precinct where the iron booth was used that is the nrecinot wlipra 
they ^^re using the emergency ballot box?-A. Yes sir Precinct x^heie 

called their attention to it, isn’t it?—A. If that was testi- 

be? th^'lncf TZ";’' “ to- All right; I do no" remem- 

oer me precinct. If that was the precinct- 

wlmr? tte'iron “ootTwi”’ Lowell and Willard Streets, 

emergency^liox ^ want.—A. I do not know anything about the 

Nn^’the street can see what is going on inside of that booth?-A. 
JNo, 1 do not think they can. 

stree/"^^^^^^' pi’ecinct or any other precinct?—A. Well, no; not in the 


Q. So, ^yhen you said in your answer to Mr. Callahan anybody in the street 
could sje It, you did not mean that?—A. I do not think I testified that 

^ Q. It you did say it, it isn’t right?—A. I did not mean to testify it, liecause 
the doors are closed. 


Q. Anybody who was a watcher and who was driven out on the street couldn’t 
see what was going on in the booth, could they?—A. No. 

Notary Mancovitz. Are there any windows'? 

The Witness. No windows a man can look in. 

IVIr. O’Connell. It isn’t up to you to ask questions. 

The M iTNEss (continuing). Inside the room and see what is going on in 
there. 


Q. Now, in answer to Mr. Callahan, yon said all actions in reference to what 
was done in reference to the counting of ballots, whatever action was taken by 
the board, and all things in connection with it, were taken in the presence of 
the attorneys. You did not mean that, did you?—A. I think generally; yes; we 
tried to have all those matters considered by the attorneys in our large office or 
ill the little room. 

Q. As a matter of fact, isn’t it true that the board made all its considerations 
and decisions in a private room, with the attorneys outside?—A. The board 
called the counsel in and made a decision. 

Q. Can’t you answer my question?—A. No; they made decisions there in 
their presence. 

Q. AVliy did you always insist on having the attorneys leave the room? 

Mr. Callahan. Now, what do you have reference to—the primary or the 
election ? 

Mr. O’Connell. Talking about the primary. 

The Witness. I can’t answer, except that the hoard were taking up the mat¬ 
ter of the ballots, and we called you in there to notify you of our decisions. 

Q. Didn’t you, as a matter of fact, begin a new policy last fall, and against 
our protest, of going into executive session over every ballot that I ques¬ 
tioned?—^A. No. 

Q. Didn’t you go into executive session and make your decisions in executive 
session, and then call us in and announce your decision?—iV. I do not think so 
in'every case; may have been some few cases. 

Q. Didn’t you, as a matter of fact, start right in after the third, ballot that 
was disputed and then decide every disputed ballot in executive session, and 
then call us in and notify us of the result of it?—A. No. Mr. O’Connell, you 
sat down at the table there and talked with the board about those ballots. You 
sat down there and talked with the board about our decisions on those ballots. 

Q. And then after that, didn’t you dismiss Mr. Miller and myself from the 
room against our protest, and go into session?—A. I do not remember that at all. 

Q. Y'ou don’t recall that?—A. I don’t recall that. 

Q. Do you recall my protesting about the executive sessions?—A. I do not 
recall that at all. 

Q. Wasn’t it as the result of our protests and the scandal connected with it 
that when it came to the recount on election day you changed back to the other 
custom?—A. I know of no scandal in connection with the recount in any way, 
shape, or manner. 



608 


TAGUE VS. FITZGERALD 


Q. Was there anything except scandal connected with it?—A. We did not 
make it. 

Q. As a matter of fact, isn’t it trne that whenever ballots were disputed Mr. 
INIiller and myself had to leave the room, and that during those disputes Mr. 
Murphy would leave the room and go into consultation with some of the lieu¬ 
tenants of Mr. John F. Fitzgerald and then come back, and the decisions would 
then he made?—A. Why don’t you call Mr. Murphy and have him testify to that? 

Q. I am asking you.—A. No ; I do not know that. 

Q. You know Mr. Murphy used to leave the room frequently?—A. I do not 
know anything about Mr. Murphy’s actions. 

Q. You were there?—A. Y^es. 

Q. Did you see him leave the room?—A. I do not know. 

Q. Did he leave the room?—A. I do not know. 

(}. Did he leave the room?—A. I do not know. 

Q. Could he have left the room without you knowing it?—A. He might. 

(}. It was a small room, about 10 by 12.—A. He might. I was a pretty busy 
man. 

Q. Do you recall you kept going into executive session and delaying the pro¬ 
ceedings, until finally Mr, Miller got disgusted with you and left the proceed¬ 
ings, Mr. Miller being attorney for John F. Fitzgerald?—A. Whatever I testi¬ 
fied to, Mr. O’Connell, stands. I have no change to make in my former testi¬ 
mony. 

Q. I am not asking you to change any former testimony. I am asking you a 
question about this.—A. We had numerous executive sessions, hut none at the 
time when the ballots were being counted, 

(y Isn’t it true you were accused by the attorney for Mr, Fitzgerald at that 
time of not knowing your own mind for a minute, and that you were receiving 
suggestions from elsewhere?—A. I did not hear that accusation at all. 

(y You say the police were not under your control. Isn’t it known to you 
that the police down in ward 5, as far as the elections are concerned, are under 
the control or domination of Mi-. Martin Lomasney?—A. I can’t answer that 
question, Mr. O’Connell. 

Q. Why can’t you answer?—A. I do not know, 

Q. I don’t blame you for laughing.—A. I don’t know. I don’t know. Ask 
]Mr. Lomasney, 

Q. Isn’t it a matter of common knowledge?—A, Ask Mr. Lomasney. I don’t 
know. He will tell you. 

Mr. Callahan. Curiously enough, he never asked him that. 

Q. I am asking you.—A. I do not know. 

Q. You are the witness.—A. I do not know. Ask the man who would know. 

Q. You ask me to ask Mr. Lomasney. Do you think Mr, Lomasney would 
admit it?—A. I do not know. Ask him. He will tell you the truth. 

Q. You said you took action on the list of illegal voters that were submitted 
to you by INIr. Tague on October 22. Did you call any of those witnesses— 
voters—before you?—A. I testified this morning- 

Q. Won’t you please answer my question?—A, No; we did not. 

Q. Did not call anybody?—A. No. 

Q. And did you call any of the people in the houses in which they were sup¬ 
posed to he registered before you?—A, No, sir. 

Did you call any witnesses of any kind?—A. No, 

Q. You had full power to call them if you wished, didn’t you?—A. We had 203 
complaints that were filed with our hoard on the 22d day of October. ' 

Q. Yes.—On the 24th of October we notified you we were ready to proceed. 

Q, Give us 15 minutes.—A. Y"ou said you could not come. 

Q. Wait a minute.^—^A. I am testifying now; please let me testify. 

Q. You are not answering the question.—A. I am trying to answer it in my 
own way. Lot me answer it in my own way. 

Q. You have already testified.—A. You have asked a quesfion. 

]\Ir. Callahan. Wait a while, Mr. Burlen. 

Q. Please answer the questions. 

Mr. Callahan. I sul)mit, Mr. Notary, that the witness be permtted to answer 
his questions. 

Notary Mancovitz. He is going to be permitted to nnswer the questions. 

Mr. Callahan. I think Mr. O’Connell is well qualified to ask questions and 
doesn’t need much assistance from Mr. Harrington or Mr. Goodwin. Answer 
the question, now, Mr. Burlen. 



TAGUE VS. FITZGERALD. 


609 


Go back and find out 


llie A\ iTNEss. The law provides -- 

Q. ^\lll you say yes or no, if you can?—A. I will explain The Hw nrn 
th- rtta-/ u" s^fMenri'c-n^^ and go into the ooinplaints, and, if satisfied 
aatistied and\‘ii.rnorr^.;!w'S;„;;';o:^es"^ "----’t 

Q. lou weren’t satisfied?—A. No. 

au?'khid?-A!‘'No!''‘' ■'■“'“•selves-did you call any witnesses of 

Q. \^•|lat investigation did you make, other tlian looking in tlie voting lists 
ot prior years and looking in the police lists of that vear in tlirsui ntoue tal 
registration in your office?-A. We had no evidence before us 
Ki. i)id jou make any other investigation?—A. No 
Q. Other than looking at those records in your office?—A. No. 

^ man who was illegally registered the year before or who was 
illega ly registering in the supplementary registration, and whose name was on 
Worn.'- investigated, simply because his name was on those lists ?-?\! 

e c aim that the \oting list of the year before was a proper one The names 
V ere returned by the police. names 

Q. Now, let us see. 

Mr. Callahan. Wait, wait. 

tinished ?—A. The names having been returned bv the police and 
found to he voters, we considered that list the proper one 

Q. Let me see In 1917 did the police make the listing?—A.' The police or the 
assessors, one of the two. i'uiiee oi rne 

O. hich is it? A. I think it was the assessors 
niade'it m!-! O'Coimelk " 

Q. What?—A. The police may have made it in 1917. I think they did. 
SoinetiniL^^^ ^ years ago, and you are familiar with the election laws.—A.. 

Q. It is your whole business, isn’t it?—A. Yes. 

\ ^ whether the police made the listing or the assessors'^_ 

A. I think the police made it in 1917. 

Q. Are you sure of that?—A. I think so ; yes. 

Q. Do you know when the change was made by which the police were relieved 

assessors?—A. I think two or three years ago. 

j-i • ’i ^ " ^ years ago, it would include 1917, wouldn’t it*^_A I 

think the police made the investigation in 1917. 

Q. That IS only year before last?—A. My records here show they made it so 
I guess they did. ^ 

^ Q. MTiat records have you got to show that?—A. Now, let us see I thought 
It was a notation on my slip of paper; but I am very positive the police made 
the listing of 1917. 

Q. Let me call your attention to the act of 1917, passed February 28 of that 
. j'ear.—A. When did it go into effect? 

Q. Go into effect at once.—A. Then- 

Q. “This act shall take effect on its passage.”—A. The police did make the 
listing in 1917, did they? ® 

Q. Look at the law. I will give you the law. After you have read the law 

probably you will he able to have your testimony in accordance with facts_A 

(AVitness examines pamphlet.) This law is of *1917. and I think by this law* 
IMr. O’Connell, that the jiolice made the investigation in 1917. ' 

Mr. O’CoNNrm. Well, I will offer the law, and then we won’t have anv ara-n- 
ment about it. Mark that, will you, please? " ^ 

(The pamphlet, containing chapter 179, General Acts of 1917, is admitted in 
evidence and marked “ Contestant’s Exhibit No. 114.”) 

Q. Now, then, you knew at that time, Mr. Burlen, that when you gave us 15 
minutes’ notice to proceed, that the hearing before the ballot law commission was 
then on, didn’t you? 


122575—19-39 v 






610 


TAGUE VS. FITZGERALD. 


iMr. Callahan. Now, wait. The letter shows and your answer shows very 
clearly that the hearing was not on. and yon—just wait a moment. (To IMr, 

Goodwin.) I don’t want to talk to yon at all. The letter shows very plainly- 

Mr. O’Connell. More speeches. 

IMr. Callahan. I know, but the letter shows- 

IMr. Goodwin. The letter takes care of itself. 

Mr. Callahan. I just want to say this: Mr. O’Connell’s letter shows very 
clearly that he begged otf that afternoon because he said he had a very important 
appointment. It wasn’t because he was before the ballot-law commission. You 
know that. 

Mr. O'Connell. The 4(‘tter speaks for itself, and doe.sn’t need any elaboration 
from 3 ’ou. 

Mr. Callahan. That is what it says. Having that in mind- 

Q. You knew Mr. Bnrlen, did you not^-A. Not from your statement in your 

letter. 

Q. Oh, well, read the letter again and then see if——A. Y"es. 

(j. (Continuing.) The hearing was not yet over, and that I hoped it would 
be over very soon. See if that is in the letter. 

A. (Reading:) “ Y"our notice, as delivered by Mr. IMahoney at 2 o’clock to-day, 
following your telephone communication of 15 minutes before, is duly acknowl¬ 
edged. 

“ I note that you state your board is willing to hear Ylr. Tague at 2.30 to-day, 
but, in the absence of IMr. Tague, whom I have not been able to reach on the 
phone, I am unable to state just when he will be ready to appear before you. 
Personally I will be unable to do so, because I am engaged this afternoon on an 
important matter that can not be put aside. 

“As you know, the hearing before the ballot-law commission is to be resumed 
to-morrow ”- 

Q, Go slow.—A. (Continues reading:) 

“As you know, the hearing before the ballot-law commission is to be resumed 
to-morrow at 10 o’clock for the final argument, and each side is limited to one 
hour and a quarter, and I am in hopes that we will be finished by 1 o’clock. 

“ I will api>ear before your board with Mr. Tague just as soon as we have 
finished there, and, to tlie best of my belief, we can be there at 2.30 to-morrow. 
Of course, you will appreciate that your notice v as very brief, and it is only on 
account of this fact that we haven’t been able to avail ourselves of tbe appoint¬ 
ment suggested by you.’’ 

Q. Don’t you know, then, as a matter of fact, that instead of finishing that 
afternoon, tbe next afternoon, as I had anticipated, the ballot-law commission 
continued the matter, and the arguments did not take place until four days after 
that, and that the whole matter wa^ not decided until four dyys subsequent to 
that? Don’t you know that as a matter of fact, and wasn’t it a matter of pubic 
knowledge and notice at the time? 

IMr. Callahan. If be knows. 

A. I dogiot remember that at all. 

Q. One question or two before I leave the subject go. You had received this 
petition on October 22, and on October 24 you gave me 15 minutes’ notice to come 
in and be heard. Do you think, as a ])ublic official, that that was fair treatment 

nr reasonable treatment?—A, IMr. O’Connell- 

Q. Can’t you answer that yes or no?—A. I don’t think if I only gave 15 
minutes’ notice it was time enough, but you had more than that. 

Q. Where?—A. At your office, by telephone. 

Q. Wasn’t that 15 minutes?—A. No; my dear man. 

(}. Doesn’t my letter say you telephoned me at 15 minutes of 2 to be ready at 
2 o’clock?—A. I did not telephone at 2. 

Q. When?—A. In the morning, sir. 

Q. Read the letter and see. 

Mr. Callahan. The letter has been read twice. 

' IMr. O’Connell. Let bim read it again. 

The Witness. You have asked me a question, and I have answered it, and I 
say you ought to have more than 15 minutes’ notice. 

(^. Were you taking orders or was it any suggestion from anybody outside of 
the board that made you give us what would be called unreasonable notice?— 
A. The first part of your question is insulting. The last part I will answer. 

Q. Go as far as you like.—A. We take orders from no one. 

i]. Was there any suggestion, was my question?—A. From no one. 








TAGUE VS. FITZGERALD. 


611 


-A. You 


had'twoT aVe'days-nofice'anrr™" ftl'at’- 
Q. When did thSeorrA ’Thfne^Xvl "" 

S wIlen^A ®?he next“<S““‘' "P »» you. 

Q- I am asking vo\?'it*vo?n*”ve!!“‘f tj'at?—A. Summons him. 

tinie prior to that‘letter?—A. I sfent 'a,,'to me at any 
Q. Are you sure of that?—A. Yes sir * uessage to you by Mr. Was'sermau. 

sage by Mr! ^Wl's.serman''*'’'^ ‘''at in your l)ook?—A. An oral mes- 

Q. D,,,vou keep a record of anvth^fg like tlm ^ allv_A m 

mons. Jlr. Wasserman ‘'^““‘"■“cation sent by a messenger, is it?—A. Sum- 
y^; ‘“at communication by virtue of any action of the board ?-A. 
Q. I« there any record of the action?—A Yo 

O ’ tluit IS good enough, 

wai tliere. He^wih tSt/fy ^ tha^ messages ?—A. I think Mr. Mahoney 

le«er'o^mu-'le'Ie7hone\‘™imunl^^^^^^^^^^ f*! ““'‘f « ‘‘ecord in vour 

body el.se to n.e?-^ ! k “ no record of having sent any- 

lA’K T.J WHO i w<is dealing with Air O’Pnfmoii 

O Do'lr 

uian prS'o^ to tharietL'o^ Xr^-^^Afto^ '' "^^^^^^^i^^tion V^AIr. Wasser- 

‘=HH sx"" 

got it. e • A. I do not know about the time you 

Q. that as the result of action by the hoard?—A. Yes 

(l. xla^e you any record of that action‘d—A Nn • t nr> fu* i i 

Q. Who is the secretary of your b,,ar,l?XA.‘i think Mridilimm'is® 

Q. Did he keep the records of the board?—A. Yes 

the records of the hoard here?—A No sir 
D. Did you get in touch with the police officers nf tha r? ^ 

prtlmnrZtim ns?ri?hr vo"''gerln‘{ou^lfih' tV>e 

Boston whose names_A. No ‘ ® assessors of the city of 

gotten ttfnZefanXnfthmn’mt^ whether-how they had 

Q. Did you call in the officials of your own office tr> finu nnf xyOiof • .e- 

flX l^'mX tXr-^' '''® «fflee"tt''sLX"arL!^^^^ 

'n examine any of the officials in your office who had anythino- to 

legi^tratioXr nS®"*"' ®' ‘''®*® eoncer^ing“ttat 

other words, you did not do a thing exc*ept look up lists and if von 
nw mV/”®, ®‘’ ‘”® •'^"ffleient fm- you?-A. As 'l stited in 

m.t letter hei-e, we gave it to our office foi-ce, and they went over it and tV„ d 
those men were properly on the list according to our i-ecords ' “ ^ 

g. The only investigation made was to find whether names were oil the list 
How they got on the list, who put them, whether they helongid /here or Vlt V, i' 
made no in\estigation, did you?—A. We investigated the legal renort of Vhp 
police listing, and the men were carried on that. ^ ' 

Q. Then the whole thing is this: You made no effort to inyestigate these 
charges, except to find out that the names were on the lists, as we L d^ffil you 
they were on the lists. That is true, isn’t it?—A. AVe save these lists of n,np« 
on thP and asked them to investigate as to whethei- those names were 

on the lists according to the records in the office. They reported they were 




612 


TAGUE VS. FITZGERALD. 


Q. In other words, all they did, was to verify what we had told you, that 
those names were on the voting lists, and no effort was made to find out whether 
they were illegally on the list as we charged, was there?—A. We did not have 
any evidence that they were illegally on the list, and you did not give us any 
evidence they were. 

Q. Did you seek any?—A. You made the charges. We did not make them. 
We were satisfied our lists were proper. 

Q. You have read the law wherein you had the right to summons?--A. Yes; 
after a hearing. If we were satisfied with the facts. We weren’t satisfied with 
the facts and did not summons them. 

Q. Why did you make the investigations you speak of?—A. My dear man, 
always on questions of that kind we make investigations where no evidence is 
presented hy the complainant. 

Q. All that that is is a verifica.tion of the charges made by us?—A. M e thought 
those 203 men had a right to go to the voting place on that day with a clean 
record, and we did our best to find it. 

Q. What did you do? If you call that your best, tell us the whole thing 
you did if that is what you call your best. I will give you the fullest oppor¬ 
tunity to describe to the committee everything you did, so that they may under¬ 
stand all that you did.—A. I will tell you what we did. 

Q. If that is what you call the best, I want Congress to know it.—A. I want 
them to know it. I will read you it. I say, Mr. O’Connell, this is already in 
evidence. It is just repetition. I can find the paper here in a minute, 

“ The board found that the persons complained of ’’^- 

Q. AVhat have you there? 

Mr. Callahan. Now, wait a while. 

The Witness. It is a memorandum of mine. 

]Mr, Callahan, Let him read. 

Q. Oh, when did you make it?—A. Made it somewhere about the 4th of 
November, 1918. 

Q. What did you make it for?—A. It is part of the record. 

Q. Record of what?—A. The election commissioners. 

Q. Part of your records now?—A. Y"es, sir. 

Q. Then, it isn’t a memorandum of your own?—A. It is a copy made by a 
clerk. 

(h How do, you know the clerk made a proper copy of it?—A, What is that? 
Q. Did you compare it with what was there?—A. I think it is a copy of the 
record. 

Q. Did you compare it, I am asking you?—A. The clerk compared it for me. 
Q. Then it is a memorandum made by somebody else and compared by him?— 
A. Y^es. 

Q. You do not know whether it is a copy or not?—A. I think it is correct, 

(5, You only think so. You haven’t compared it yourself?—A. I think it is 
correct. 

Q, You haven’t compared it yourself?—A. Do you want it? 

Q. Y^ou haven’t compared it yourself?—A, I think it is correct. 

Q. Oh, don’t you want to answer the question?—A. Yes; I think it is correct, 
(h I am asking you whether you compared it?—A. I think I did last Novem¬ 
ber. 

Q. When?—A. Last November, when I made it. 

Q. Are you sure you did?—A. Y"es; I think I did. 

, Q. All right, you think. Inasmuch as you are positive now you made it, 
you may go ahead and refer to it, but I warn you in reference to your earlier 
Wstimony about it—A. Yes, sir. The complaint—I will give you the whole of 
it now, 

Q. I asked you for all information.—A. (Reading:) 

“ Novembek 4, 1918. 

“ In board. All present. 

“ Complaint of Peter F. Tague against 203 registered voters of the city of 
Boston was tiled with the election commissioners on October 2%, 1918, at I..!.! 
p. m., in accordance with section .52 of chapter 835 of the acts of 1913. 

“ The board, under date of October 24, 1918, notified Hon. Peter F. Tague and 
his counsel, Hon. .Toseph F. O’Connell, by letter, a copy of which may be found 
in office copy book, at page 423, that they had set 2.30 p. m., October 24, 1918, 
to examine into such complaints, and received reply from Mr. O’Connell on 
October 24, 1918, that it would be impossible for him to appear. See his letter 
on file. 



TAGUE VS. FITZGERALD. 


613 



accordance with entry on the docket. 

list of 1917 and carrid to the^lOlS^dif either on the voting 

showed them to be April 1 re^^idents !fr tl^e listing hoard, which 

were -I'P'ementnry listed anj^-egisteVed acoTrcl'i^l^^rilv.-’ 

set) I'>‘*“se?-A, (Witness han.ls paper to eoun 

lastparTof'lt?^”" >» hei'^. “That the person” in the 

“Coiitestee4'''Sdbit'No.^Tk’^)^^ "(Imitted In evidence and marked, 

found'VilaJ/lL^^wr^m^ ‘J'f l«'rt of tins, “The board 

“'"i “f -t-o "foe“h:;k“7,ori"ii!4t “sUvi\^ 

Plementaily'listed aM .44Sw7ef 4c-coS'^ ""i''® "P’' 

ffto-Tfh4dL444slf th4m 4?r- 

- - oSto-itoirirp'^' 

the lists in your offlce?A 4 . Yes'‘“ tl‘om to be on 

Q. And that is all?—A. Yes. 

I counting that went on there went on in the room outside two roomsi 

c4i“fo b4to7e th™,connection with the contested baiiots that 
in the next room ’ ^ counting went on 

could It? I thought the secretary and clerk and Mr. Mahoney and 

... ■ ■""■'»"« 

Q. M here?—A. In the big room of the election board, 
of tin!ef counting in the big election room?—A. Lots 

coi^Ued?utfn'tl\';Lwk™om" ‘he six wards were 

ha^^s foe/we^rcZ^ted'ofosTdr"" ^ "->--1 say per- 

Q. M hat?—A. I think they were perhaps counted outside, 
onu'counted inside?-A. I do not think there were. The election 
a d the pi unary came pretty near together. I am liable to confuse the two. 

I think perhaps the six wards were counted outside in the election room 

though it may be one of the wards was counted in our own room. I can’t re¬ 
member. ^ 

Q. Now, are you positive that there was a recount*^ 

Mr. Callahan. That is absurd. 

A. That is another insulting question, Mr. O’Connell, and I am surprised at 
you as a reputable attorney asking a man that question. 

_ Q. Are you positive where that recount took place?—A.i That is another 
insulting question. • auuuiei 

Q. MTiere did it take place? I want to get this in.—A. In the rooms of the 
election commissioners at the city hall annex. 

(). M Inch room did it take place in?—A. The majority of it in the outside 
wm-xroom. There may have been one ward counter in tiie room of the board. 

Q. Is there any place wdiere a table could be counted in the morning in anv 
other room outside of that one?—A. Why, certainly. AVe could count it in 
our own room, in the room of the board. It is a large room, half as large as 
this room, almost. I have forgotten whether I detailed the six wards outside 
in the clerk’s rooms, or one rooiii inside. That is a mere matter of arrano-e- 
ment. " 

Q. I should say it was. Don’t you recall the arrangement?—A I have told 
you to the best of my recollection. . & . .l imxe toici 

_ Q. Don’t you recall the number of times Mr. O’Day came into you to briii" 
in requests from what was going on out in that big room and that you had to 


614 


TAGUE VS. FITZGERALD. 


go out there and straighten them out?—A. That would have been where they 
counted in our own room. He came in from the outside. 

Q. And going through, did you ever come across a table where they were 
recounting in tliat other room?—A. We have counted time and again in our 
own room. 

Q. I am talking about this time.—^A. Why, I think so. I think we had the 
six wards outside. We may have had a ward inside in our own room. 

Mr. O’Connell. If his memory is no better on everything else, I have a right 
to show, I have a right to show his memory is perfectly defective. 

Q. Now, I will ask you to reflect, when you made the order in the morning 
for the counting of those ballots, where did you make the statement as to 
what was to be done during that recount?—A. I think I made it outside in the 
clerk’s room. 

Q. Did you make any inside to anybody?—A. I may have. 

Q. Do you remember whether you did or not?—A. I may have done so. 
Quite a lot of things have happened since then and at that time. 

Redirect examination by Mr. Callahan : 

Q. All your work in the conduct of your office is regulated by statute?!—A. 
Yes. 

Q. And everything in the conduct of your office, whether it is the distribution 
of ballots, the counting of ballots, the appointment of men, and so forth, all is 
regulated by statute?—A. Yes. 

Q. Now, in this matter of the sending of the names from the secretary of 
state’s office, there was no statute that required you to mark those names off on 
the voting lists before the primaries?—A. No, sir. 

Q. Is that so?—A. No; no statute. • 

Q. And it wasn’t until after the primary that yon secured from the secretary 
of state a list of the names of men who had applied to vote under the absentee 
voting law?—A. Y>s. 

Q. Is that so?—A. Yes. 

Q. And when you did receive a list of the names of those men who applied to 
vote under the absentee’s law, you then placed that on the voting lists aside of 
their names?—A. l"es. 

Q. That was for the election?—A. Yes. 

Q. And that was what the statute called for, wasn’t it?—A. Y"es. 

Q. To enable the soldiers who were away to vote at election?—A. Yes. 

Mr. Callahan. That is all. 

Recross-examination by Mr. O’Connell : 

Q. But the list we have been speaking about that was sent by the secretary 
of state, those were lists that were sent to you in July and August, were they 
not?—A. Y^es. 

(i. Yes. And kept in the possession of your office for a week or more?—A. 
Some of them were kept two or three days. Some five or six days, and 
some seven or eight days. We were so very busy there we could not take care 
of them. 

Q. Nothing in the letter that says anything about absentee voters?—A. I read 
the letter here. 

Q. Don’t you know? I’ou have read it twice.—A. Nothing said in it about 
absentee voting. * 

Q. You said everything in your office is regulated by statute?—A. l"es. 

Q. Is that so?—A. Pretty nearly; yes. 

Q. And everything lived up to?—A. Well, we try to live up to the law, Mr. 
O’Connell. We try to. 

Q. I do not blame you for laughing at that. I am going to ask you this: 
Does the statute require when ballots are put into the vault that the vault is to 
be locked by one member of the Republican—one Republican member of the 
board and one Democratic member of the board?—A. No. 

(}. What does it require?—A. It requires their safe-keeping. Nothing said in 
regard to it except to put them away and keep them there. 

Q. Have you a rule in the board that the vault is not to be entered or opened 
or closed except by two members?—A. No. 

Q. One member of each opposing party?—A. Way back in 1900, when the 
board was established, first established, in 1895, when the board was first es¬ 
tablished, the members of the board at that time decided to have two locks on 
the safe, but we have no rule at all. 


TAGUE VS. FITZGERALD. 


615 


of that board, goin/hito\haf pyeveiit you, as a Republcan member 

in tlint vault w Sut « nttem I “ever have been 

Q. I tlicln't ash yon Safat aK'N^aur 
Q. I>on t get excited.—A. I am not getting excited. 




into 
If 

have/^'^'^ ^ known of other members of the board 
H' ) Leaving the combination 


-A. No, sir; I never 


o n?d'v”"V‘‘*''-* vonicrgiTlntoThat vmil«-A'' Xever 

Q. Did mhi hear about it when it took nlace bmt f-iiiv a 4 ‘ i i . 

it at all. puice last tall?—A. Never heard about 

o n!,‘!"v!,-nT H'ei-e alone?-A Never 

naHon so that Mr.'FhUga.; eo2‘grii^wL^e"!-t'waXl 

mony ' I may read papers. That Isn'i test!- 

Q. Did you ask your colleagues about it?—A Yes sir 
D. loll are chairman of the board?—A. Yes. 

n on?—A. Certainly, generally 

Q. Didn t you know that went on?—A. No; I didn't. 

J. n other words, it is possible for vour collea<>'ues on timi hnen-a i 

£r,;; 'Sr iS- 

Mr rfm vBrS "■*“'* took place at the hearing. 

11 . UALLAH.iN. In your previous question vou referred to two inobionto 

and “short whTl^ afo“''" ““'"■'S-nfter the primary hearing^ 

be?of Hm'boZ'i testimony of Mr. .Jacob IVasserman, a mem- 

“ Q. Your full name?—A. Jacob Wasserman. 

“Q. One of the” - 

^ que.stion about it. 

Boston?—T^Tam^ election commissioners of the city of 

«< Republican commissioners?—A. Exactly 

u H’ Republican, combination of the safe *^—4 Yes 

a few nUnutZpa.st‘3?ZA.’ No."' hearing this afternoon at 

ferent ocZsions':’''' ^ f'-'ir dlf- 

o’dodZ"’“ ‘‘’■■’ee noon time, around 2 

“ Q. hat time at 2 o’clock were you here?—A. Around ^ 

“ Q. And then where did you go to?—A. I went* to mv office 
‘ Q. And you did not go to the vault with Mr. Finnigan from 2 o’clock on, did 

A S' down to the vault since you came back to the room*?_ 

A. Since when? 

“ (}. Since you came back from going to your office?—A. No 

“Q. Republican Commissioner Burlen is'not present, is*he?—A I do not see 
him here. _ ‘ 

uS' keen present all day?—A. I haven’t seen him. I do not know. 

, 44 * , know you are the only Republican commissioner present 

at this hearing?—A. I am now. 

‘‘ Q. AMien did you swing the combination of that vault back?—A. Back*? 

“ Q. AVhen did you touch the combination of that vault this afternoon*?— 
A. I did not touch it this afternoon. 

" V' afternoon? AVhen did you touch that combina¬ 

tion?—A. This morning. 

‘‘ Q- At what time?—A. About half past 9. 

“ Q. And since that time you haven’t been to the vault?—A. I have. 





616 


TAGUE VS. FITZGERALD. 


“ Q. When?—A. Since that time. 

“ Q. For what purpose?—A. For the purpose of watching it being opened. 

“ (}. Has the vault been closed since?—A. It has been shut. My combination 

was left unlocked. ’ _ . , ^ 

“ Q. Your combination was left unlocked so that Mr. Finnigan was aole to 
go down to the vault without your being present, as the result of your having 
left that combination unlocked?—A. Yes. 

“ Q. Any time from 9 o’clock up to the present time?—A. Any time from 
half past *9 up to the present time. 

“ Q. Did you put the combination on last night?—A. I believe I did. 

“ Q. Are you sure?—A. Fairly sure. 

“ Now, reflect.—A. I have reflected. 

“ Q. Wlmt time did you put it on?—A. ]My recollection is that it was put on 
around half past 5. 

“ Q. You are not sure of that, are you?—A. That is my best recollection. 

“ Q. Would it surprise you to know you did not put it on after Commis¬ 
sioner Finnigan’s putting it on last night?—A. It would surprise me; yes.” 

Now the testimony of Mr. Finnigan. He testifled and said he went "there 
alone. 

Mr. Callahan. Pleose note my objection to all of this. 

Nottfry Muscovitz. Your objection noted. 

Mr. Callahan. It isn’t to contradict any testimony by the present witness. 

“ By Mr. O’Connell : 

“ Q. Mr. Finigan, where did you get these ballots that were just brought into 
the room now for these wards?—A. Out of the vault. 

“ Q. How did you get into the vault?—A. By opening the safe. 

“ Q. Y^ou were alone when you opened it, were you not?—A. Yes, sir. 

“ Q. No Republican commissioner was with you?—A. Yes. 

“ Q. Who was?—A. .lust previous. 

“ Q. Who?—A. .lust previous. 

“ Q. Where was he?—A. AVhy, he wasn’t right there at the safe, but he had 
thrown his combination so I could have got right in. 

“ Q. Then the combination had been thrown over previously to that, and you 
went down and got these ballots without his presence?—A. No. 

” Q. AVell, he wasn’t there?—^A. No; it wasn’t necessary. 

“ Q. He wasn’t there?—A. No. 

“ Q. In other words, you were able to get into the vault—wait a minute, 
please, so I may get this on the record—you were able to get into the vault 
since 2 o’clock without the presence of any Republican commissioner. That 
is true?—A. No. 

” Q. Was there any Republican commissioner present?—A. Yes. 

“ Q. AATiere?—A. Right there. 

“ Q. Who was it?—A. Mr. Wasserman. 

“ (h All right. Was he present when you were down there?—A. Yes.” 

A. I haven’t any change to make in my testimony. 

Q. So that from the testimony of IMr. AVasserman and Mr. Finigan that 
vault was opened from half-past 9 in the morning, allowing Mr. Finigan to go 
down there at any time during that day? 

Mr. Callahan. You don’t need to answer that question, Mr. Burlen. 

Q. Did you know that condition to have existed prior to this?—A. No. If I 
had known it, I would have been perfectly willing to trust them. 

Q. I beg your pardon?—A. If I had known it, I would have been perfectly 
willing to trust them. 

Q. I am not asking you that, sir.—A. I want to interject it into my testimony. 

Mr. Callahan. This whole thing about the vault is only camouflage. 

Q. AATiat is the necessity, then, of having two combinations if you have such 
implicit trust in your fellow commissioners?—A. It was one of those old rules 
that came down from an old l)oard and we continued it, and I have always 
insisted that- 

Q. Didn’t you tell at the ballot-law commission that was one of the reasons 
they should have confidence in what they did because no one man could go in 
that vault?—A, I do not remember saying that. 

Q. Did you so report to Mayor Petei’s when he asked you to rej^ort on what 
precautions were being taken?—A. I do not remember saying that to him. 

Mr. O’Connell. That is all. 

Mr. Callahan. That is all. 

(Short recess.) 



TAGUE VS. FITZGERALD. 


617 


Redirect examination by INIr. Callahan : 

Q. Tins [indicatins;! is a report by yonr commission, INIr. Rnrlen? 

]\Tr. O’Connell. AVill yon a;^Tee with ns. and we will admit iC^ 

IMr. Callahan. If yon want to. 

IMr. Harrington. What year? 

IMr. ( ALLAHAN. Want to admit it. and we will refer to it later. 

commission's report, 1918, is admitted in evidence and marked 
Contestee’s Exhibit No. 16.”) 

Q. Besides beint; appointed by the mayor to serve on this commission, each 
commissioner must be certified by the State board of civil-service commis¬ 
sioners?—A. Yes, sir. 

Q. And the civil-service commissipn is a board appointed bv the governor of 
Alassachnsetts?—A. Yes. 

(). Now, when IMr. O’Connell was a candidate tor Congress, and his election 
was contested, yon were then a member of the election commission?—A. I was. 

Q. Which counted and recounted the ballots in that case?—A. Yes sir. 

IMr. Callahan. That is all. 

Melancthon W. Burlen. 

Wr. FREDERICK A. FINIGAN sworn : 

By Mr. Callahan : 

Q. hat is yonr name?—A. Frederick A. Finigan. 

Q. And yon are an election commissio:ier in the citv of Boston?—A. So 
appointed. 

Q. Yon are an election commissioner in the city of Boston?—A. Y'es, sir. 

Q. And for how long, iMr. Finigan?—A. Since the 16th day of April, 1918. 

Q. l^on were appointed by Mayor Peters?—A. Yes, sir. 

Q. And subsequently contirmed by the civil service commission of Massa¬ 
chusetts?—A. Yes, sir. 

Q. And yon have had considerable political experience, Mr, Finigan?—A. 
Some. 

Q. YMu have been in the city council?—A. Y^'es, sir. 

Q. And before being elected a commissioner yon were a clerk in the munici¬ 
pal court. Is that so?—A. For five years. 

Q. Now, it has been testified, IMr. Finigan, by Mr. Tagne, I believe, that on 
one occasion when a question came np about—on one occasion Mr. Tagne says 
that in deciding a vote that was questioned- 

Mr. O’Connell. M"hat page are yon testifying from? 

Q. (Continuing.) You made this statement: “Yes; I know I have made a 
mistake. I know I am wrong, and I am going to stay wrong.” Do you recall 
making such a statement as that, Mr. Finigan?—A. That is a part of the 
statement I made. 

Q. AATll yon tell ns what statement yon did actually make at that time?— 
A. I was taken to task by Mr. O’Connell, the attorney, for ruling, as he said, 
wrongly on a certain matter, and I said to Mr. O’Connell, “ I am wrong. I am 
satisfied to be wrong, and I hope to remain wrong if yon the judge.” 

Q. Now. will yon tell ns the circumstances, please, that led np to that 
remark? First of all, was this at a recount of the primary or recount of the 
election?—A. This was at the primary. 

Q. The recount of the primary. Now, will yon please tell ns about tbe cir¬ 
cumstances that led np to that remark?—A. To the best of my recollection, it 
happened at a time when a question was raised as to the parties contesting, or 
those interested. I might say, of looking over the descriptive list. It was ruled 
by the board that certain parts of that list were not to be seen, as it was against 
the rules of the board and the law to do so. The tables were so arranged that 
the parties interested could easily see anything, which, in the opinion of the 
board, they wished to determine—was exposed to their view—when one of the 
])arties interested came around on the side occupied by tbe members of the 
board. I asked the gentleman to step on the other side of the table, and he 
refused to do so, and what I said to him caused Mr. O’Connell to say that I 
had ruled wrongly, and at that time I told him if I was wrong I was satisfied 
to be wrong, and hoped I would stay wrong if he was the judge. 

‘ Q. Now, do you know who was that person?—A. I know the party; yes. 

Q. Did you have any particular reason for saying that?—A. Well, owing to 
the manner in which the recount was proceeding and the various questions that 
were raised from time to time and the general conduct of it, I thought that one 



618 


TAGUB VS. FITZGERALD. 


could, not be any too cautious. I knew that there wouldn’t be anything in the 
nature of a fair result were it possible for anybody who might slide their 
hands in among the various exhibits on the table, and possibly one of them 
might be missing at the end of the hearing, and I wasn’t taking any chances 
with the particular gentleman I had reference to at that time. 

Q. Was there anything that you knew about him that led you to believe 
that he might do that?—A. Why, I had possible reasons which*! had learned 
in politics that sometimes men are very desperate and might take a chance. 

Q. Did you have any particular reason for believing that that particular 
man vould do that? A. Nothing but what, in my judgment, would^—my own 
personal judgment would lead me to say, “ Be careful; be cautious.” 

(h Aie you willing to give that man’s name?—A. The gentleman’s name is 
Flynn. 

Q. Do you know his first name?—A. I couldn’t tell his first name. 

Q. Was he one of the watchers for Mr. Tague?—A. At that time, to all 
appearances, very much interested. 

Mr. Callahan. That is all. 


Cross-examination by Mr. O’Connell: 

Q. Now, just a second. You were an assistant of Mr. William F. Donovan 
up in the municipal court of the city of Boston?—A. Was an assistant clerk of 
the municipal court, civil. 

Q. You were appointed as the result of your friendship with Martin M. 
Lomsney?—A. Under no consideration. 

Q. Donovan was Mr. Lomasney’s particular friend?—A. I know nothing at 
all about his relationshi]) or friendship. 

Q* You lesigned that office to become one of Mr. Peters’s campaign man¬ 
agers—A. I did. 

C^. And in reward for your services in the campaign for Mr. Peters Mr. 

Peters appointed you election commissioner of the city of Boston?_A. I was* 

appointed election commissioner of the city of Boston. 

And \eij shoitly after Mr. Peters became mayor?—A. At the exiiiration 
of Mr. Twomey’s term. 

Q. How long after Mr. Peters took his office did you get your office?_A. The 

office, by tenor of office, expired on April 1, and I took office the 16th of April 

Q. Mr. Peters took office about the 16th of Februarv?—A. About the 1st dav 
of February. 

Q. Wasn’t it the 13th? 

]\Ir. Callahan. It was the 1st. 


No. 

know 


that?—A. I 


Mr. Hareington. The first Monday. 

two months—certainly less than three months— 
after Mr I eters was in office you were given this office. One of Mr. Peters’s 

l)rincipal supporters for election was Mr. Lomasnev. Tliat is true isn’t if?_A 

I couldn’t say. * > . . 

Q. Don’t you know?—A. No. 

Q. Don’t you know that Mr. Lomasney supported him?—A. 

Q. You were one of the campaign managers and did not' 
was one of them. 

Q. Don’t you know that Mr. Lomasney delivered his ward 
A. I know nothing about Lomasney or his politics. 

Q. You were electiQii commissioner in the city of Boston?_A. Yes 

Daliotl'in the wn™r' ^ kno«-'that Mr. Lomasney'east all the 

Q. As a matter of fact, as campaign manager, do you know anything’—A 
Not much, according to you. ‘ ^ 

to voirasking you to testify for yourself.—A. I say not much, according 


over to Peters?— 


(L Duiin.a that campaign were you so unfamiliar with what was going on 
that you did not—that you did not know about Mr. Lomasnev’^—4 Yes 
(>. l\ere you in Boston?—A. YT\s. . • - • 

Q. Now, Mr. Finigan, do you. recall that when—let me refresh your recollec- 
tioig If I can, to show you that your impression of what took place is wrong. 
As a mattei of fact, when you made that statement concerning your bein'>- 
wrong and staying ivrong, glad you were wrong, ivas not that as tlie result of 

Tlo.t D Ivh ri? (losignation of those who had voted at the primarV?—A. 

1 hat IS what 1 testified to. . . 


TAGUE VS. FITZGERALD. 


619 


1 / i attempting- to tiiul out liow many 

. been cast at that primary—precinct, were we not?— 

.^’our object on that side of the table. 

m..,Hr v lLt^LT T «'«“> HI> fur if it wMsn't to find out the Demo- 

time ^ ^ ot»ject on the position yon held at the 

\ ^''’\^^‘!^‘/'^connt in reference to the Democratic votes cast at the 

piimar.\ i —A. Absolutely. 

hnd'out the number of those who had been checked 
olf on the lists fis Democrats?—A. Absolutely. 

being the fact you had covered up the list, so it was im- 
pos^ble to discover the names of those who did vote and who were designated 
as Democrats.—A I didn t rule against any action on your part. It was the 
position of this other man that came around the other side. 

, T ^ protest about rhat that led to this decision by you, 

ii^terrupting your scrutiny of such a book as is in 
question here that this remark resulted from by one of your assistants coming 
on the other side. 

Q. You* insisted—when we were getting the names you insisted on taking 
a piece ot paper and placing it down on the list that had the designation 
’—4- ^ engage in anything of the kind. 

(j. Did you take a piece of paper and put it along there?—A. I did not. 

Q. ho did?—A. I do not remember. 

Q. You did see it done?—A. I did not. 

Q. AVas not the list of voters which was designated on the book bv the 
printed words “ Dem.” and “ Kep.” covered .over, so we could not see it?— 
A. les. 

Q. AA asn’t that the thing that was protested about?—A. No, sir. 

Q. Do you recall Mr. Harrington stepping around there?—A. Mr. Harrington 
wasn’t the gentleman. 

Q. Do you recall saying Mr. Harrington couldn’t see them?—A. No, I 
do not. 

Q. Do you recall Mr. Harrington being there?—A. I remember him being 
m the room. 

Q. Yes. Do you recall him saying, “ Fred, you are wrong”?—^A. No. 

Q. Do you recall saying to him, ” AVell, it don't make any difference. I have 
made the statement, and it is going to go ”?—A. No; I do not remember making 
that. I might have made it, though. 

Q. That was in answer to his protest asking you to withdraw what you had 
said?—A. No: that was in answer to your protest that I was wrong. 

Q. And following up the conversation you have testified to?—A. Yes. 

Q. Didn’t Mr. AA^hiteside render a decision subsequent that we were entitled 
to see everything that was there? 

Mr. Callahan. AVait, wait. I suppose ]Mr. AA^hiteside- 

Mr. O’Connell. Pardon me. Let me withdraw that and frame it in a different 
way. 

Q.^ Didn’t Mr. AAdiiteside, corporation counsel for the city of Boston, send an 
opinion to your board stating in the opinion that- 

]Mr. Callahan, I suppose the opinion- 

Q. (Continuing) AA"e were entitled to see everything that was there?—A. 
Not to any inquiry of mine. You were getting that all the time. It wasn’t 
necessary for Mr. Whiteside to give us the opinion. 

Q. Didn’t Mr. AA'hiteside do so?—A. Not to mv knowledge; no. 

Q. AVhat?—A. No. 

Q. Have you got the opinion signed by Mr. AA^hiteside?—A. No. 

Q. I will call your attention to the fact, to the opinion rendered by Mr. AATiite- 
side.—A. Not to any inquiry of mine. 

Q. I am not talking about any inquiry of yours, sir.—A. I thought you were. 
I thought I was testifying. 

Q. It was an inquiry of the board. You know the board got an opinion from 
Mr. AA'hiteside, don’t you, at the time of the recount of that primary vote?— A. 
Ye.s, sir. 

Q. In that opinion which you got you, as a member of the board, were told 
that Mr. Tague was entitled to see all the papers that were there, of all kinds, 
were you not?—A. I won’t say yes. I don’t remember. 





620 


TAGUE VS. FITZGERALD. 


Q. And let me call your attention to this: 

“ City of Boston, Law Department, 

“ October 2, 1918. 


“ Board of Election Commissioners, City Hall, Boston. 


“ Gentlemen : I understand that you desire my opinion on the following 
points: 

“ 1. Can the voting lists as provided for by the statutes of 1913, chapter 835, 
section 85, be opened, examined, and inspected by the board? 

“2. Are clerks’ records and official returns open to public inspection? 

“3. On a recount, has the board the right to open and examine ballots not 
cast? 

I should answer these questions as follows: 

“ 1. I should answer question 1 in the affirmative. The voting lists might con¬ 
tain niatter pertaining to the votes cast for the respective contesting parties, and 
material on the question of recount. Therefore I believe the board has the 
pov er to examine these lists. If it is to do so, I think, in order to satisfy all 
parties, that the recount is conducted with absolute fairness, there is no objec¬ 
tion to allowing the contesting parties make such reasonabie inspection as 
they may wish of these voting lists while the board itself or its agent is exam- 
ing them.” 

5 oil are familiar with that opinion, are you not?—A. I am, since you read it; 
but it was of such small importance I did not take any notice of it at the time. 

Q. Lou did not think it was worthy of notice at the time?—A. I wasn’t stand¬ 
ing on his opinion in any matters pertaining to recounts. I had my own. 

Q. Vou are not a member of the bar?—A. No. Thank the Lord, in some cases. 

Q. You had no experience as an election commissioner up to April, prior to 
that September, had you?—A. No. 

Q. And, as a niatter of fact, this was the first contested-election case you ever 
sat on?—A. No; I took up that book of yours there that I had read "through 
thoroughly. I was quite familiar with contested cases. 

Q. It was the first contested-election case or first I’ecount that had ever come 
under your jurisdiction as an election commissioner?—A. Jurisdiction yes* but 
not observation. ’ ’ 

Q. But it was the first one you participated in as an election commissioner*?_ 

A. Yes. 

Q. And although it was your first one, you still paid no attention to the opinion 
of the corporation counsel?—A. No; because he never had any. 

Q. And was it because you felt that the corporation counsel, INIr Whiteside 
had no experience as an election official that -you decided you would disregard 
his opinion? A. I felt satisfied with my own in the case. I was an election 
commissioner. 

Q. Did you participate in the vote of the board which called upon him to 
answer those questions?—A. I perhaps did. 

Q. Then did you participate in asking him to answer a question which was 
submitted to him in his official capacity and coming from your board in its official 
capacity? Was there any reason why you should not have paid attention to the 
opinion which he rendered to you?—A. Only in so far as I knew it was con¬ 
firming what we were already doing. 

Q. In other words, if he would agree with you, vou would follow it but if 
he disagreed with you, you wouldn’t follow it?—A. We should have’ to o-pt 
further into the merits of the situation ; yes. 

Mr. O’Connell. I think that is all, Mr. Finigan. 


Redirect examination by Mr. Callahan : 

Q. Now, by ‘‘ looking further into the merits,” you mean you would have to 
call in the chief justice of the court to proceed with your board?—A. Absolutelv 
Q. There is a statute that provides that if there is a question in dispute a 
question i-egardiiiR any ballots, tliat the chief justice comes In as the 
fifth and deciding member of the board?—A, Any question that arises in the 


Q. Now, I understand at the time this remark was made IMr 
had no objection to either Mr. Tague or Mr. O’Connell making 


Finigan, you 
examinations 


TAGUE VS. FITZGERALD. 621 

there, but you did have objection, or you did object to this particular person?— 
A. Yes, sir. 

(). And your remark applied simply to him and his conduct?—A. It did. 

Kecross-examination by Mr. O’Connell : 

Q. Didn’t you, as a matter of fact, JMr. Pinipui, take a piece of paper when 
I was examining’ that list and slam it down and cover the words “ Dem. ” and 
“Rep.”?—A. No. 

(j. What?—A. No. 

Q. Mill you state anybody else did it?—A. No; I won’t state anybodv else 
did it, but I didn’t. 

Q. Do you recall seeing it done?—A. I do not. 

Q. Do you recall that words “ Dem. ” and “ Rep.” were covered?—A. I would 
say that they should he, and I believe they were. 

Q. Aren’t you the man who did this?—A. No; I am not. 

Mr. Callahan. That is all. That is all for to-day 

Notary Mancovitz. We will adjourn until to-morrow morning at 11 o’clock. 
(Adjourned until 11 a. m., Thursday, April 3, 1919.) 

I, David Mancovitz, of Boston, county of Suffolk, Commonwealth of IMassa- 
chusetts, a notary public duly commissioned under the laws of the Common¬ 
wealth of Massachusetts, hereby certify that the testimony herein contained of 
Patrick F. Goggin, Timothy P. Manning, Martin J. Turnbull, Frederick H. 
Pingree, IVilliam Taylor, Catherine T. Tague, Charles L. Burrill, Bernard J. 
Rothwell, Herhery H. Boynton, Jacob 'Wassernian, and Joseph L. Kane, who 
personally appeared before me and under oath gave testimony for the contestee 
in the contested-election case between Peter F. Tague, contestant, and John F. 
Fitzgerald, contestee, in the tenth Massachusetts congressional district, is a 
true transcript of the testimony taken before me on the 7th day of March, A. D. 
1919, and on the 3d, 4th, 8th, and 15th days of April, A. D. 19i9. 

[seal.] David Mancovitz, 

Notary PuMic. 

March 7, 1919. 

Hearing held in room 443, Federal Building, Boston, Mass., March 7, 1919, 
at 10 a. m., before David Mancovitz, Esq., presiding, and Abraham C. Berman, 
Esq., as notaries public. 

Counsel: Joseph P. O’Connell, Esq., and Arthur Harrington, Esq., for the 
petitioner; John P. Feeney, Esq., and Timothy F. Callahan, Esq., for the 
respondent. 

Notary Mancovitz. Are counsel ready to proceed in the hearing, IMr. Feeney? 
INIr. Feeney. Mr. Chairman, on the 21st day of February, 1919, the following 
notice was served upon Hon. Peter F. Tague by a deputy sheriff: 

Boston, February 21, 1919. 

Hon. Peter F. Tague, 

21 Monument Square, Charlestown, Mass. 

Dear Sir : Please take notice that Congressman-elect John F. Fitzgerald 
will begin the taking of testimony in answer to your petition of contest on 
Friday, March 7, 1919, at 10 a. ni., in room 395, Federal Building, Boston. 

This notic*e is given you so that you may he present if you desire at the 
taking of said testimony at the s^hl time and place. 

Timothy F. Callahan, 
Attorney for John F. Fitzgerald. 

A true copy. Attest: 

Daniel A. AVhelton, 

Deputy Sheriff. 

The return upon the same is as follows: 

Boston, February 21, 1919. 

Suffolk, ss: 

I this day served the within notice upon the within named Hon. Peter F. 
Tague, by leaving at his last and usual place of abode, viz. No. 21 Monument 
Square, Charlestown district, Boston, the original notice, qf which the within 
is a true and attested copy. 

Pees: Service, $1; copy. $0.50; travel, $0.30—$1.80. 

Daniel A. IVhelton, deputy sheriff. 


622 


TAGUE VS. Jb’ITZGERALD. 


I offer this. 

Notary Mancovitz. Tliis may be marked as an exhibit. 
iNir. Fep:ney ((‘oiitiniiing). In evidence. 

(The notice, dated Boston, February 21, 1919, from Timotliy F. Callahan, 
Fsq., to Hon. Peter F, Tagiie, is admitted in evidence and marked “ Contest''e’s 
Exhibit No, F”) 

I\rr. Feeney. INIr. Chairman, on IMarch 6. 1919, the following notice was 
si'rved upon Joseph F. O’Connell, Esq., attorney for Peter F. Tague, and the 
same was accepted, 1 will now read you the notice : 

-r _ Boston, March 6, 1919. 

.Toseph F. O’Connell, Esq., 

Attorney for Peter F. Taauc, Boston, Mass. 

Dear Sir: Pursuant to notice served on Peter F. Tague on February 21, 
1919, notifying liim that we wo’dd begin the taking of testimony in l)ehalf of 
('ongres;sman John F. Fitzgerald on Friday, March 7, 1919, we hereby further 
notify you that at the hearing to-morrow, Friday, March 7, 1919 at 10 a m at 
room 443 Federal Building, Boston, Hon. Martin M. Lomasney will testifv ’’ 
Yours, truly, . " 

Timothy F. Callahan, 
Vincent Brogna, 

Attorneys for John F. Fitzgerald. 

Upon the hack the following appears: “Service of within notice herehv ac¬ 
cepted, JMar. 6, 1919, 10.55 a. m. .Toseph F. C’Connell.” 
evidently being the time when they accepted service. 

Notary Mancovitz. IMark it “Exhibit 2.” 

INIr. Feeney. I offer that notice in evidence. 

(The notice, dated Boston, March 0, 1919, of Timothv F. Callahan Esq and 
\mcent Brogna, Esq., to .Joseph F. O’Connell, Esq., admitted in evidence and 
marked Contestee’s Exhibit No. 2.’’) 

I\Ir. O Connell, I want to call attention to the fact that we enter our protest 
against this notice, that it is not sufficient as required by law. and we are 
doing this simply because the other side have at all times inteijected all kinds 
of technical objections, and in order that the record mav appear clear I make 
that statement at the present time. 

NTitiiry Mancovitz. Your objection is noted. Have you made a statement or 
objection? 

Mr. O’Connell. I am making an objection and a statement of the ob¬ 
jection. 

Notary Mancovitz. The objection will be noted 

Mr. Feeney. In view of the objection that has been made, but more particu¬ 
larly because of other matters, I desire to say that IMr. Lomasnev is here at 
the present time willing to testify. His examination indirect will take some 
tune, and I have every reason to anticipate that cross-examination will take 
further time. I will be unable to be here to-day after half past 11 Therefore 
I now serve upon my brother, Joseph F. O’Connell, the following notice: ’ 

Joseph F. O'Connei.l, Esq., 

Attorney for Peter F. Tague, Boston, Mass. 

Dear Sir: We beg to inform you that testimonv in behalf of 
John F. Fitzgerald will be taken on March 10, 1919, at 10 a m 
Federal Building. Boston. 

The Hon. IMartin M. Lomasney will testify. 

Yours, truly, 

.John P, Feeney, 

Timothy F. Callahan, 
Vincent Brogna, 

Attorneys for John F. Fitzgerald. 

Now. Mr. Ohoinnan, in I)ehnlf of .Toliu F. Fitzgerald. I move that the he-irlin. 
adjourn until Monday morning at 10 o’clock , caiin^ 

Nbitary Mancovitz. The motion is granted.' I might sav this that in the 
fu lire all hearings will be held in public, so that the public can have an on 
poitunitj of healing and seeing what is going on, and I will ask counsel to 
conhne themselves as near as possible to legal procedure. I intend to conduct 
these hearings with some form of legal procedure. ^ conduct 


Congressman 
in room 443, 


TAGUE VS. FITZGERA1.D. 


623 


Mr. Feeney. Now, l:»efore the hearing is formally closed, I ask to have made 

■tliaH now offerin'evUncl”*^ ^ O’Connell 

“ Coiitestee’s Exhibit No 3” 

(Ihe letter, dated Boston, March 7. 1919, from Messrs Feenev Callahan 

eWde.fe;^an?eS 

o'.il'o'’crin tl,i^ rZ™\RLom'‘l43)"^ Monday morning at 10 

(Hearing is adjourned to Alonday, Alarch 10, 1919, at 10 a. m.) 

n, , April 3, 1919. 

Tliu?^dav“‘'-Vnril :f loin 1^’’ Building, Boston, Mass., 

t r- in m V' Po -md® p’.n f ’ ni. before David Jlaneovitz, Esq., presiding; 
^-vnianam l. Beiman, Esq., notary, not present. 

Counsel : Josepli F. O’Connell, Esq., and Arthur Harrington Esq for tlie 

testee " ’ ■ ’ “’"1” Timothy P. Callalian! Esi, for the eon- 

liearilif'^^^'^”''''' *''® ''‘® ^or to-day’s 

JosKPH F. O’CoNNEt.n, Esq., 

Attorney nml Ayent tor Peter F. Tanue, Boston, Mass 

and Frida^' I’.wiru‘“‘^ 10 ”“.''? ‘I”'* Thursday, April 3, at 11 o’clock a. m., 
and liidaj, Apiil 4, at 10 o clock a. m., we shall examine the followino- wit 

FlSralf "lecUon; Mancovitz, notary public, in tlie matter of the Tagt.e- 

'Fhiii H. Baclais, Benjamin .J. Scully, Christopher Gilhoni, Charles A Ban- 
Asa i> Barket " ’ Thomas J. Pyne, Charles A. Farrell, 

Addresses, United States marshal’s office. Federal Building, Boston. 

\\ ill you please have on hand these days summonses or returns on summonses 
Avhich have been introduced as exhibits? summonses 

Very respectfully, 

Timothy F. Callahan, 
Attorney for John F. Fitzcratd. 

Service accepted, although received April 2 at 11.20 a. m. 

Joseph F. O’Connell, 
Attorney for Peter F. Tayne. 

Now, if Mr. O’Connell was here, I would like to ask him for these sum¬ 
monses that we requested him to bring. As he isn’t here, I would like to ask 
those men associated with him if they have those summonses, so that we mav 
inquire into them. • ’ 

Air. Goodwin. Are your witnesses here. Air. Callahan? 

witnesses are downstairs. I have arranged with the 

maishal, and I take it that it makes no difference whether the witnesses are 
here or not. me 

Notary AIancovitz. True, Air. Callahan. 

Air. Callahan. Because the summonses are in evidence, or, I think it is 
alleged that they are in evidence, and that being the case, we have the right io • 
examine into them without any witnesses. [Addressing Air. Harrington 1 Will 
you answer for Air. O’Connell? . ^ 

Air. Harrington. What? 

Air. Callahan. Aly request for the summonses? 

Air. Harrinton. I do not know anything about that. Air. O’Connell has that 
request. 

Air. Callahan. If Air. O’Connell hasn’t the summonses here, I am nerfectlv 

willing to give Air. O’Connell- ^ 

Air. Harrington. I understand he has got them. 

Air. Callahan. Or his associates sufficient time to produce them. 

Air. Harrington. I understand he has got them here. He will be right up in a 
minute. I went off last night looking up a title, and I haven’t been in touch with 
the matter since last night. 

Notary AIancovitz. AVill^you suspend a few minutes? 

Air. Callahan. Yes. 



624 


TAGUE VS. FITZGERALD. 


Notary INIancovitz. We will suspend a few minutes. 

(Short recess.) 

• (The following proceedings were had in room 447:) 

Mr. Callahan. Are these the summonses, Mr. O’Connell? 

INIr. O’Connell. Yes; those are the summonses. 

Mr. Callahan. Is there any way in which it can be shown that those were 
introduced as exhibits? 

Mr. O’Connell. They all have been introduced as exhibits. 

IMr. FIarrington. It is in the record. 

Mr. O’Connell. They have all been introduced. 

(Summonses handed to Notary Mancovitz.) 

Notary Mancovitz. I suppose we can check oft who testified. 

IVIr. O’Connell. What is the situation? What are you going to do? 

]\Ir. Callahan. I want to see the returns on all these summonses, Mr. O’Con¬ 
nell. 

Mr. O’Connell. All right. 

Notary Mancovitz. Mrs. Francis Aldus testified. There is no return on her 
summons. 

Mr. O’Connell. Who is handling these summonses? What is the situation? 

Mr. Callahan. I am going to handle the summonses. 

]\Ir. Harrington. Why not handle them? 

INIr. Callahan. 1 will, if you give me time. 

Notary Mancovitz. Do you want the summonses? 

Mr. Callahan. Yes. 

(Summonses handed to Mr. Callahan by Notary Mancovitz.) 

INIr. Callahan. I would like the summons for Thomas F. Bowes. 

Mr. O’Connell. IMr. Callahan informed me he is going to take half the day in 
putting these in. There is no examination to be had on them, as I understand it. 

Mr. jC-^LLAHAN. No. 

IMr. O’Connell. Simply a matter of reading them into the record? 

IMr. Callahan. They are in evidence. I did not have the chance when they 
were put in to examine them. 

Mr. O’Connell. Under those circumstances, there is no occasion for my stay¬ 
ing here. 

IMr. Harrington. Will you be in touch? 

IMr. O’Connell. Y^es. If you need me, I will be in my office. 

(Counsel O’Connell withdraws from room.) 

Mr. Harrington. We have not got it here. The marshal must have it. We 
haven’t got it. 

Mr. Callahan. There is no return for the summons of Mr, Bowes? 

Notary Mancovitz, No summons. 

Mr. Goodwin. Wait; wait a minute. We haven’t got it. 

Mr. Harrington. The marshal may have it, 

Mr, Callahan. It isn’t in evidence. 

Mr. Harrington*. No. 

Mr. Callahan. All right. .Just state that the summons for Mr. Bowes isn't 
in evidence, if there was one. 

William .1. Bonning. This is a summons for William .1. Bonning. It shows 
that it was received at the marshal’s office on the 19th of February at 12 o’clock. 
I suppose that is noon. Served by .John H. Backus, deputy marshal, and was 
served by leaving at the last and usual place of abode. He was to appear on the 
24th day of February. At this time I want to call attention to the fact that 
William .J, Bonning’s name was called on the 1st day of March by Mr. O’Connell. 
I think you Will accept that, won’t you? This is the record. 

Mr. Harrington. If our record corresponds to it, we will. What difference 
does it make when he was called? 

Mr. Tague. What other day was he called? 

IMr. Callahan. We will try to determine that later on. Will you give me the 
summons for Edward .J. Mulvehill? (Summons temporarily missing.) 

.James .J. Jjavin (summons temporarily missing). 

I^eter Dukelow (appeared and testified). 

IMichael O’Connor (this man appeared and te titled). 

Michael F. Durant (summons temporarily missing). 

IMoses Ivrovitz (summons temporarily missing). 

Charles F. Gallagher (appeared and te tified). 

Idiilip J. Ahearn (summons temporarily missing), 


TAGUE YS. FITZGERALD. 


625 


and re¬ 


filed 


in 


Tlobert C. Sinitli (snminons temporarily missing). 

Charles M. Hollander, Hotel Vienna, to appear on the 4th dav of INIarch 
It was recmyed in the iiiarshal’s office on the 27th of February, at 12 a. m. At 

served by John H. Backus, deputy. Left in the 
hands ot J. Birnstein, manager. 

In the case of Hollander I want to call attention to the fact that his name 
was read n, a hst for Marol, 1. I assume it was rea.l tlie other time, too, 

Hi. Harktnton. Read both time.s. 

Hr. Callahan. I simply want to have it for the record. 

V harles A. Hart (siimmons temporarily missing). 

Henry J. Fowler, Revere House. The summons was received in the marshal’s 
o ce on the -<th of February, 1919, at 10.30 a. ni.; served by John H Backus 
(leput.v who eert.Hes that he faile.l to find any last and usual place 
till ns the summons without service. ’ 

James E. IMcConagle (summons temporarily missing). 

John Loniasney (summons temporarily missing). 

John L. Smith (summons temporarily missing). 

Janies F. Brown (summons temporarily missfng). 

Philin S. Doherty (summons temiiorar’ily missing). 

Xeil E. C;illahan (summons temporarily missing). 

Edward Clark (summons temporarily mi sincr). 

John R. Ylurray. This is a summons to .Tohn R. Hurrav It was 
the marshal’s office February 2S, at 11.80. Says “in.” I suppose that mcan^ 
a. ni ^ isii f open at night—the marshal’s office. Eleven-thirty a m 
Seiwed kv Christopher Cilhoni, deputy, on the 2Sth of February, in the hands 
" ^ Hinted States Hotel, his last and usual nlace of abode 

Hi. Harrington. And he was summoned for that date? The 5th of March*> 

inserted^.*^"^'^^^''''^''' The 4th is scratched out and 5tli 

Hr. Harrington. A lot of tho-e names .fust the same way 

•. into’tlle'licwr' 

Frank C. Hyde. This is a summons to Frank C. Hvde, ILl^Brown Stropf 
Brookline. It was received in the mai-shals’ office on the 25th of Februar^ 

at ll.lo a. m It was served on the 27th of February, 1919, at his last anil 

usual place of abode, Brookline. , l s last and 

I would like to call attention to the fact that this summons was served 
mitside the county.^ I think that is the 1st of March [handing summons to Air 
Harnmrton], meant to be the 1st of Alarcli. 

Air. Harrington. The 4th. 

Air. Callahan. The 4th. Summons for the 4th of Alarch. I do not see how 

1s7n?Ai“^ ?^i His name is on the lisVfor tlm 

1st of Alarch, which was read into the record bv Air O’Connell 

John F. Beatty. This i-a summons to John F. Beatty at the Hotel Bellevue 
Air. Harrington. For what date? ue. 

Ml- r.«,T.AHAN. The 4tli i« written in in Ink. nnd erased. Then tiie Otli of 

"1- Ai’oo''""”""''” ‘■'"'■'"■'■Pfl in ii'<‘ mar.shnl’s office on the 

_ith of Fehniai-y at 10..30 a. ni. It was served the first dav of Jlarch IfilO hv 

•Tames Tilthe, deputy, hy leavins in the mail box at 1402 Comraonwe-'dth 

Avenue, his last and m iial place of abode vAimmonv^ealth 

James f^^^ffery In the case of .Tohn F. Beatty, his name was read into 
the records on the 4th day of Alarch. Was called on the 4th of March 
Air. Harrington. Called, later, too. 

Ma^'cii toYesHfvk ^^^lled on the 4th day of 

•Tame.s McCaffery, summoned to anpeai- on the 4th dav of Alarch The sum 
mons was received in the marshal’s office on the 27tli of Pebruarv at ioao 

"Lonr’conoquyT" without'servlf 

Mr. Harrtnc.tok. It says, “Failed to find at any last or iismal niaa.. 
abode.” That applies to the last one, .Tames F. JlcCa'fferv 
Mr. CAr.T.AHAN. .Tohn W. Campbell, 3.? Lynde Street, Was summoned to an 
pear on the 4tli day of Alarch, at 9.30 o’clock in the forenoon The summons 
was received in the marshal’s office at 10.30 a. m., February 27 1919 Tt was 

served that day in the hands of Nora Sullivan, housekeeper at lit and nsT,^? 
place ot abode, 33 Lynde Street. manseeper, at last and usual 


122575—19-40 



626 


TAGUE VS. FITZGERALD. 


Thomas H. Corcoran, Derby House, snmmonecl to appear at 9.30 in the fore¬ 
noon on the 4th day of March. The siiinmons wes received in the marshal’s 
ofhce at 10.30 a. m., February 27. It was served on the 28th of February by 
John H. Backus, deputy slieriff. It was left in the bands of George W. Hill, 
manager, bis last and usual place of abode. He was called on the 4th. 

Alloycius J. Craig, summoned to appear on the 4th day of March, at 9.30 
in the forenoon. The summons was received in the office of the marshal at 
10.30 a. m., the 27tb of February. It was returned on the 27th of February 
by John H. Backus, deputy, “ Made diligent search and fail to find in last 
and usual place of abode. Return subpoena without service.” 

IMr. Harrington. Here is aimther one for the same. 

Mr. Callahan. Alloycius J. Craig. This is C-r-e-g-g. Summoned to ap¬ 
pear on the 5th day of IMarcb, at 9.30 in the forenoon. It was returned with¬ 
out service by .John H. Backus, deputy. Received in the marsbars office on 
flu^ 28tb of February, 11.30 a. m. He was called on the 5tli; likewise called 
on the 4th, 

Daniel H. Crowley. Summons to Daniel J. Crowley to appear on the 4Lh 
day of March at 9.30 o’clock in the forenoon. The summons was received in 
the office of the marshal on the 27tb of February, at 10.30 a. m. Returns made 
by John H. Backus, deputy, who returmnl the subpcena without service, failing 
to find at last and usual place of abode. 

George H. Connor. 

Mr. Harrington, One from the Derl)y House and one from the New England 
House. 

Mr. Callahan. Summons to George H, Connor, Revere House, to appear on 
Hie 4th of March at 9.30 o’clock in the forenoon. Received in the marshal’s 
office on the 27th of February at 10.30 a. m. The subpoena returned without 
service by John H. Backus, deputy. Failed to find at last and. usual place 
of abode. 

Hem-y J. Fowler. This is a summons to Henry J. Fowler to appear on the 
1st of March at 9.30 o’clock in the forenoon. Returned by Thomas J. Pyne, 
deputy; return of subpcena without service. Failed to find him in the district. 

John H. Doherty, summoned to appear on the 4th day of March at 9.30 
o'clock in the forenoon. Received in the office of the marshal the 27th of Feb¬ 
ruary, at 10.30 a. m. Subpoena returned by John H. Backus, deputy, without 
service. Prilled to find any last and usual place of abode. 

John Doherty, 30 Causeway Street, summoned to appear on the 4th of IMarch 
at 9.30 o’clock in the forenoon. Subpoena returned by John H. Backus, deputy, 
without service. Failed to find any last and usual ’place of abode. 

Irving P. Dodge, 91 Court Street, summoned to appear the 4th of March 
at 9.30 o’clock in the forenoon. Summans received in the marshal’s office the 
27th of P>bruary, at 10.30 a. m. Subpoena returned by John H. Backus, deputy, 
without service, and the date of the return is the 28th of February, 1919. 

Marchiano De Pisa, summoned to appear on the 4th of March at 9.30 in the 
forenoon. Summons received in the marshal’s office at 10.30 a. m., the 27th 
of February. Return made by John H. Backus, deputy, without service, P^aileol 
to find or any at last and usual place of abode. 

Rtiggiro De Pisa (record shows he did not respond, but came in.at later 
time). This is a summons to Ruggiro De Pisa to appear on the 4tli day of 
March at 9.30 o’clock in the forenoon. Return by John H. Backus, deputy, 
without service. Failed to find, or any last and usual place of abode. It is 
agreed that Ruggiro De Pisa appeared and testified, 

Patrick F. Comber, summoned to appear on the 4th day of INIarch at 9.30 
o’clock in the forenoon. The summons was received in the marshal’s office, 
February 27th at 10.30 a. m. Returns made by John H. Backus, deputy, the 
27th of February, stating that on the 28th he left at this place, last and usual 
place of aliode, a true and attested copy of this subpoena. 

Charles D. (Celeste, summoned to appear the 4th day of IMarch at 9.30 o’clock 
in the forenoon. Return niade by John H. Backus on the 27th. Subpmna left 
at his last and usual place of abode. Received at the marshal’s oflice at 10.30, 
the 27th, 

Orlando Cochrane, summoned to appear the 4th day of March at 9.30 in the 
forenoon. The summons was received in the marshal’s office on the 27th of 
February, at 10.30 a. m. Retiiiai made by John H. Backus, deputy, without 
S;-rvice. Failed to find, or iisiiai place of abode. 

Hugh Cannon, summoned to appear the 4th day of IVIarch at 9.30 o’clock 
in the forenoon. Received at the marshal’s office the 27th, at 10.30 a. m. Re- 


# 


TAGUE VS. FITZGERALD. 


, 627 

^T Backus, deputy marshal, without service. Faiied to 

tin«1 and any last and usual place of abode. 

summoned to appear the 4tli day of March, 1919, at 

at loV n 27tli of February, in the marshal’s office 

to finif^nnu Backus, deputy, without service. Failed 

to find, and last and usual place of abode. 

summoned to appear the 4th of March at 9.30 in the fore¬ 
noon. Summons received in the.marshars office the 27th of Fehruarv, at 10 30 
a m. Ketiirii dated the 2Sth of February, 1919, by John H. Backus deputv 

subnfpna\A4thn T dilig:ent search and returns the 

su^aoena tMthout service, lailure to tind, and last and usual place of abode. 

Hugh 1. Granger, summoned to appear the 4th of March at 9.30 in the fore¬ 
noon. Received in the marshal’s office the 27th of Fehruarv at 10 30 a m 
Fp February, by John H. Backus, deputy; without serWce! 

Retuiiied without service. It states that oii the 28th, failed to liiid, or anv last 
and usual place of abode. 

Charles J. McCarthy? Is it agreed Charles J. McCarthy, Daniel J. McCarthy 
and Thomas A. McCarthy all testified? 

Mr. Hakeington. Yes. 

iNIr. Callahan. And Jack IVIcCarthy testified, too. 

The next one, Jeremiah F. Mahoney, summoned to appear on the 4th of 

forenoon. Summons received in the marshal’s office on 
the _<th of February, at 10.30 a. m. Summons left at the Merrill House the 
last and usual place of abode, on the 2Sth of February, 1919. 

Mr. Goodwin. In the hands of Mrs. Cavitchi. 
p Martin Manning, summoned to appear on the 4th of March at 

J.30 o clock in the forenoon. Summons received in the marshal’s office the 27th 
of Febiuary at 10.30 a. m. Returned hy John H. Backus, deputy marshal, with¬ 
out service; failed to tind, or any last and usual place of abode. 

I.ouis Manovitz, summoned to appear on the 4th of March at 9.30 o’clock in 
the forenoon. Received at the marshal’s office the 27th of February at 10.30 
a. m. Return on the 27th, by John H. Backus, deputy, without service. Failed 
to find, or any last and usual place of abode. 

Hainan S. Marks, summoned to appear on the 4th of March, 9.30 in the fore¬ 
noon. Received in the marshal’s office the 27th of February, at 10.30 a. m. 
Returned by John H. Backus, deputy marshal, without service." On the hack he 
has got “ Herman.” Returned without service. Failed to find, or any last and 
usual place of abode. 

Charles E. Maynard, summoned to api)ear the 4th of March at 9.30 in the 
forenoon. Summons received in the marshal’s office, 27th of February, at 10.30 
a. in. Returned by John H. Backus, deputy marshal, without service. “ Made 
search on the 28th of February, failed to find any last or usual place of abode.” 

Frank S. Moylan, summoned to appear on the 4th of March at 9.30 in the 
forenoon. Received in the marshal’s office the 27th of February at 10.30 a. m. 
Service on the 27th of February by leaving at his last and usual place of abode, 
35 Billerica Street, in the hands of his mother. Summoned from 35 Billerica 
Street. 

Francis E. Murphy, summoned to apjiear on the 4th of IVIarch at 9.30 o’clock. 
Summons received in the marshal’s office the 27th of February at 12 o’clock 
noon. Returned by John H. Backus, deputy marshal, showing the subpoena 
was left at the last and usual place of abode, the Lincoln House, in the hands 
of William Dempsey, in charge of the premises. 

Notaiy Mancovitz. Recess until 2.15 o’clock. 

(Noon recess.) 


AFTEKNOON SESSION. 

(Proceedings started at 2.30 p. m., in the absence of Notary Mancovitz.) 

Mr. Callahan. William J. Murphy, summoned for the 4th of March at 9.30 
o’clock in the forenoon. The summons was received in the marshal’s office on 
the 27th of February at 10.30 a. m. Return made hy John H. Backus, without 
service. Fail to find or any usual place of abode. 

Richard A. Roche, called for the 4th, summoned to appear on the 4th of 
March, at 9.30 o’clock in the forenoon. The notice was received in the marshal’s 
office the 27th of February, at 10.30 a. m. Returned by John H. Backus, deputy 
marshal, without service. Failed to find or any usual place of abode. 

Jo.seph Santossuosso, summoned to nppear the 4th of INIarch at 9.30 in the 
forenoon. Returned by John H. Backus, deputy marshal, in which he says that 


628 


TAGUE VSi FITZGEEALD. 


I 


on the 2Sth day of February he served this subpoena by leaving at the Quincy 
House a true and attested copy of this subpoena. 

Daniel J. Sullivan, summoned for the 4th of March, 9.80 in the foi-enoon. 
Summons received in the marshal’s office the 27th of February, at 10.80 a. m. 
Ketnrned l)y .John H. Backus, deputy, dated February 2S, 1019. The subpoena 
returned without sei’vice. Fail to find or any last and usual place of abode. 

William E. Sullivan, summoned foi’ March 4. Received in the marshal’s 
office February 27, 1919, at 10.80 a. m. Returned by .Tohn H. Backus, deputy 
marshal, left at his last and usual place of abode on February 27, 1919. 

]\[r. Brogna. William .1. Sidlivan, summoned to appear March 4. Summons 
received in the marshal’s office at 10.80 a. m., February 27, and I’eturned by 
John H. Backus, deputy marshal, leaving at his last and n.sual place of abode 
on February 27. 

Anthony Valente. 

(Notary IMancovitz enters hearing at 2.40.) 

Summoned to appear IMarch 4. Received in the marshal’s office February 27, 
at 10.80 a. m. Returned by John H. Backus, deputy, without service, having 
failed to find or his last and usual place of abode. 

John .1. Larkin, summoned to appear March 4. Received in marshal’s office 
February 7, at 10.30 a. m. Returned by Christopher Gilhoni by leaving at his 
last and usual place of abode, 11 Paisley Park, Dorchester, in the hands of Rose 
Kivlan, on February 27. 

Timothy J. IMcKeon, summoned to appear IMarch 4. Returned by Christopher 
Gilhoni, deputy marshal, in hand. February 27. 

Charles W. IMurphy, summoned to appear March 4. Received in marshal’s 
office February 27 at 10.80. Returned by Christopher Gilhoni. deputy marshal, 
leaving in the hands of Elizabeth Quick, 12 Wales Street, last and usual place 
of abode. 

Francis A. Crowley, summoned to appear March 4. Received in the mar¬ 
shal’s office February 27. No time given. Returned by Christopher Gilhoni, 
deputy marshal, February 27, in hand. 

Daniel J. McGi'ath, summoned to appear March 4. Received in the marshal’s 
office February 27 at 10.30. Returned by Charles A. Farrell, deputy marshal, 
without service, having failed to find him or last and usual place of abode. 

Hugh McGrath, summoned to appear March 4. Summons received in the 
marshal’s office February 27 at 10.80 a. m. Returned by Charles A. Farrell, 
deputy marshal, without service, having failed to find him. 

Francis Dowd. (It is agreed that Francis J. Dowd appeared and testified.) 

John F. Walsh, summoned to ap]iear March 4. Summons received in mar¬ 
shal’s office on February 27 at 10.30. Returned by Thomas J. Pyne, deputy 
marshal, leaving at his last and usual place of abode, February 27, 1919. 

John J. Sullivan, summoneii to appear March 4. Summons received in mar¬ 
shal’s office February 27 at 10.30. Returned by Thomas J. Pyne, deputy mar¬ 
shal. Last and usual place of abode, 4 Thornton Place, Roxbury, February 27,. 

Charles Smulovitz, summoned to appear March 4. Summons received in mar¬ 
shal’s office February 27 at 10.30. Returned by Thomas J. Pyne, deputy mar¬ 
shal, leaving in hands of wife, 157 Highland Street, Roxbury, February 27. 

Charles F. Day, summoned to appear March 4. Returned by Thomas J. Pyne, 
deputy marshal. Failed to find. No service. 

Leo P. Doherty, summoned to appear IMarch 4. Returned hy John H. Backus, 
deputy marshal, without service. Failure to find or any last and usual place 
of abode. 

Thomas G. Sheridan, summoned to appear March 4. Summons received in 
marshal’s office February 27, 1919, at 10.30 a. m. Returned hy Thomas J. Pyne, 
deputy marshal, service in hand, February 27, 1919. 

Thomas J. Sheridan, summoned to appear March 4. Summons received: 
in marshal’s office at 10.30 a. m. Returned by Thomas J. Pyne, deputy mar¬ 
shal, in hand, service, February 27. 

John T. Leonard, summoned to appear March 6. Received in the mar¬ 
shal’s office February 27. Returned hy George A. Crockwell, deputy marshal,, 
leaving at his last and usual place of abode, 132 Boston Avenue, Somerville; 
on March 1. 

John F. Leonard, summoned to appear March 4. Summons received in 
marshal’s office February 27, 10.30. Returned hy John H. Backus, deputy 
marshal, without service, having failed to find him or any last and usual place- 
of abode. 


TAGUE VS. FITZGERALD. 


629 


Samuel Kravitz, simmioned to appear March 4. Summons received in 

""-Sf Joim rZckurwuho^ 

w ufc'icV, ‘ ‘"‘y «>■ P'«ce of abode, 

ni-u-s Summons received in tbe 

c -s c wiHmn? Jobn H. Backus, deputy 

Otto Keller (no summons presented). 

in\n-irs]VMr^'affip!!^^^^^ summonecl to appear March 4. Summons received 
Sh-il I, ni ,nt t.y Joliii H. Bacluis, deputy mar- 

of abod^ ‘^"y P'kce 

t(> aPPear Marcli 4. .Summons received in mar- 

s a \vmm„J r‘ I'y Ji'l'i' H. Backus, deputy mar- 

abode ooivice, having tailed to Hiid liiiii or any last and usual place of 


tP ai’PPai- March 5. Summons received in 
maishdls office February 2<. Summons returned hv .Tames A. Tmhe deputv 

(Mmhrido-r'^^''^^'^ service, having failed to tind liiin after diligent seaiUi in 

m‘ to appear Marcli 5. Summons received in mar¬ 

shal s othce February 27 at 6.30 p. m. Returned by Thomas J. Pyne, deputy 
maishal, without service, liaving failed to tind him. Summoned for the 5th 
and was called on the list for the 4th. 

John J. Cuneiy summoned to appear March 4. Received in the marshal’s 
office February 2<, at 2.30. Returned by Benjamin J. Scully, deputy marshal, 
service in hand on P ebruary 28. 

Michael J. Crosson, summoned to appear on the 4th. Summons received 
February 2<, 1919, at 10.30. Returned by Benjamin J. Scully, deputy mar- 
shah leaving at his last and usual place of abode in the hands of his mother 
on February 28. ’ 

Thomas F. Daley, summoned to appear 
the marshars office February 27, 1919, at 


March 

10.30. 


4. Summons received in 
Returned by Benjamin J. 


Scully, deputy marshal, leaving with his brother at last and usual 'iilTce of 
nbode, February 28. 

Edison F. Sawyer, siiiniiioned to appear March 4. Summons received in 
marshars office- February 27 at 10.30. Returned by Benjamin J. Scullv with¬ 
out service ; failed to find. " ’ 

Henry Grey, summoned to appear March 4, Summons received in mar- 
slial’s office February 27, at 10.30. Returned by Thomas J. Pyne, deputy 
marshal, without service, having failed to find him at the address"given. 

latiick H. Sheehan, summoned to appear March 4. Summons received 
in tlie marshal’s office February 27, 1919. at 10.30. Returned by Thomas J. 
I’yne, leaving in the hands of wife at 40 Hall Street, Jamaica fdain Febru¬ 
ary 27. 


William .1. Sheehan, summoned to appear on the 4th. Summons received 
at the marshal’s office February 27. Returned by James A. Tighe, deputy mar¬ 
shal, without service, having failed to find him in the district. 

Patrick J. McNulty, summoned to appear March 4. Summons received at 
the marshal’s office P’ebruary 27, at 10.30 a. m. Returned by Benjamin J. 
-vScully, deputy marshal, without service, having made dilig-ent search at 
Beachmont. 

Francisco de Pisa, summoned to appear on the 4th of March. Summons 
received in the marshal’s office February 27, at 10.30. Returned by Benjamin 
J. Scully, deputy marshal, in hand, February 28. Doctor’s certificate was sent 
by him. 

J;)hn J. Grant, summoned to appear March 4. Summons received in the mar¬ 
shal’s office February 27, at 10.30. Returned without service by Benjamin J. 
Scully, having failed to find him at Revere. 

Bernard E. Grant, summoned to appear March 4. Summons re(*eived in mar¬ 
shal’s office February 27, at 10.30. Returned without service, having failed to 
find him at Revere. Deputy Marshal Benjamin J. Scully. 

Daniel J. McLaughlin, summoned to appear March 4. Summons received in 
marshal’s office February 27. Returned by Benjamin J. Scully, deputy marshal, 
without service, having failed to find him. 

Edward P. Clark, summoned to appear March 4. Summons received in 
marshal’s office February 27. Returned by Benjamin J. Scully, deputy marshal, 
service in hands of a tenant, at 14 Wood Street, CharlesU)wn, on February 27. 


630 


TAGUE VS. FITZGERALD. 


John F. Corcoran, sninnioned to appear March 4, Suinnions received in mar- 
shal's office February 27, 1919, at 10.30 a. ni. Returned by Benjamin , 1 . 
Scully, deputy marslial, without service, havin.^ failed to find him. 

John E. F4tz.i>:erald, summoned to appear on the 4th of March. Summons re¬ 
ceived in marshal’s office February 27, at 10.30. Returned by Benjamin J. 
Scully, deputy marshal, leaving in the hands of his mother, Christine Fitzgerald, 
13 Monument Street, Charlestown, on February 27. 

Jobn F Leonard, already accounted for. 

James Lang, summoned at 36 Billerica Street or 309 Medford Street, Somer¬ 
ville. Summoned to appear March 4. Summons received in the marshal’s office 
1 ebruary 2(, at 10.30. Returned by George A. Crockwell, deputy marshal, 
witJiout service, having failed to find him. “ 1‘ursuant hereto I have mkde dili¬ 
gent search for the within-named James Lang at 309 Medford Street, Somer- 
' failed to find him, and I have reason to believe that he is not in this 

district. Therefore, I return his subpoena without service.” 

Daniel P. iMcCarron, summoned to appear March 4. Summons received in 
the marshal’s office February 27, at 10.30. Returned by George A. Crockwell, 
deputy marshal, at last and usual place of abode, 100 Princeton Street, Med¬ 
ford, in the hands of wife on February 27. 

Roden Harrison, summoned to appear March 4. Summons received in mar¬ 
shal’s office February 27, at 12 o’clock noon. Returned by Jobn H. Backus, 
deputy marshal, leaving at last and usual place of alxxle, at lievere House, 
in hands of Fred K. Cloutman, on February 27. 

The following is indorsed on the face of summons: “Bring with you register 
of Revere House for the days from March 24 to April 7, 1919.” 

Herbert W. Pike, summoned to appear IMarch 4. Summons received in mar¬ 
shal’s office P>bruary 27, at 12 o’clock noon. Returned by John H. Backus, 
deput.v marshal, without service, having made diligent search and failed to 
find him or an^ last and usual place of abode. The following is indorsed on 
face of summons: “ Bring with you register of Merrill House for the davs 

from March 24 to April 7, 1919. 

John W. Hall, intended for George W. Hill, who ai)peared and testitied. 

Joseph Kraft, summoned to appear IMarch 4. Summons received in mar¬ 
shal’s office February 27, at 12 o’clock noon. Returned by John H. Backus, 
deputy marshal, last and usual place of abode. Hotel Hayiiiarket, in hands of 
J. D. Chisholm, clerk, on February 27, indorsed on 'face of summons: “Bring 
with you the register of the Hotel Haymarket for the davs from March 24 
to April 7, 1919.” 

Thomas Petrick, noted as “ Subject to call,” appeared and testified. 

IVilliam R. Gallagher, api)earing as “No response,” appeared and testified. 

Simon Morse, appearing as “ No response,” later appeared through his brother 
Morris Morse, with the hotel register. ’ 

Jfffin S. Bonnia, summoned to appear IMarch 4. Summons received in mar¬ 
shal’s office February 27, at 12 o’clock noon. Returned by John H Backus 
deputy marshal, at his last and usual place of abode. Hotel Cooledge, in the 
hands of E. J. Collins, clerk, February 28, indorsed om face of summons: 
“Bring with you register of Hotel Cooledge for the days from March 24 to April 

J. Henry Breslin, summoned to appear March 4. Summons received in mar¬ 
shal’s office February 27, at 12 o’clock noon. Returned by John H. Backus in 
hand, indorsed on face of summons: “Bring with you register of Blackstone 
Hotel for days of March 24 to April 7, 1919.” 

Cyrus N. Campbell, summoned to appear. Blank. Summons received in 
marshal’s office February 27, 1919, at 12 o’clock noon. Returned by John H. 
Backus, leaving at his last and usual place of abode. Hotel Central, iii hands of 
H. IM, haley, on February 28, indorsed on face of summons: “ Bring with you 
the register of Hotel Central for the days from IMarch 24 to April 7, 1919.” 

Charles M. Hollander, summoned to appear IMarch 1. Previously called bv 
mistake. Handed a summons returnable the 4th. He was summoned for the 
1st. Summons for the 1st now appears to have been received by the marshal’s 
office on lebiuary 25, 1919, at 11.15, left at his last and usual place of abode 
with his brother, Cyril Hollander, 37 Leverett Street, on February 25. 

Summons for the 4th of Charles M. Hollander. Summons received bv the 
deputy marshal February 27, 1919, at 12 m. John H. Backus makes service 
by leaving at his last and usual place of abode. Hotel Vienna, in hands of 
J. Bernstein, manager. The face of summons says: “ Bring with you the 
register of Hotel Vienna for the days from March 24 to April 7, 1919.”" 


TAGUE VS. FITZGERALD. 


631 


received in 
by John H. 
summons is 
for the days 


Samuel P. Devine. The name Samuel P. Devine marked “No response ” 
No summons has been located. 

Prank E. Murphy, summoned to appear March 4. Summons received in 
marshahs office b'ebruary 27, at 1().3(). Returned by John H. Backus without 
service, haviii" failed to find liiin or last or usual place of abode. 

1 to appear March 4. Summons received in mar¬ 

shals office February 27. at 12 o’clock noon. Returned bv John H. Backus, 
deputy marshal, leaving at Hotel Royal in hands of John W. Norton, clerk, 
on February 28, indorsed on face of summons : “ Brin^ with vou the re«ister 
of Hotel Royal'for the days from March 24 to April 7, 1919.” " 

Thomas IMcNally, summoned to appear Alarch 4. Summons 
marshars office February 27, at 12 o’clock noon, and returned 
Backus, deputy marshal, in hand. February 27. The face of 
indorsed as follows : “ Brinj? with you the register of vour house 
from Marcli 24 to April 7. 1919.” 

Thomas F. Bower, summoned to appear March 1. Summons received at the 
marshal s office February 25, at 11.15 a. in. Returned by Charles A. Farrell, 
deputy marshal, by giving in hand to Thomas P. Bower, on February 25. 

John S. INIoylan, summoned to appear March 1. Siimmons received in 
marshal’s office on February 25, 11.15 a. m. Returned by Charles A. Ban¬ 
croft, deputy marshal, at last and usual place of abode, rear of 14 Causeway 
Street, in the hands of aunt. Mrs. Upton, on February 25. 

Edward ,T. IMulvehill. summoned to appear on IMarch 1. Summons received 
in marshars office February 25, 11.15 a. m. Returned by Thomas J. Pyne. 
deputy marshal, without service, having failed to find him in my district. 

.Tames .1. I.iavin, snmmoned to appear March 1. Summons received in 
marshal’s office February 25, 1919, no time. Returned by Thomas J. Pyne, 
deputy marshal, leaving under the door at 28 Redman Street, .Jamaica Iffain, 
last and usual place of abode, February 25. 

Moses Krovitz, summoned to appear on March 1. Snmmons was received 
in marshal's office February 25, 1919, at 11.15 a. ni. Returned by Charles A. 
Bancroft, without service. Diligent search at various places in Boston and 
elsewhere and coundn’t find him, February 25. 

Michael F. Durant, summoned to appear IMarch 5. Summons received in 
marshal’s office February 25, at 11.15 a. m. Returned by Charles A. Bancroft, 
without service. Diligent search at 37 Billerica Street and couldn’t find him. 

Idiilip J, Ahearn, snmmoned to appear IMarch 1, Summons received in 
marshal’s office Fehruary 25. at 11.15 a. m. Returned hy Charles A. Bancroft, 
deputy marshal, last and usual place of abode in hands of his mother, on 


February 25. 

Robert C. Smith, summoned to appear March 1. Summons received in 
marshal’s office February 2.5, 1919, at 11.15 a. m. Returned by Charles A. 
Bancroft, in hand, February 25. 

Henry J. Fowler, summoned to appear March 1. Summons received in 
marshal’s office February 25. at 11.15 a. m. Returned by Thomas J. Pyne, 
without service; failed to find him. Dated February 27. 

Janies E. McGonnagle, summoned to appear March 1. Snmmons received 
in marshal’s office February 25, 11.15 a. in. Returned by Charles A. Farrell, 
leaving in hands of Thomas H. Smith, janitor, 93 Binney Street, last and 
usual place of abode, February 25. 

John I.omasney, summoned for March 1, 1919. Summons received in mar¬ 
shal’s office February 25, 11.15 a. m. Returned by Charles A. Bancroft, 
deputy marshal, without service. Searched various places and couldn’t find 
him. 

John L. Smith, summoned to appear March 1. Summons received in mar¬ 
shal’s office l^bruary 25, at 11.15 a. m. Returned by Charles A. Bancroft, 
deputy marshal, without service. Diligent search at 19 Causeway Street. 

Janies F. Brown, summoned to appear IMarch 1. Summons received in 
marshal’s office February 25, at 11.15 a. m. Returned by James A. Bancroft, 
deputy marshal, leaving at last and usual place of abode, in the hands of 
proprietor of Hotel I^ncerne. 

Philip I. Doherty, summoned to appear March 1. Summons received in 
marshal’s office February 25, 1919, at 11.15 a. m. Returned by Christopher 
Cilhoni, deputy marshal, leaving in hands of James Greatoris, at 195 Main 
Street, Charlestown, last and usual place of abode. 

Neil E. Callahan, summoned to appear March 1. Summons received in 
marshal’s office February 25, at 11.15 a. m. Returned by Charles A, Bancroft, 


632 


TAGUE VS. FITZGERALD. 


deputy marshal; returned without service. Searched various places and could 
not hnd him. 

Edward Clark, summoned to appear INIarch 1. Summons received in mar¬ 
shal’s office February 25, at 11.15 a. m. Keturned by Charles A. Farrell, dep¬ 
uty sheriff, leaving? in hands of Charles Christie, clerk, Hotel Brewster, Iasi 
and usual place of abode, February 25. 

William J. Bounin,a', summoned to appear INIarch 1. Summons received in 
marshal’s office February 25, 1919, no time. Returned by Thomas J. Pyne, 
dejaity marshal, leaving in hands of wife, on February 25. 

Pff-ank C. Hyde, summoned to appear and appearing on list of Mai-ch 1. 
Summons received in marshal’s office February 25, 1919, at 11.15 a. ni. 
Returned by Charles A. Farrell; service in hands of his mother, at 115 
Brown Street, Brookline, last and usual place of abode, on February 27. 

Charles F. Gallagher, appearing on list of March 1. Summons not produced. 

.Michael J. Fitzgerald, summoned to appear March 1. Summons received in 
marshal’s office P^'ebruary 25, at 11.15 a. m. Returned by James A. Tighe, 
deputy marshal, leaving at police station 16, last a)id usual place of employ- 
men, on Febriuiry 25, 1919. 

Charles E. Hart, summoned to appear March 1. Summons received in 
marshars office Fel)ruary 25, 1919, at 11.15 a. ni. Returned by Thomas J. 
Pyne, deputy marshal, without service, February 27. 

John R. Murray, summoned to appear INIarch 1. Summons received in 
marshal’s office February 25, at 11.15 a. m. Returned by Charles A. Bancroft, 
deputy marshal, in hand. February 25. 

Samuel P. Devine, appearing on list of March 4; summons not produced. 

(Adjourned to 10 a. m., Friday, April 4. 1919.) 

April 4, 1919. 

INIeeting held in room 447, Federal Building, Boston, Mass., Friday, April 4, 
at 10 a. m., before David Mancovitz, E.scp, notary public. Abraham G. Berimin, 
Esq., notary public, absent.. 

Counsel: Joseph F. O’Connell, Esq., and Arthur Harrington, E.sq., for the 
contestant; John P. Feeney, E.sq., and Timothy F. Callahan, E.sq., for the 
contestee. 


Mr. Brogna. Mr. Mancovitz is not here, but I suppose we can go along with¬ 
out him. 

Mr. Goodwin. We do not make any objection . 

INIr. Brogna. There is nothing to do but put in summonses now. That can 
be done without rulings. 

William H. Hart, summoned to appear March 5. Summons received in 
marshal’s office February 28, 1919, at 2.30 p. m. Returned by Thomas J. Pyne, 
deputy marshal, leaving at United States Hotel, last and usual place of abode’ 
on February 28, 1919. 

Joseph F. Howard, summoned to appear March 6. Summons received in 
marshal's office February 28 at 2.30 p. m. Returned bv Charles A. Bancroft 
deputy marshal, in hand, March 1. * ’ 

Alfred R. Rudd, summoned to appear March 5. Summons received in mar¬ 
shal’s office February 28 at 2.30 p. m. Returned by (’harles A. Bancroft with¬ 
out .sei-vice, being unable to find him or any such address as 41 Batana Street 
and after diligent search at 177 Endicott Street. ’ 

Michael J. Bonner, summoned to appear March 5. Summons received in 
marshal’s office February 28 at 2.30 p. m. Returned by Christopher Gilhoni 
deputy marshal, by leaving in hands of Ellen Doherty, 12 INIount Vernon Street’ 
Boston, last and usual place of abode on February 28. Dn face of summons 
appears the addresses 93 Pindicott Street and 12 Mount Vernon Street. 

Martin A. O’Hara, summoned to appear March 5th. Summons received in 
marshal’s office Feinaiary 28 at 2..30 p. m. Returned bv Thomas J l‘vne 
deputy marshal, without service. Failed to find him at 66 Bowdoin Street, Bo.s- 
ton. The face of summons bears addresses 66 Bowdoin Street and *^00 Dudley 
Street. 

James H. Cronin, summoned to appear March 5. Summons received in mar 
shal’s office Februai-y 28 at 2.30 p. m. 'Returned by John H. Backus, deputy 
marshal, without service. Failed to find him or anv hvst or usual nlace of 
abode. ' ^ ^ 


Stephen J. Ca.sey, summoned to appear INIarch 5. Summons received in mar¬ 
shal’s office February 28 at 2.30 p. m. Returned by John H. Backus without 
service. Pfiiiled to find him or any last and usual place of abode 


TAGUE VS. FITZGERALD. 


638 


S''m'iK>ns receive,! in 

;ir y*;™’ -- iai.er---i - -s 

place of abode ’ senice. Unable to tind him or any last and usual 

r-r' ^Snfec! 

"iToi f,Hce''’of'al,olle’ Wi""”V‘“'''’“T' '''' ‘'"'I 

Sa-i'c/RcSincIafe «“<' 34 Frem.e 

^^ alter H. Lockinan (summons not produced) 

offioeTehnnVv'cU,’; ’V."','' 3. '•<‘<’eive,l in n.arsl.al’a 

LF '• 111- Keturned by Christopher Gilhoni, deputy mar- 

,m I ehnc,rv }]■ 123 Monnment Street! Ciiarlek 

UnV-^Q -AT cT^’ ^Vddresses on face of summons: 38 Wendall Street 

and 23 IMonument Street, Charlestown. >vf.mau c>ueet 

m «iiiiiiiii>ii«^i^ ^11 apper.r March o. Summons received in 

aishals ofhce February 28 at 2.30 j). m, Returned by Christopher Gilhoni 
• S ’ f Wasliington Street, Cliarlestown, on February 

&ton StreerSlufr.e” «‘'^1 39 Wasl,- 

John A. Riley suinmoned to appear IMarch 5. Summons received in marshars 
ofhce b ebrmiry 3P10, at 2.30 p. m. Returned by Christopher Gilhoni, deputy 
marshal, n\ hand, February 28. ‘ 

Leonard Baer, summoned to appear March 5. Summons received in marshal’s 
office Februa.T 28, 2.3(. ,n. Returned l>,y Tbo.nas .T. Pyue, denu!v marshal 

^Mthout sei-Mce: faded to tind him at Young’s Hotel. On the face of summons 
iil>)iears addresses, Youiya’s Hotel and Van Nostrand’s, Charlestown. 

T homas J. Murphy, appearing on list as “ No response,” later appeared and 

1 fl 0(1, 

Thomas Mhilsh, summoned to appear March 5. Summons received in mar¬ 
shal s office February 28 at 11.30 a. m. Returned bv John H. Backus deimtv 
marshal, without service, having failed to find him at Hotel Central and failed 
to find any last and usual place of abode. 

Louis Locke, appearing as “ No response,” appeared and testified 
IVilliam H. Kelley, summoned to appear March 5. Summons received in 
marshal’s office February 28 at 11.30 a. m. Returned by John H. Backus 
deputy marshal, without service, having failed to find him or any last and 
usual place of abode. 

Morris Goldberg, summoned to appear March 5. 
shal's office February 28, at 11.30 a. m: Returned 
marshal, by leaving at his last and usual place of 
hands of S. Herson, clerk, on Februar 28, 1919. 

Isaac Gordon, summoned to appear March 4. Summons received in marshal’s 
office February 27, at 10.30 a. m. Returned by deputy marshal, leaving in hands 
of wife at 7 Melton Road, Brighton, his last and usual place of abode, on 
February 27. The face of summons bears addre.sses as follows: 128 Court 
Street and 7 Melton Road, Brighton. 

Isaac Gordon again summoned to appear March 5. Summons received in 
marshal’s office February 28, at 11.30 a. m. Returned l)y John H. Backus, 
deputy marshal, leaving at last and usual place of abode, i28 Court Street, in 
hands of St. Herson, clei-k, on February 28, 1919. 

IVilliam H. Hennessy, summoned to ai)pear IVIarch 5. 
inarshal’s office February^ 28, 11.30 a. m. Returned, by 
deputy marshal, by leaving in hands of John Reynolds,' 

Rossmore, last and usual place of abode, February 28. 

Charles K. Di Fatta, summoned to appear March 5. 
marshal’s office February 28, at 11.30 a. m. Returned 

<leputy marshal, without service, having failed to find him or any last and 
usual place of abode. 


Summons received in mar- 
byr John H. Backus. de])uty 
abode, 128 Court Street, in 


Summons received in 
Christopher Gilhoni, 
assistant clerk, Hotel 

Summons received in 
by John H. Backus, 


G34 


TAGUE VS. FITZGERALD. 


Geor. 2 :e W. Cowan. 

(Notary Mancovitz arrived at 10.40.) 

Summoned to appear March 5. Summons received in marshal s office t eh- 
riiary 28, at 11.30 a. m. Returned by -John H. Backus, deputy marshal, without 
service, having been unable to find him or any last and usual place of abode. 

William Kilfoye. summoned to appear March 5. Summons received in mar¬ 
shal’s office Fehniary 28, at 2.30 p. m. Returned by Charles A. Bancroft, deputy 
marshal, without service, after diligent search at 14 Chambers Street. 

.Tohn W. Riley, summoned to appear :March 5. Summons received in marshal s 
office February 28, at 2.30 p. m. Returned by Charles A. Bancroft, deputy 
marshal, without service, after diligent search at 54 Howard Street, Boston. 
Unable to find him or any last and usual place of abode. 

Thomas F. Sullivan, summoned to appear March 5. Summons received in 
marshal’s office February 28, at 2.30 p. m. Returned by/ Charles A. Bancroft, 
deputy marshal, without service, being unable to find him after diligent search 

at 54 Howard Street, Boston. . . , 

Edward A. Skelly, summoned to appear March G. Summons received in 
marshal’s office on February 28, at 2.30 p. m. Returned by Charles A. Bancroft, 
deputy marshal, in hand, March 1. His name appears on the list of March 5. 
The face of summons is erased and appears “ IMarch 6.” 

(Notary Mancovitz leaves room at 10.45.) ^ ^ 

Arthur* J. Lee, summoned to appear March 5. Summons received in marshal s 
office February 28, at 2.30 p. m. Returned by Charles A. Bancroft, deputy 
marshal, without service. Diligent search at 54 Howard Street, and unable to 
find him. or last and usual place of abode. Face of summons carries address, 
24 Chambers Street and 61 Cedar Street. 

Frank J. Raesley, summoned to -appear March 5. Summons received in mar¬ 
shal’s office February 28, at 2.30 p. m. Returned by^ Charles A. Bancroft, deputy 
marshal, without service. Diligent search at Quincy House. Couhln t find him 
or last and usual place of aliode. 

.Joseph J. Vincent, summoned to appear March 5. Summons received in 
marshal’s office February 28, at 2.30 p. m. Returned by Charles A. Bancroft, 
deputy marshal, leaving at last and usual place of abode, 171 Charles Street, in 
hands of mother. Face of summons bears address, 357 Cambridge Street and 
171 Charles Street. 

Edward S. Humphreys, summoned to appear March 5. Summons received in 
marshal’s office February 28, at 2.30 p. m. Returned by Charles A. Bancroft, 
deppty marshal. lea\ing at last and usual place of abode at 367 Charles Street, 
in hands of bi'other, February 28. Addresses on face of summons, 367 Charles 
Street and Engine 6, I^everett Street. 

.Joseph Riley, summoned to appear March 5. Summons received in marshal’s 
office February 28, at 12.30 p. m. Returned by' Christopher Gilhoni, deputy 
marshal, by leaving in hands of INIr. L<ynch, clerk of Young’s Hotel, last and 
usual place of abode, on February 28. 

INIoses Caplan, summoned to appear March 5. Summons received in marslial’s 
office February 28, at 11.30 a. m. Returned by .John H. Backus, deputy marshal, 
by leaving at Quincy House, in hands of Thomas .J. Murphy, manager, on Feb¬ 
ruary 28. 

Samuel Vining, summoned to appear March 5. Summons received in the mar¬ 
shal’s office February 28, at 11.30 a. m. Returned hyl .John H. Backus, deputy 
marshal, without service. Unable to find him or last and usual place of abode. 
Face of summons appears to be “ Samuel Rinig.”. Address, Windsor Hotel. 

Dennis F. I^IcCarthy, summoned to appear IMarch 5. Summons- received in 
marshal’s office February 28 at 11.30 a. m. Returned by .John H. Backus, 
deputy marshal, without service. Diligent search failed to find him or any last 
and usual ]dace of abode. 

.Joseph Cosgrove, summoned to appear March 5. Summons received in mar¬ 
shal’s offiice February 28 at 11.30 a. m. Returned by .John H. Backus, deputy 
marshal, without service, after diligent search failed to find him or last and 
usual place of abode. 

Pklward M. Sullivan, summoned to appear March 5. Received in mai-shal's 
office February 28 at 11.30 a. m. Returned by .John H. Backus, deputy marshal, 
l)y leaving in' hands of Thomas .J. Murphy, manager Quincy House, on Feb¬ 
ruary 28. 

Edward A. Skelley, summoned to appeal- IMarch 5. Summons received in 
marshal’s office February 28 at 11.30 a. m. Returned by .John FI. Backus, 
deputy marshal, service, leaving in the hands of Thomas .J. Murphy, manager of 


TAGUE VS. FITZGERALD. 


635 


•Quincy House, on February 28, 1919. This is the same Edward A. Skelly who 
was seiwed in hand as hereinbefore stated. 

Beinaid Sears, sunnnoned to appear INIarch 5. Summons received in mar- 
shals ofhce Leliruary 28 at 11.30 a. m. Returned hv John H. Backus, deputy 
marsnal service, by leaving in the liands of Thomas J. Murphy, manager, 
juinc.\ House, on February 28. He appeared one day and said lie would call 
wlien telephoned to. Did not appear thereafter. 

1 Baneri, summoned to appear March 5. Summons received in mar- 

shals ofhce kehruary 28 at 11.30 a. in. Returned by John H. Backus, deputy 
maislial, service in hands of Thomas J. IMurphy, manager of Quincv House, on 
February 28, 1919. . 

M illiain J. IVlurphy, summoned to appear March 5. Summons received in 
marshal’s oihce February 28 at 11.30 a. in. Returned by John H. Backus, 
deputy marshal, by leaving in hands of Thomas J. Murphv, manager Quincy 
House, February 28, last and usual place of abode. 

Ratrick J. Fallon, summoned to appear March 5. Summons received in 
marshal s office February 28, 1919, at 11.30 a. in. Returned by John H. Backus, 
deputy marshal, without service, having failed to hnd him or anv last and usual 
place of abode. 

(^eorge 1 alloir, summoned to aiipear IMarch 5. Summons received in mar- 
shal’s office February 28. 1919, at 11.30 a. in. Returned by John H. Backus, 
dejnity marshal, wdthout service, having failed to hnd him or anv last and usual 
place of abode. 

Prank J. Hennick, summoned to appear IMarch 5. Summons received in mar¬ 
shal’s office February 28 at 11.30 a. in. Returned by John H. Backus, deputy 
marshal, without service, having failed to hnd him or any last and usual place 
of abode. 


Martin F. Lee. summoned to appear March 5. Summons received in marshal’s 
office PYbruary 28 at 11.30 a. m. Returned by John H. Backus, deputy marshal, 
without service, having failed to hnd him or any last and usual place of abode. 

Luke McDermott, summoned to appear March 5. Summons received in mar¬ 
shal’s office P''ebruary 28 at 11.30 a. m. Returned b.v John H. Backus, • deputy 
marshal, by leaving at Hotel Lincoln, in hands of William Dempsey, clerk, on 
February 28. 

Janies J. McNulty, summoned to appear March 5. Summons received in mar¬ 
shal’s office February 28, 1919, at 11.30 a. m. Returned by John H. Backus, 
deputy marshal, service in the hands of William Dempsey, clerk. Hotel Lincoln, 
P''ebruary 28. 

Sylvester J. Tw’ohy, summoned to appear March 5. Summons received in mar¬ 
shal’s office February 28 at 11.30 a. m. Returned b.v John H. Backus, deputy 
marshal, without service, having failed to hnd him or last and usual place of 
abode. 

Walter I. Browm, summoned to appear March 5. Summons received in mar¬ 
shal’s office P''ebruary 28 at 11.30 a. in. Returned by John H. Backus, without 
service, having failed to hnd him or any last and usual place of abode. 

Michael L. Caples. Summoned to appear March 5. Summons received in 
marshal’s office February 28 at 11.30 a. in. Returned by John H. Backus by 
leaving in the hands of Thomas J. Murphy, manager of Quincy House, on Feb¬ 
ruary 28. 

Pliilip L. Caples. Summoned to appear March 5. Summons received in mar¬ 
shals’ office February 28, 1919. at 11.30 a. m. Returned by John H. Backus, 
deputy marshal, by leaving in the hands of Thomas J. IMurphy, manager of 
Quincy House, on February 28. 

Patrick H. Conley, summoned to appear March 5. Summons received in 
marshal’s office February 28 at 11.30 a. m. Returned by John H. Backus, deputy 
marshal, by leaving in the hands of Thomas J. Murphy, manager of Quincy 
House, February 28. 

James J. Cunningham, summoned to appear March 5. Summons received in 
marshal’s office February 28, 11.30 a. m. Returned by John H. Backus, by 
leaving in the hands of Thomas J. Murphy, manager, Quincy House, on Feb¬ 
ruary 28. 

Edward J. McManus, summoned to appear March 5. Summons received in 
marshal’s office February 28, 1919, at 11.30 a. m. Returned by John H. Backus, 
deputy marslial, by leaving in the hands of Thomas J. Murphy, manager, 
Quincy House, on February 28. 

John A. McLaughlin, summoned to appear March 5. Summons received in 
marshal’s office February 28 at 11.30 a. m. Returned by John H. Backus, deputy 


636 


TAGUE VS. FITZGEEALD. 


ninrsliiil, by leaving in hands of Thomas J. Miirpliy, manager, Quincy iioiise,* 
February 28. 

Frank INI. Frost, summoned to appear March 5. Summons received in mar- 
slial’s office February 28 at 11.15 a. m. Returned by John H. Backus, dep¬ 
uty marshal, by service in the hands of Thomas J. Murphy, manager of Quincy 
House, February 28. 

I'atrick H. Kane, summoned to appear March 5. Summons i*eceived in 
marshars office February 28, 11.30 a. m. Returned by John H. Backus, deputy 
niai'shal, liy leaving in hands of George \V. Hill, manager of Derby House, on 
February 28. 

Augustus O. Corbett, summoned to appear on March 5. Received in marshal’s 
otlice February 28. 1919. at 11.30 a. m. Returned by John H. Backus, deputy 
Jiiarshal, by leaving in the hands of Mrs. Cavichi, clerk of the Merrill House, 
February 28. 

John J. Dolan, summoned to appear March 5. Summons received in mar¬ 
shal's office February 28 at 11.30 a. m. Returned by John H. Backus by leaving 
in the hands of J. F. Quinn, clerk of the Hotel Ketterer, February 28. 

Alloycius J. Craig, appearing on list of March 5, already accounted for. 

Raymond J. Cass, summoned to appear March 5. Summons received Feb¬ 
ruary 28 at 11.30 a. m. Returned by John H. Backus without service, having 
failed to hnd him or any last and usual place of abode. 

John E. Duffy, summoned to appear March 5, Summons received in marshal’s 
office February 28 at 11.30 a. m. Returned by John H. Backus without service, 
having failed to find him or any last and usual place of abode. 

Joseph McDonough, summoned to appear March 5. Summons received in 
marshal’s ‘)ffice I'ebruary 28, 11.30 a. m. Returned by John H. Backus, deputy 
marshal, without service, having failed to find him or any last and usual place 
of abode. 

Robert Silverman, summoned to appear March 5. Summons received in 
marshal’s office February 28, 11.30 a. m. Returned by John H. Backus without 
service, having failed to find him or any last and usual place-of abode. 

John G. Walsh, summoned to appear March 5. Summons received in mar¬ 
shal’s office February 28, 11.30 a. m. Returned by Jobn H. Backus, deputy mar¬ 
shal, without service, having failed to find him or any last and usual place 
of abode. 

John R. Murray, appearing on list of March 5, already accounted for in prior 
list. 

IMichael Duffy, summoned to appear March 5. Summons received in mar¬ 
shal’s office B’ebruary 28, 11.30 a. m. Returned by John H. Backus, deputy 
marshal, without service, having failed to find him or any last and usual place 
of abode. 

John L. Donovan, appearing as “No response,” appeared at a later date and 
testified. 

Edward L. Flynn, summoned to appear March 5. Summons received in 
marslial’s office February 28, 1919, at 11.30 a. m. Returned by John H. Backus 
without service, having failed to find him or any last and usual place of 
abode. 

James McCaffery, summoned to appear March 5. Summons received in 
mai-shal’s office February 28 at 11.30 a. m. Returned by John H. Backus without 
service, having failed to find him or any last and usual place of abode. 

John J. Horrigan, summoned to appear March 5. Summons received Feb¬ 
ruary 28 in marshal’s office, 11.30 a. m. Returned by John H. Backus without 
service, having failed to find him or any last and usual place of abode. 

George D. McNeil, summoned to appear March 5. Summons received in 
marshal’s office February 28 at 11.30 a. m. Returned by Mr. Jobn H. Backus, 
deputy marshal, without service, having failed to find him or any last and 
usual place of abode. 

Thomas Linehan, summoned to aj^pear March 5. Summons received in mar- 
shal’s office February 28, 11.30 a. m. Return by Jobn H. Backus, deputy mar- 
slial, without service, having failed to find him or any last and usuai place 
of abode. 

John J. Quain, summoned to appear March 5. Summons received in marshal’s 
office February 28, at 11.30 a. m. Return by John H. Backus, deputy marshal, 
without service, having been unable to find him or any last and ususal place 
of abode. 

Edward J. O’Brien, summoned to appear March 5. Summons received in 
marshal’s office February 28, 1919, at 11.30 a. m. Returned by John H. Backus, 


TAGUE VS. FITZGERALD. 


637 


pSce'ot'nbode'’ '«• »”y >“«t >'*''1 »su«l 

omc“l5hn‘an"’4''? appear Marcl. 5. Summons reoeived in marshal’s 
without semiri lmvi ,“^ I'L i»arshal, 

^jee. wUiJt^li';-- -;CllV‘;iu.rirr 

shai’s'offl;?; Kehnr,',V''.s‘‘^7'^^^^ "■ received in mar- 

^ .1 b ^>mce lebinaij _8, 11.30 a. in. Ketiirn liv John H. Backus donnlv nm’- 

place of\i\^) 0 (le^'"^' unable to tind him or any last and usual 

Patrick J Sheenan, summoned to appear I\Iarch 5. Summons received in 
marshal’s ofhce February 28, at 11.30 a. m. Return bv iXi H IFickus hv 

a!-v "Mal^^lnir^^'^ f Thomas J IMurphy, manager of Quincy House, on Febru- 
7^' ^ leturn shows he served on Patrick J. Sheehan 

offlc“e hVhi'naVf "s‘‘nr'?i’«• Snmmons received' in marshal’s 
ce l ebiuai.\ -8, at 11.30 a. m. Return by John H, Backus demitv marshal 

•'Ohar^l" 1 Thomas J. Murpli-, at Quincy H,mi,”S-ua“ la ’ 

( Jiaile-s A . Intzgerald, summoned to appear March 5. Summons received in 
marsha ’s office February 2S, at 11.30 a. in. Return by .lolm H Backis depiily 
al-t’osf ’ **“'“'* C. G. Reed, clerk, Crawford House’ Felirii- 

I’atrick T Biiwen, siimiiioiied to appear March o, Siimmons received in 
mars 111 s oiiice leliruary 28, 1].,30 a, in. Return by .lolin H. Backus, deputy 
maishill served in tiie hands of C. G. Reed, clerk, Crawford House, Feliriiarv 28 
“[*'11 L Halloran, sainmoned to appear JIarcli .5. Sunmioiis received in 
mars ha s office February 28, 11,30 a. ni. Return by .rolin H, Backus, deputy 
marshal’ liy leaying in tlie hands of ,J, F. Quinn, celrk. Hotel Ketterer, Febru- 

John F. Lambert, summoned to appear March b. 'Summons received in mar¬ 
shal s oflice February 28, 11.30 a. m. Return by John H. Backus, deputy mar¬ 
shal, by service in hand of C. G. Reed, clerk, Crawford House, February 28 
. Jeremiah E. Crowley, summoned to appear [March 5. Summons received in 
marshal’s office February 28, 11.30 a. m. Returned by John H. Backus, deputy 
marshal, without service, having failed to find him and any last and usual 
place of abode, 

Charles L. Smith, summoned to appear March 5. Summons received in mar¬ 
shal s (dfice Fel)iuaiy 28, 11.30 a. m. Retiirn by John H. Backus, deputy mar¬ 
shal. Service in hand of John F. Quinn, clerk of Hotel Ketterer, Feiwuary 28. 

Patrick Leonard, summoned to appear IMarch 5. Summons received in niar- 
shal’s office February 28. 11.30 a. m. lieturn by John H. Backus, deputy mar¬ 
shal, without service, being unable to find him or anv last and usual place of 

abode. 


Henry F. IMoran, summoned to appear IMarch 5. Summons received in mar¬ 
shal’s office February 28, 11.30 a. m. Return by John H. Backus, deputy mar¬ 
shal, without service, having been unable to find him or last and usual place 
of abode. 

John IMcGowan, summoned to appear March 5. Summons received in mar¬ 
shal’s office February 28, at 11.30 a. m. Return by John H. Backus, deputy 
marshal, without service, having been unable to find him or last and usual 
place of abode. 

Representative Dennis Reardon, summoned to appear March 5; received in 
marshal’s office February 28, at 11.30 a. m. Returned by Thomas J. Pyne, 
deputy marshal, without service, having made diligent search at 88 Calumet 
Street; failed to find him, 

Thomas J. Giblin, appearing on list of March 5, testified. 

Richard A. Nagel, summoned to appear on IMarch 5, Summons received in 
marshal’s office February 28, at 11.30 a. m. Return by John H. Backus, with¬ 
out service, having failed to find him or any last and usual place of abode. 

John McGrath, summoned to appear March 5. Summons received in marshal’s 
office February 28, at 11.30 a. m. Returned by Christopher Gilhoni, deputy 
marshal, by leaving in the hands of F. G. Perkins, clerk. United States Hotei, 
his last and usual place of abode, on February 28. 

Thomas D. Hallahan, summoned to appear March 5. Summons received in 
marshal’s office February 28, at 11.30 a. m. Return by John J. Backus, deputy 


638 


TAGUE VS. FITZGERALD. 


marshal, without servico, havings boon unable to find him or la.st and usual 

place of abode. . . 

Cornelins Driscoll, summoned to appear March 5. Summons received in 
marshal’s'office February 28, 11.30 a. m. Returned by John H. Backus, deputy 
marshal, without service, being unable to find him or last and nsnal place of 
abode. 

.Tobn J. Scanlon, snmmoned to appear INIarcb 5. Summons received in 
marshars othce 'February 28, 11.30 a. in. Return by John J. Backus, deputy 
marshal, without ^■ervice, search being made at Revere House, and unable to 
find him or last and nsnal place of abode. 

William E. Ryan, snmmoned to appear March 5. Snnnnons received in 
marshal’s office February 28, at 11.30 a. m. Return by John J. Backus, deputy 
marshal, vlthont service, search being made at Revere House, and unable to 
find him or last and nsnal place’of abode. 

Dennis Reardon. Revere House, snmmoned to appear IMarch 5. Summons 
received in marshal’s office February 28, at 11.30 a.‘ m. Returned by John H. 
Backus, deputy marshal, without service, having been unable to find him or last 
and nsnal place of abode. 

Frank P. Leslie, snmmoned to appear March 5. Summons received in 
marshal’s office February 28, 11.30 a. m. Itetnrn by John H. Backus, deputy 
marshal, without service, having been unable to find him or last and nsnal 
place of abode. Search at Revere House. 

INIichael J. Lafferty, snmmoned to appear IMarch 5. Summons received in 
marshals’ office February 28, at 11.30 a. m. Return by John H. Backns, deputy 
marshal, without service, after search at the Revere House, and being nnable 
to find him or last and nsnal place of abode. 

William F. Kennedy, snmmoned to appear IMarch 5. Summons received in 
marshal’s office Febrnnry 28, 11.30 a. m. Return by John H. Backns, deputy 
marshal, without service, having been nnable to find him or last and nsnal 
place of abode. Search at Revere House. 

John B. Hennick. snmmoned to appear iMarch 5. Snmmons received in 
marshals’ office February 28, 11.30 a. m. Returned by Jobii H. Backns, deputy 
marshal, without sei-vice, after search at Revere House, and failed to find him 
or last and nsnal place of abode. 

Thomas F. Reilly, snmmoned to appear March 5. Snmmons received in 
marshal’s office February 28, 11.30 a. m. Return by John H. Backns, deputy 
marshal, without service, having l^een nnable to find him or last and nsnal 
place of abode; 

Dennis J. Leary, snmmoned to appear IMarch 5. Snmmons received in 
marshal’s office February 28, 1919, 11.30 a. m. Return by John H. Backns, 
deputy marshal. Service in hands of C. G. Reed, clerk of Crawford House! 
Febrnary 28. 

Stephen F. Carlin, snmmoned to ap]iear March 5. Snmmons received in 
marshal’s office Febrnai-y 28, 1919, 11.30 a. m. Return by John H. Backns, 
deputy marshal, without service, having been nnable to find him or last and 
nsnal place of abode. 

Fred L. Ross, snmmoned to appear March 5. Snmmons received in marshal’s 
office Febrnary 28, 11.30 a. m. Returned by Christopber Cilhoni depntv 
marshal, served in the hands of John Reynolds, assistant clerk Rossmore 
Hotel, Febrnary 28, 1919. 

George L. Sullivan, snmmoned to appear March 5. Snmmons received in 
marshal’s office Febriiary 28, 1919, 11.30 a. m. Return by John H. Backns 
deputy marshal, service in hands of C. G. Reed, clerk of Crawford Honsp' 
Febrnary 28. ' ’ 


Park B. Wile, snmmoned to appear March 5. Service received in 
marshal’s office Febrnary 28, 1919, 11.30 a. m. Return bv John H. Backns 
deputy marshal, served on C. G. Reed, clerk, Crawford House Febrnarv ‘^8 ’ 

Thomas R Ward, summoned to appear March 5. Summons receiVed'in 
marsha s’ office February 28, 11.30 a. m. Return by .Tobn H. Backus demitv 
abode® ’ I’a'-ihg toiled to find him or last and usual place of 

Thomas B. Ward, intended for Thomas F, Ward', summoned to appear iMarch 
4. Summons received in marshal’s office February 27, 10.30 a. m Retur 
-T. lyne, deputy marshal, in hands of his daughter Ethel 18 Tindpn 

Febrnary 27. Face of snmmons, “Thomas B Ward 
19 Causeway Street; 18 Linden Park Street, Roxbnry.” 


TyVGUE VS. FITZGEKALD. 


639 


Owen Tirrell, sunimoued to appear March 5. Summons received in marshal’s 
ofnce h ebruary 28,11.30 a. m. Return by John H. Backus, deputy marshal, service 
in hands of C. G. Reed, clerk, Crawford House, February 28. 

Bartholomew Hag’erty, summoned to appear INlarch 5. Summons received in 
marshal s office February 28, 11.30 a. m. Return by John H. Backus, deputy 
marshal, without service, having made search at Hotel Central, and failed to 
find him or any last and usual place of abode. 

Charles Mayer, summoned to appear March 5. Summons received in mar¬ 
shal s office February 28, 11.30 a. m. Returned by John H. Backus, deputy 
maisha , ^^ithout service, search at Hotel Central; unable to lind him or anv 
last and usual place of abode. 

Richard J. Keaney, appearing on list of March 5, should have been Richard 
J. lvea\iie>. Summoned to appear IMarch 5. Summons received in marshal’s 
olhce 1 ebruary 28, 11.30 a. m. Returned by John H. Backus, deputy marshal, 
without service, after search at Hotel Central and unable to hnd him or any 
last and usual place of abode. 

Harry Swartz, summoned to appear March 5. Summons received in marshal’s 
office February 28 at 11.30 a. m. Returned by John H. Backus, deputy mar¬ 
shal, without service. Ihiab’e to find him or any last and usual place of abode. 

, John B. Mc:\Ianus. Summoned to appear March 5. Summons received in 
marshal’s (filice February 28, 11.30 a. m. Returned by John H. Backus, deputy 
marshal, without service, after search at Hotel Central, and being unable to find 
him at last and usual place of abode. 

Ernest M aldron, summoned to appear IVIarch 5. Summons received in mar¬ 
shal’s office February 28, 11.30 a. m. Returned by John H. Backus, without 
service, having made search at Hotel Central and failed to find him or any 
last and usual place of abode. 

John 1\. Morton, summoned to appear IMarch 5. Summons received in mar¬ 
shal’s office February 28, 1.30 p. in.. Hotel Royal. John W. Morton, appearing 
on list of IMarch 5 as not responding, rose and gave his name in open court, as 
appears on page 1100 of the stenographic report. " 

M alter H. Lockman, appearing on list of March .1 as not responding. Sum¬ 
mons not produced. 

Patrick F. Comber, appearing on list of IMarch 4 as not responding, re¬ 
sponded on March ;1. as per record. 

Thomas H. Corcoran, appearing on list of IMarch 4 as not responding, re¬ 
sponded on IMarch o, as appears from the record on page 1106. 

Cyrus X. Campbell, appearing on list of March 4 and not responding, re¬ 
sponded on IMarch 5, as per record on page 1106. 

Arthur W. Pierce, summoned to appear on the 25th day of February. Sum¬ 
mons received in marshal’s office February 20, 11.30 a. m., served by Charles 
A. Farrell, deputy marshal, by leaving in the hands of IMaude Stanton at 43 
Lynde Street. 

Otto Heller,' appearing on list of March 4 as “ Otto Keller,” summoned to 
appear March 4. Summons received in marshal’s office February 27, 10.30 
a. m. Returned by John H. Backus, deputy marshal, without service, having 
been unab’e to find him or his last and usual place of abode. 

Samuel B. Dunn, appearing on list of IMarch 4 as “ Samuel P. Devine,” sum¬ 
moned to af)pear March 4. Summons received in marshal’s office February 27, 
12 o’clock noon. Returned by John H. Backus, deputy marshal, without serv¬ 
ice, having failed to find him or his last and usual place of abode. The face 
of the summons bears the following: “Bring with you register of Hotel Bow- 
doin for the days from March 24 to April 1, 1919.” 

Capt. Richard Fitzgerald appeared and testified. Officer CorneMus J. Shea 
appeared and testified. Officer Tomlinson appeared.and testified. Officer John 
N. Eaton appeared and testified. Officer Warren Underhill appeared and testi¬ 
fied. Herbert Boynton appeared and testified. Edward Grey appeared and 
testified. William A. O’Brien appeared and testified. Cornelius J. Shea ap¬ 
peared and testified. George AY. Girvan, appearing on list as George AA\ Gen- 
nan, appeared and testified. AVilliam A. Healy appeared and testified. Augustus 
Runcie appeared and testified. Thomas Quigley appeared and testified. Dennis 
O’Neil appeared and testified. John J. Callahan appeared and testified. 

David Stone appeared and testified. AAndiam F. Murray appeared and testi¬ 
fied. John Gibbons, appeared and testified. Thomas Buckley, 66 Saratoga 
Street, Boston, appeared and testified. Daniel Conley, navy yard, appearing 
on list dated February 17, was not summoned and did not appear. D. Mahoney.. 
Hotel Davis, AAhashington Street, appeared and testified. John Cierry, 469* 


640 


TAGUE VS. FITZGERALD. 


Shawmiit Avenue, intended for .lolin Curry, was summoned. Frank Goodwin, 
19 Milk Street, appeared and testified. Joe Desmond, 5G Chescent Avenue, 
summons not ])roduced. Petitioner's counsel states that he appeared and was 
excused bj' his notary. 

Allan Farnham appeared and testified. John J. Howell, 1435 Washinj>:ton 
Street, Boston, was not summoned. Henry V. Cunningham appeared and testi¬ 
fied. Frank J. Barry appeared and testified. William A. Murray, appearing on 
list dated February 21, appeared and testified. Isaac Gordon, 492 Tremont Street, 
appeared and testified. Edward .1. O’Brien, IGO Falcon Street, appeared and 
testified. Abraham E. Halparin ai)peared and testified. Mrs. John .1. Graham, 
153 Princeton Street, East Boston, summoned to appear February 24. Received 
summons in marshal’s office February 19, at 12 o’clock noon. Returned by John 
H. Backus, deputy marshal, service in hand on February 19. 

Mrs. Frances Aldus appeared and testified. 

IMrs. Keenan, 25 Henshaw Street, suinmoned to appear on the 24th of Feb¬ 
ruary. Summons received in marshal’s oflice; no time stated. Service in hand 
by John H. Backus, deputy marshal, February 19. Produced doctor’s certificate. 

Mother of Dennis J. IMurphy appeared and testified. 

.Tohn F. Meehan, 1250 Dorchester Avenue, summoned to appear on the 24th 
of February. Summons received in marshal’s office February 19, 12 o’clock noon. 
Returned by John H. Backus, deputy marshal, leaving at his last and usual 
place of abode, 12G0 Dorchester Avenue, on February 19. 

]Mrs. .Tohn S. IMoylan, summoned to appear on the 24th day of February. 

' Summons received in marshal’s office on February 19, 12 o’clock noon. Return 
by John H. Backus, deputy marshal, in hand, on February 19. 

Thomas H. Glynn appeared and testified. Mrs. William .T. Thornton appeared 
and testified. IMrs. .Tames T. Leveroni appeared and testified. 

William J. Bonning, 15 CJaxton Street, Roslindale, summoned to appear T^eb- 
ruary 24. Summons received in marshal’s office February 19, at 12 o’clock noon. 
Returnc^l by John H. Backus, deputy marshal. Servc^cl at his last and usual 
place of abode at 15 Claxton Street, Roslindale, dated February 19. 

Summoned again for March 1. Summons received February 25: no time of 
day. Returned by Thomas .T. Pyne, deputy marshal, by leaving'in hands of wife, 
Eva Bonning, on Februry 25. 

Mrs. Ph*ances Downey, 4093 Washington Street, Roslindale. Summons not 
produced. 

IMrs. Catherine Crowley appeared and testified. Mrs. Elizabeth Mulvehill; no 
summons produced. 

Leo Spellman, already accounted for. Summoned to appear February 24. 
Summons received in marshal’s office on February 19. Served in hand in Cam¬ 
bridge on February 19. Returned by George A. Crockwell, deputy marshal. 

Mrs. .Tohn .T. Tjavin, 2.5 Rodman Street, .Tamaica Plain. Summons not pro¬ 
duced. 

Bartholomew McGowan, 107 William Street, Jamaica Plain. • Summoned to 
appear on the 24th day of February. Summons received in marshal’s office 
Tebruary 19 at 12 o clock noon. Return by John H. Backus, deputy marshal, in 
hand; service on February 19. • ‘ ’ 

IMrs. Michael O’Connor, 4G Walnut Park, Newton, excused by attorney for 
IMr. Tague. Husband testified in her stead. Mrs. John B. A'aiente appkired 
and testified. IMrs. George Mooney appeared and testified. 

IMrs. Mary R. Stevenson, 42 Beach Road, AVinthrop, summoned to appear 
February 24. Summons received in marshal’s office February 19, 12 o’clock 
noon. Returned by .Tohn H. Backus, deputy marshal, by leaving at last and 
usual Dlace of abode, 42 Beach Board, in hands of John Brooks, an adult. 

Mrs. .E R. AATlliams, 42 Beach Tioad, AATnthrop, summoned to appear P’ebruary 
24. Summons received in'marshal’s office February 19, 12 o’clock noon. Re¬ 
turned by John H. Plackus, deputy marshal, left at last and usual place of abode 
42 Beach Road, AATnthrop. ’ 

IMrs. Libby, G2 Coral Avenue, AATnthrop, sent a sworn doctor’s certificate' 
unable to attend. ’ 

Airs. Krovitz, 71 Alyrtle Street, summoned to appear February 24. Summons 
received in marshal’s office February 19, 12 o’clock noon. Returned by Charles 
A. Bancroft. Served in hand February 19. 

Clerk, Atlantic House, 13 Cambridge Street, answered the call, but did not 
testify. Summoned to appear February 24. Does not show when received in 
marshal s office. Returned by Charles A. Bancroft, service by leaving at Altantic 
•House, last and usual place of abode, in hands of wife, on February 19, 


TAGUE VS. FITZGERALD. 


642 


Mrs. Dacey, both excused by notary for 


Summons 
by Charles 


. INIrs. Brady, 17 Wharf Street, and 
^Irs. Tasnie. 

Mrs. M bite, 26 I.ynde Street, summoned to appear on February *>4 

19. 12 o’clock n“n Rrt,u-n2l 
M iu liand February 19. 

mons’^recehed in’ maJi'lc,' ® ® J;'"”'‘''»^ed to appear February 24. Sum- 

b\\'hnr le« r K„ IN (,Hice Pebniary 19, 12 o’clock noon. Returned 

■\lVs‘ JRKtnnmf >'idid Febrnary 19. 

Gibbons W Alhwnnlue anil testitted. Mrs. Kathleen 

iTinnons, ij Albemaile Street, appeared and testified. Adeline .T Carel/en ‘in 

peared and testified. Abbie Clark, 24 Cambridge Street, no snnnnon.s pro: 

Saiab L. Smith, 48 AIcLean Street, summoned to aiipear Feliruary ‘M 

ln"charfesT'February 19, 12 o’elick noon. Reti'irned 
"^'i deputy marshal. Seryice in hand February 19 

JMis. Hannah Donoyan appeared and testified. Mother of Noah Perry 1104 
Saratoga Street, presented a doctor’s certificate. 

Mrs Hollander, 84 Femyay Street, summoned to appear the 24th of Febru- 

hv February 19. No time. Returned 

b.\ Chailes A. Bancroft, deputy marshal. Seryice by leaying copy at last 
and usual place of abode in hands of her son Feliruary 19. 

Mrs. Mary Hart, 25 Irying Street, summoned to appear February 24 Sum- 
mons received in marshal’s office February 19, 12 o’clock noon. ‘ Return by 
( harles A. Bancroft, deputy marshal. Delivered in hand February 19. 

Isaac Bornstein, no summons produced. Mrs. Hazelin appeared and testified. 
James B. McKenna, 36 Hancock Street, summoned to appear on the 24th 
of February. Summons received in marshal’s office February 19 12 o’clock 
noon. Service returned by Charles A. Bancroft, deputy marshal, leaving at 
last and usual place of abode, 36 Hancock Street, February 19. 

Mrs. Clemons appeared and testified. 

Mrs. Janies McGonnagle, 93 Binny Street, Boston, summoned to appear on 
the 24th of February. Summons received in marshars office February 19 12’ 
o’clock noon. Returned by Thomas J. Pyne, deputy marshal. Service ‘in hand 
February 19. 

Mrs. Ellen Wilson appeared and testified. 

Mrs. Frank Smith appeared and testified. Mrs. John Hurlay appeared and 
testified. Nellie Lomasney appeared and testified. Mrs. Lyons, Corey Street,, 
Charlesto^yn, appeared and testified. 

Mrs. Nora Brown, 3 Prospect Street, testified. 

Mrs. Helena Doherty, 195 Main Street, summoned to appear on February 24. 
Summons received in marshal’s office February 19, 12 o’clock noon. Return 
by John H. Backus, deputy marshal, in hand on February 19. • 

Mrs. Callahan, 7 Mansfield Place, summoned to appear the 4th day of March. 
Name appears on the list of February 24. Summons received in marshal’s 
office February 19, at 12 o’clock noon. Returned by Benjamin J. Scully, deputy 
marshal; diligent search failed to find her or last and usual place of abode. 
(Adjourned to 10 a. m., Tuesday, April 8, 1919.) 


Apkil 8, 1919. 

Testimony taken in room 443, Federal Building, Boston, Mass., Tuesday,, 
April 8, 1919, at 10.25 a. m., before David Mancovitz, Esq., presiding, and 
Abraham C. Berman, Esq., as notaries public. 

Counsel: Joseph F. O’Connell, Esq., and Arthur Harrington, Esq., for the 
contestant. John P. Feeney, Esq., and Timothy F. Callahan, Esq., for the con- 
testee. 

Mr. Callahan. Will those persons who were summoned for this morning 
come forward and be sworn? 

Mr. Harrington. Can’t they stand where they are? 

(The oath was administered to five witnesses, standing, by Notary Man¬ 
covitz. ) 


PATRICK F. GOGGIN, sworn. 

By Mr. Callahan : 

(}. What is your name, please?—A. Patrick F. Goggin. 

(). You are a captain in the Boston fire department?—A. Yes, sir. 


122575—19- 


41 



642 


TAGUE VS. FITZGERALD. 


(}. How long have you been a captain in the tire department, or how long 
have yon been in the Boston tire department?—A. About 26 years. 

(h You have been there 26 years?—A. Next month, the 7th-- 

Q. Where do you live, Captain?—A. 21 Monument Square. 

(i. For how long have you lived at 21 Monument Square?—A. Since 1914. 

Q. Since 1914?—A. 1914. 

Q. And have you lived there regularly?—A. Off and on. 

Q. Off and on ?—A. Off and on. 

Q. You are married?—A. I am married. 

(h And you have some children?—A. Four children. 

Q. And your wife and four children don’t live in Monument Square, do 
they?—A. No, sir. 

Q. They live in Somerville?—A. My wife lives in Somerville. 

Q. And your children live there, too?—A. Yes, sir. 

Q. Your children go to the Somerville schools?—A. One of them. 

Q. One of them? And the others went to the Somerville schools formerly, 
didn’t they?—A. Charlestown. 

Q. At some time, didn’t all your children go to the Somerville schools?—A. 
No, sir. 

Q. How long have your wife and children been living in Somerville‘S—A 
Since 1914. 

Q. 1914. Now, you were sick recently, weren’t you. Captain?—A. Y’es, sir. 

Q. And you were attended by a physician?—A. Yes, sir. 

Q. The physicial came to your house in Somerville,’ didn’t he?—A. He came 
to my house in Somerville. 

Q. How long have you been in a liouse in Monument Square?—A. Well, I 
have stood there in the summer time between July and September. 

Q. Yes.—A. Off and on. 

Q. Off and on?—A. I have used the room- 

Q. Off and on between July and September?—A. And September. 

Q. And at any other i^art of the year?—A. Y"es; I stood there the spring of 
the year. ® 

Q. In the spring of the year?—A. In the spring of the year. 

Q. For how long would you stay there in the spring of'the vear, Captain's_A 

Oh, overnight. 

Q. Overnight*?—A. l^es. 

Q. That is, the night of the last of March or 1st of April?—A. Somewhere 
around that part of it. 

Q. And that was in order to be listed and registered in Boston?—A. In order 
to be registered and listed in Boston. 

Q. So that you could vote in Boston?—A. So that I could vote in Boston. 

Q. Y"our telephone number in Somerville is Somerville 4575-M, isn’t it?_A. 

The telephone in the house is that number, but it isnt’ mine. 

Q. The telephone is in the name of your wife?—A. No. 

Q. Lillian J. Goggin. Who is she?—A. She is my daughter. 

Q. She is your daughter?—A. Yes. 

Q. Is she married?—A. No, sir. 

Q. She lives with your wife and rest of your family?—A. Yes sir. 

Q. Now, 21 Monument Square; whose home is that?—A. Mrs Tagme’s 

Q. And Airs. Tague, that is the wife of the Congressman?—A The wife of 
the Congressman. 

Air. Callahan. I guess that is all. , 


Cross-examination by Air. O’Connell: 

^ Q. Captain, did you vote at the State election last year?—A. Last year? 
(}. Or the primary election?—A. No, sir. 

Q So you did not vote at either the congressional primary or congressional 
election last year?—A. No; I'did not. 


Redirect examination by Air. Callahan : 

before that, you did vote from that house?—A. 

i I liaven’t voted; these last two veai'S, I liaven't 

voted from Charlestown, or any other place. 

I’ecords I think will show. Captain, you voted in 1917, 1916, 1915, and 

n 7 H 1917 I not think I did 

Q. s theie any leason why you did not vote this past year?—A. Not at all 
Aly wife was not feeling very well, I think, that day. 




TAGUE VS. FITZGERALD. 


643 


Q. That (lay you were livinsj in Somerville?—A. That ciav I was livine- in 
Somerville, and I sot home ns quick as I could. ‘ ® " 

Q. Yes.—A. No reason at all, that I know of. 
tionsv-I'N^uo; l\®o''uotVduiri“lmve^^^^^^ both' at primaries and eiec- 

Mrs‘G,S'’r‘?' anywaV Sryo^rexcu'se 

I ""’ill only take a few minutes. 

is nit feeihiriiry\vin.'''’ "ere. She 

a m-tiflii'tei''''’'’' “““ '•«'0‘-<ls, bring in 

Mr. O’Connell. All right. We wili do that. That is all, Captain. 

TIIMOTHY F. manning, sworn. 

By Mr. Callahan : 

Q. What is your name?—A. Timothy F. Manning. 

Q. You are a clerk on the listing hoard?—A. Yes, sir. 

Q. And you have charge of the listing hooks in your office?—A. Yes sir 

the^'names-Tiih.'iluimiflf ftavi"'* 

ran-icrF. Gi;;iiT.i;‘YS','‘sir““ of 

f™™ »■' t"o 1st of 

Ar • 4, precinct 5, 21 Monument Square. 

pIeitse^A riSine'‘L:’Tagil"’ informant, 

Q. Josephine-A. L. Tague. 

Q. L. Tague.—A. Or “ T.”'Tague. It may be Josephine T. 

Q. Or L. ?—A. Y^es. , ; 

Q. Tague.—A. I should say it was “ L.” 

Q. Now, those cards are made out by the police officers who take the names 
from the informants in the house. Is that so?—A. Yes. 

,. y®” fiy® —bnve you with you the card relating to the police 

IistiiLg of Martin .1. Tiirnhiil ?-A Yes, sir Ward 4, precjnct 7, 47 Corev S??eet 

tlmt cise?-! Mai^A. Tagiil informant in 

Q. Mary A. Tague. Have you the card there—will vou give us the infor¬ 
mation relating to Austin J. Tiiriihull or Austin Turnbull, whichever it mav 
be?—A. MTard 4, precinct 7, 47 Corey Street. Austin P. Turnbull. 

Q. AikI the name of the informant in that case?—A. Mary A. Tague. 

Q. Will you give us—have you the card there relating to the police listimr of 
MTlliam Taylor?—A. Ward 2, precinct 4, 40 Chelsea Street. William Tavlor 
foreman, newspaper. * ’ 

Q. And the name of the informant, please?—A. Mary Taylor. 

Q. In the case of Taylor?—A. Mary Taylor. 

Q. Mary Taylor. Now, in the case of Mar.tin J. Turnbull, does it indicate 
what his business is?—A. Superintendent. 

Q. Is that all?—A. Yes. 

Q. In the case of Austin or Augustus Turnbull, does it indicate what his 
business is?—A. Engineer. 

Q. Now, have you the card relating to the police listing of Joseph L. Kane*?— 
A. Yes, sir. 

Q. Give us that.—A. Ward 2, precinct 3, 103 Meridian Street. Joseph L 
Kane, clerk. 

Q. The name of the informant, please?—A. Mary McGrath. 

Q. Did I ask you to bring the cards of any other cases? Have you now 
brought all the cards I asked for in the summons?—A. l^es, sir. 

Q. Now, may I see that blue card [indicating] for just a minute?—A. (IVit- 
ness hands counsel card indicated.) 

Mr. Callahan. Or green card, rather. 

IMr. O’Connell. No questions. 


644 


TAGUE VS. FITZGERALD. 


MARTIN .1. TURNBULL, sworn. 

By Mr. Callahax : 

(}. Wliat is your name?—A. Martin J. Tnrnbnll. 

Q. AVhat is your business?—A. I am superintendent of the ropewalk at the 
navy vard. 

Q. Will you speak up. please, so that the stenographers can hear? Are you 
related in any way to Congressman Tague?—A. Yes. sir. 

Q. And what is that relationship?—A. First cousin. 

Q. First cousin? You live in Somerville, don’t you?—A. 47 Corey Street, 
Charlestown. 

Q. You live at 47 Corey Street, Charlestown?—A. Yes. sir. 

Q. And how long have you lived at 47 Corey Street?—A. I was horn and 
brought up there, and have lived there at times all my life. 

Q. You lived there at times all your life?—A. Yes, sir. 

Q. Your wife doesn’t live there?—A. At times; yes, sir. 

Q. At times?—A. Yes. sir. 

Q. AVill you tell us what times during the past year your wife lived at 47 
Corev Street?—A. I couldn’t tell specifically. 

O.'What is that?—A. I couldn’t tell them regularly, but she has been there 
and lived there. 

(}. Has she ever been there with you?—A. Yes, sir, 

Q. And lived there with you?—A. Well, at times; yes, sir. 

Q. What time? Tell us one time within the past year that she lived there 
with you.—A. I couldn’t mention the dates. 

Q. Well, approximately, Mr. Turnbull.-A. Well, she was there last summer. 
That is, in the early spring she was there. 

Q. She was there? And by “early spring,” what do you mean? Around the 
l.st of April?—A. Yes, sir. 

Q. For how long did she stay there?—A. Well, at that time she only stayed 
there a couple of days. I was over myself after that. 

Q. Have you any children?—A. YYs, sir. 

Q. Cne?—A. Yes, sir. 

Q. Did your child live there with you, too?—A. Yes, sir. 

Q. How old is your child?—A. Twenty years old. 

Q. Oh, 20. Twenty years old?—A. Yes, sir. 

Q. He lives in Somerville, too, with you?—A. Sometimes. 

Q. Most of the year?—A. “He” is a girl. 

Q. AVhat do you mean by “at times,” Mr. Turnbull?—A. AATiat do I mean? 
I mean at times, different times throughout the year. 

Q. Now, is there any reason why you should go over there to live at times 
throughout the year when you have your own home in Somerville?—A. AV^ell, I 
consider that my hoipe—47 Corey Street. 

Q. You consider that your home?—A. Yes. 

Q. As a matter of fact, that is the home of Mrs. Tague, isn’t it?—A. No, 

Q. AATiat is that?—A. No; she lives there. 

Q. She lives there?—A, Yes. 

Q. And when you go to live at 47 Corey Street, you go to live in Mrs. Tague’s 
apartment, don’t you?—A. No. 

Q. Where do you go?—A. My own. 

Q. Do you mean to say you have an apartment there?—A. Yes, sir. 

Q. A furnished apartment?—A. Yes. 

Q. How many rooms?—A. Seven. 

Q. Seven rooms?—A, Five rooms. 

Q. Now, let us understand. You have five rooms furnished at 47 Corey 
Street. How many rooms have you furnished in Somerville?—A. Five. 

Q. Five rooms in Somerville?—A. Yes. 

Q. So that sometimes you live in Somerville?—A. Yes, sir. 

Q. And sometimes you live in Corey Street, Charlestown?—A. Y'es, sir. 

Q. You can’t tell us now just what times you live at Corey Street, Charles¬ 
town, can you, except the 1st of April?—A. AA'ell, I myself lived there a gi’eat 

deal through—in fact, I lived there myself- 

, Mr. O’Connell. Let him answer. 

Mr. Callahan. Oh, that is all right. 

Q. Are you there as a matter of convenience, in connection with your busi¬ 
ness?—A. At times; yes, sir. 



TAGUE VS. FITZGERALD. 


645 


Q. So they can get you easily whenever they want you?—A. Well, at times 
the past two years I have had to work late—very late at night—until 1 o’clock 
in the morning at times. 

Q. Now, if they wanted you in the yard, they telephone for you, wouldn’t 
they?—A. Yes. 

Q. Yes. You haven’t any telephone at 47 Corey Street?—A. There is a tele¬ 
phone there. 

Q. You haven’t any telephone there?—A. No; but there is one there. 

Q. Will you please answer my question? You haven’t anv telephone at 47 
Corey Street?—A. No. 

Q. But you have a telephone in Somerville?—A. Y^es. 

Q. That telephone is in your name?—A. Yes. 

Q. That telephone is number, Somerville 2409-W?—A. Yes, sir. 

Q. That is your telephone number in Somerville, isn’t it?—A. Yes. 

Q. You haven’t any telephone in Charlestown?—A. Personally, no. 

Q. Now, does your girl go to school?—A. Yes. 

(}. Where?—A. Boston. 

Q. Where in Boston does your girl go to school?—A. Boston Normal School. 

Q. Did she go to the Somerville High School?—A. Never. 

Q. Never did?—Is there anybody else that lives in this apartment besides you 
in Charlestown?—A. My brother. 

Q. What is your brother’s name?—A. Augustine P. Turnbull. 

Q. Augustine P. Turnbull?—A. Yes, sir. 

Q. Is he married?—A. No, sir. 

Q. He is not married? Will you please tell us—do I understand now that 
this house in Charlestown is an apartment house?—A. No; it is a large old- 
fashioned house. 

Q. But it is divided into apartments?—A. No. 

Mr. O’Connell. He will describe it. 

Mr. Callahan. Wait. 

Mr. O’Connell. You interrupt him. 

Mr. Callahan. He answered “ No.” 

Mr. O’Connell. He was going on when you- 

Q. Now, tell us—will you please tell us if that is so—how you kept an apart¬ 
ment of five rooms?—A. This house is an old-fashioned house, and my mother 
and INIr. Tague’s mother were sisters, and they came to live there 50 years ago. 

Q. l^es.—A. And each had rooms—each family had rooms in the house. At 
times, we practically lived together. 

Q. Yes. A. And my mother had hers and Mrs. Tague had hers. 

Q. Speak up, please. I can’t hear you. I don’t believe they can hear you. 

I can’t. 

Mr. O’Connell. I can hear him, all right. 

The Witness. Those rooms remain the. same to-day. INIrs. Tague has her 
apartment and I have mine. 

Q. Yes, Now, your wife goes there with you on the 1st of April?—A. Yes. 

Q. You go there on the 1st of April to retain your voting residence in Boston? 
That is so, isn’t it?—A. I make that a point; yes, sir. 

Q. Now, will you tell us, if you can, Mr. Turnbull, why it is that Mrs. Tague 
gives your name on the 1st of April, and not your own wife?—A. Well, we 
leave it there with her, and she is at home there all the time, and she hap¬ 
pened to be the one that gave it when the policeman called. 

Q. lint, if your wife was there, she would give it, wouldn’t she?—A. She 
would ; yes. 

Q. When Mrs. Tague gives it, it is because your wife isn’t there?—A. Well, 
because whoever goes to the door first will give it. They are all made out. 

Q. Who owns this house, Mr. Turnbull?—A. It was my mother’s house, and 
is in my brother’s name. 

Q. Your brother? In your brother’s name now?—A. Y"es, sir. 

Q. That is your brother, Augustus?—A. Augustine. 

Q. Augustine?—A. l>s, sir. 

Q. Will you tell us, please, where Mrs. Turnbull is now?—A. I believe she is 
at home. Probably she is home in Somerville. She might be out. She was 
there this morning. 

Q. Was she there last week?—A. No; she was not there last week. 

Q. Si)eak up, please.—A. No; she was not. 

Q. Will you tell us where she was last week?— A. She was at 47 Corey 
Street a part of the time. 



646 


TAGUE VS. EITZGERALD. 


Q. At 47 Corey Street?—A. Yes. 

(^). Were you there at 47 Corey Street part of the time?—A. Yes, sir. 

Q. AVere you at 47 Corey Street last night?—A. No. 

Q. You were in Somerville last night?—A. I was in Somerville last night. 

Q. Your wife was there, too?—A. Yes. 

Q. AAhis your daughter?—A. Yes. 

(}. You know you are listed in the Somerville directory, don’t you?—A. No; 
I didn’t. 

Q. You know that you are not listed in the Boston directory?—A. I thought 
I was. 

Mr. Callahan. All right. AVe will show you are not. 

Cross-examination by Mr. O’Connell: 

Q. Just a few questions, Mr. Turnbull. This house, 47 Corey Street, is where 
you live part of the time?—A. l^es, .sir. 

Q. And from where you vote is the house you were born in?—A. Yes, sir. 

(h And where you lived up to the time you were married?—A. Yes, sir. 

Q. And for many years after your marriage you have lived there?—A. AVell, 
I kept in close touch with the house at all times, 

Q. And you have the equitable interest in the title of that house?—A. Yes, 
sir. 

Q. And you own the furniture in the house?—A. I own the furniture in the 
house. 

Q. And you pay the hills?—A. AAdiatever bills that are to be paid, I pay them. 

Q. Yes. You took the matter up of your re.sidence with the Boston election 
commissioners?—A. Yes, sir. 

Q. And did the Boston election commissioners decide that- 

Mr. Callahan. AA'ait, wait. 

Q. (Continuing.) Your residence was in Boston? 

Mr. Callahan. I object to that. 

Notary IVIancovitz, AVhen was this? AA^hat period? 

Q. AATll you answer the question? 

Notary Mancovitz. Note Mr. Callahan’s objection. 

The AVitness, Yes, sir. 

Q. AVhat commissionner did you take the matter up with?—A. Commissioner 
Murphy. 

Q. How did you happen to take the matter up with Commissioner Murphy?— 
A. I went to him and explained my position and my condition, and I was 
assessed in Somerville. 

Q. Did Commissioner Murphy decide the matter?—A. I do not know who 
gave my name in Somerville. 

Q. I am asking you did he make a decision on the question?—A. He made a 
decision. 

Q. Did he have charge of the fir.st six wards of the city?—A. He said so * 
yes. 

Q. Your ward is 3?—A. 4. 

Q. And after hearing what you stated, he told you you were rightly registered 
in Boston?—A. He told me I was rightly registered iq Boston. 

Q. And when you found you had been assessed in Somerville, you went there 
and the Somerville assessors corrected that and took you off" that list?—A. 
Corrected me and took me off that list. 

Mr. O’Connell. Now, I think that is all. 

Redirect examination by Mr. Callahan : 

Q. Now, Mr. Turnbull, have you always voted in Boston?—A. Always. 

Q. Always? Is it true you have always voted from this house?—A. No, sir. 

(}. You voted from some other house in Boston?—A. Some other house in 
Charlestown. 

Q. Charlestown?—A. Yes. 

(h AAJiat other house in Charlestown did you vote from?—A. From 284 
Bunker Hill Street. 

Q. From 284 Bunker Hill Street?—A. Yes, sir. 

Q. AVhen did you do that?—A. AVhen I resided there. 

Q. Of course, when you resided there, but when was it?—A. That was up to 
three years ago.. 

Q. Up to three years ago; and for how many years, sir, have you voted at 
284 Bunker Hill Street?—A. Oh, I should say about 16 years. 

Q. About 16 years?—A. Yes, sir. 



TAGUE VS. FITZGERALD. 


647 


(Innng: those IG years that you voted from Bunker Hill Street did 
you ha\e your apartment in Corey Street?—A. No, sir. 

^ ^^’Connell just now that you kept your apartment 

owned^the fm-nitml’ always kept this apartment there, and you 

sjnv timf T and you regarded that as your residence?—A. I did not 

tiiiie^ ^ ^ owned the furniture all the time or that I kept the apartment all the 


i-n?' acquired the ownership of this furniture.—A. About 

thiee ^ears ago, at tlie death of my mother. 

it started your flat at Corey Street?—A. I kept 

discontinued your residence on Bunker Hill 

ritreet/—A. les, sir. 


il How soon before that had you moved to Somerville?—A. About three or 
tour months. 

Q. About three or four months before that you moved to Somerville. Now 
was your brother living there at the time you voted from Bunker Hill Street*^— 
A. He was living at Corey Street. 

Q. He was living at Corey Street?—A. Yes, sir. 

Q. ill you tell us now, sir, any reason why you should have gone back to 
Corey Street three years ago? 

Mr. O’Connell. I object to that as not material. 

Notary Mancovitz. Your objection is noted. 

Mr. O’Connell. I objected to it because it was immaterial. 

Notary Mancovitz. Note Mr. O’Connell’s objection. 

Q. AVill you tell us, please, any particular reason why you should have gone 
back to Corey Street three years ago?—A. I wanted to maintain a voting 
residence. 


Q. You wanted to maintain a voting residence?—A. I wanted to maintain a 
voting residence. 

Mr. O’Connell. AVait a minute. Let him finish, please. Go ahead. 

The M iTNEss. And be a citizen of Boston—to be recognized as a citizen of 
lioston. 

Q. All right. Now, let us see if this is the case, Mr. Turnbull: You lived 
on Bunker Hill Street and voted there for about 16 years?—A. Yes. 

Q. Now, you actually lived there with your wife and little girl all those 
years. Then you moved to Somerville and took an apartment, and in moving 
to Somerville, you wanted to retain your voting—your right to vote—here in 
Boston?—A. I wanted to retain my citizenship in Boston. 

Q. Your citizenship here in Boston, and then, although you maintained your 
wife and your child in Somerville, you would come the 1st of April to Corey 
Street, where your brother’s house is, and live there for a time and be listed 
and subsequently registered ; is that so?—A. I lived there more considerable 
time than the 1st of April. 

Q. You did that solely for the purpose to maintain or retain your right to 
vote in Boston. Isn’t that so?—A. My citizenship in Boston; yes, sir. 


Kecross-examination by IMr. O’Connell : 

Q. And as a citizen of Boston, you spent a good deal of the time at that 
liouse?—A. l>s, sir; at least- 

(j. All during the siunmer months?—A. Yes, sir. 

Q. And during the last two years you have spent a good deal of the time 
there on account of having to work late at the navy yard?—A. Yes, sir. 

Q. And this house at 47 Corey Street is convenient to the navy yard?—A, 
Very convenient; yes, sir. 

Q. And you have spent probably—how many nights during the whole year 
liave you slept there?—A. Possibly 50. 

Q. Possibly 50? Your telephone is known at the navy yard so you can be 
gotten at either place?—A. Either place. 

Q. That is on record at the navy yard to get you. 

Mr. O’Connell. That is all. 


Redirect examination by Mr. Callahan : 

Q. What is the number of your telephone at Corey Street?—A. 1087-J. 

Q. In whose name is it?—A. Catherine Tague, or Mary A. Tague. 

Q. Mary A. Tague? That is the mother of Congressman Tague?—A. Of 
Congressman Tague. 

Q. And his sister lives there, too?—A. Yes, sir. 

Mr. Callahan. That is all. 



648 


TAGUE VS. FITZGERALD. 


FREDERICK HALE PINGREE, yworii. 

By ]Mr. Callahan : 

Q. \\ luit is your luiiiiG?—A. Froderick Hulo Piiij^roe. 

Q. You live at 221 Willow Street, Somerville?—A. Yes, sir—Willow Avenue 

Q. Willow Avenue?—A. Willow Avenue. 

Q. Ho^\ long have you lived there. Mr. Pingree?—A. Four or five vear.s. 

Q. Y'ou have some children?—A. Two. 

Q. One is a little girl?—A. They are both girls. 

Q. Both girls. Y’'ou know Capt. Goggins?—A. Yes, sir. 

(}. You know that he lives there?—A. I see him occasionally. 

Q. What do you mean by “occasionally,” IMr. Pingree?—A.'it might be once 
a week or once a month. 

Q. Is that because you aren’t there or because he isn’t there?—I couldn’t 
say. 

Q. What is that?—A. I couldn’t say. 

Q. Do you know his family?—A. Ye.s, sir. 

Q. Y^ou know their names?—A. Yes, sir. 

Q" You know them all pretty well, don’t you?—A. I have met them all. 

Q. Is there any of them going to school there in Somerville?—A. I wouldn’t 
know except I heard the captain say so. 

Q. Yes. How long to your knowledge has the captain’s familv lived in Somer¬ 
ville?—A. Only since the time I lived there. 

Q. That is, they were living in the house when you went there?—A. Yes sir. 

Q. You know his wife?—A. Y^es, sir. 

Q. And do you see his wife more frequently than vou do the captain’—A 
Yes, sir. 

Q. Is theie any time in the year when you notice that Mrs. Goggins isn’t 
there?—A. I do not know as I have. 

Q. No. As a matter of fact, there is no time that vou have noticed an ex¬ 
tended absence by Mrs. Goggin?—A. No, sir. 

Q. Y’'ou probably meet her every day?—A. No, sir. 

Q. See her every day?—A. No, sir. 

Q. You see her pretty nearly every day, don’t you?—A. I couldn’t sav that 
I do ; no, sir. 

Q. You see some of the family every day?—A. I do not know as I do; no, sir. 

Q. Is there any time you notice that the whole family has left there’for’anv 
length of time?—A. I haven’t noticed it; no, sir. 

Q. You say you lived there four or five years?—A. Yes, sir. 

Q. What floor do you live on?—A. The first floor. 

Q. They live above you?—A. Yes, sir. 

Q. Do you know their telephone number?—A. I do not. 

Q. You are listed in the Someville Directory?—A. Yes. sir. 

Q. Do you know whether or not Capt. Goggin is listed in the Somerville 
Directory?—A. I don’t know. 

Mr. Callahan. That is all. 

Cross-examination by Mr. O’Connell ; 

Q. Just one question. ITnir daugther was Gladvs—is Gladvs Pingree’_4 

Yes, sir. * * “ ^ . 

Q. How old is Gladys?—A. Ten years old. 

Q. How’ much ?—A. Ten. 

Q. Ten years old. Have you brought her here to-day?—A. I haven’t. 

^ Q. Mill you state why she hasn’t come?—A. Because she is in school She 
IS not strong, a nervous child, and I disliked to bring her. 

Mr. O’Connell. I think under those circumstances, Mr. Callahan oimht to 
excuse her. ^ 

Mr. Callahan. We did excuse her last night, Mr. O’Connell. excused 
her at your request, didn’t we [addressing witness] ? 

The MTtness. Y^es, sir, 

IMr, O’Connell. I wanted to have that clear on the record. That is all 

IMr. Callahan. We excused her at Mr. Pingree’s request. 

Mr. O’Connell. That is all. 

Mr, Callahan. That is all. 


TAGUE VS. FITZGERAED. 


649 


"W ILLIAISI TAYLOR, sworn. 

By Mr. Callahan : 

Q. Yonr name, please.—A. William Taylor. 


Q. 

C. 

Q. 

Q. 

Q. 


Yon are connected with the Boston Post. Mr. Taylor?—A. Yes. 

And in what capacity, please?—A. Editorial capacity 
Are yon the political editor of the Post?—A No sir' 

You were?—A. Yes. ’ ’ 

Now in the editorial department?—A. Yes, sir. 

William Taylor who is regi.^ered from Chelsea Street, 40 
Chelsea Street, East Boston?—A. Yes, sir. 

Q. Do yon live there, Mr. Taylor?—A. I vote from there 

(j. ion vote from there?—A. Yes. ' 

Q. Yon live at 1890 Commonwealth Avenue?—A. I have a residence at 1396 
Commonwealth Avenue, temporarily. 

Q. Yonr telephone number is Brookline 4210?—A. Yes. 

Q. How long have yon lived at Commonwealth Avenue, Mr. Tavlor?—A. I 
have been there, I think, four years, five years. 

Q. And do y*on regard that as a temporary residence?—A. Yes. 

Q. You lived in East Boston on the 1st of April?—A. Yes. 

Q. Yon lived there the 1st of April, 1918?—A. Lived there the 1st of April 
for the past five years. 

Q. And Mrs. Taylor lives there, too?—A. Yes, sir. 

Mrs. Taylor gives yonr name on the 1st of April?—A. Never. 

The police card this morning shov^ed-A. The police card is wrong. 

Y^ou say it is wrong?—A. Yes. 

Is it because Mrs. Taylor isn’t there and can't give the name?—A. No, 


Q. 
Q. 
Q. 
Q. 
Mrs. 


Taylor was there with me on the 1st of April and last day of March, and 
•sometimes until the 3d of April, but Mrs. Taylor did not give the information. 

Q. Yon go there, INTr. Taylor, simply to acquire a voting residence in Boston, 
or in this district?—A. Go there for three or four reasons. 

Q. Yonr principal-A. That is one of them. 

Q. That is your principal reason, isn’t it?—A. No, sir, 

Q. How long do jA)n stay there, Mr. Taylor?—A. I stay there generally 
from about 8 o’clock on the last day of IMarcli until the police officer comes, or 
knowing that he is going to come. That would probably he sometimes on the 
1st of April and sometimes on the 2d. 

Q. So that after the policeman comes, yon then go to Commonwealth Avenue 
again?—^A. After I am sure that I am listed from 40 Chelsea Street I resume 
xny temporary residence on Commonwealth Avenue. 

Q. Now, as a matter of fact, that is your particular reason for going there, 
isn’t it?—A. That is not my particular reason for going there. 

Q. Is that your principal reason for going there?—A. That is not my princi¬ 
pal reason for going there. 

Q. At any rate, when the policeman comes and the pqlice listing is finished, 
you then leave your home in East Boston and go to Commonwealth Avenue?—• 
A. l"es. 

Q. And Mrs. Taylor goes with you?—A. Yes. 

Q. Now, Mr. ''Uaylor, you were pretty strong in advocating the candidacy of 
Ylr. Tague in this congressional fight, weren’t-you?—A. Pretty strong in ad¬ 
vocating the- 

Q. That is, you advocated the election, and—nomination and 
IMr. Tague?—A, I think you ought to ask me who I voted for. 
want- 

Q. I do not ask for that.—A. I voted for Mr. Tague. 

Q. If you want to answer that way, all right. 

IMr. Callahan. That is all. 

Cross-examination by Mr. O’Connell : 

Q. Just a minute. This 40 Chelsea Street, Mr. Taylor, is your home?—A. l"es. 

Q. And you have lived in that home for a great many years?—^A. Lived next 
door to it 25 years. 

Q. Twenty-five years. And it is property owned-A. By me. 

Q. By you ; and the furniture in the rooms that you occupy is your furni¬ 
ture?—A. Well, not exactly that. The furniture belongs to Mrs. Richie, hut the 
conditions of rent and the conditions of occupancy and the conditions surround¬ 
ing the whole place is a matter that makes it at any time my right- 

Q. To go there?—A. To go there. 


election of 
Don’t you 







650 


TAGUE VS. FITZGEKALD. 


Q. That is a right-A. A right at any time to go back there when things. 

are settled so I can. 

Q. Any time during the year?—A. Yes, sir. 

Q. I see. You were asked about your reasons for going there and an intimi- 
nation made that it was voting was your principal reason. I do not know 
what your reasons are. Do you object to telling us what your reasons are?—A. 
Property reasons. 

Mr. O’Connell. For property reasons? I think that is all. 

Redirect examination by Mr. Callahan : 

Q. Now, Mr. Taylor, will you tell us at any other time during the i)ast year 
that you went to live at 40 Chelsea Street?—A. Not a single time. That is,, 
you mean to stay all night there? 


Q. Yes.—A. Not a single time. 

Q. So that the only time that you do actually go there and stay there is the 
1st of April? A. I go there to establish a domicile to protect property rights. 
That is what I go there for; not to vote, but to protect—get a domicile that will 
protect property rights. 

Q. Now, Mr. Taylor, in all the years you voted from East Boston, you did not 
always vote from 40 Chelsea Street?—A. Always voted from either 40 or 42. 

Q. Either 40 or 42?—A. Yes. They are both in a block. Thev are both the 
same house, practically. 

^ Q. Whei-e you live now, in Commowealth Avenue, isn’t in the 10th congres¬ 
sional district?—A. Whei'e T live now, I do not know what district it is in. 
I think it is in the old district represented by Mr. Mitchell. 

Q. But it is in another congressional district?—A. Oh, surely so. 

INIr. Callahan. That is all, Mr. Taylor. 

Mr. O’Connell. That is all, sir. 

INIr. Callahan. That is part of Boston where you live? 

The Witness. Yes, sir. 


Miss CATHERINE T. TAGUE, 


sworn. 


By Mr. Callahan : 


Q. What is your name, pleese?—A. Catherine T. Tague. ‘ 

i}. Catherine T. Tague?—A. Yes. 

(i. You live at 47 (Jorey Street, Miss Tague?—A. Yes, sir. 

Q. You have lived there for a great many years?—A. Yes, sir. 

Q. Did you live there with your mother?—A. Yes, sir. 

Q. No. 47 Corey Street is a one-family house, isn’t it?—A. It is, well, a large 
house, which has always been used as a Iwo-family house . 

Q. I know; but there aren’t really two apartments there?—A. Yes. sir. 

Q. When you say there are two apartments, you mean there are two distinct 
apartments with a kitchen for each?—A. Certainly. 

Q. And a bathroom for each?—A. Certainly. 

Q. And sleeping rooms for each?—A. Yes, sir. 

Q. Now, is one apartment on one floor and another <ipartment on another 
floor?—A. No; it is separated differently—separated one part on each side of 
the house. • 


Q- You mean to say that they are separated; one apartment is on one side* 
of the house and one apartment is on the other?—A. In a way; yes, sir. 

Q. Where is your kitchen. Miss Tague?—A. My kitchen is on the’first floor. 
Q. On the first floor?—A. Yes, sir. 

Q. And the kitchen of Mr. Turnbull is on the same floor?—A In the base¬ 
ment. 

Q. In the basement?—A. Yes, sir. 

Q. That is on another Ode of the house?—A. Yes, sir. 

i}. Then his rooms run up on one side of the house?—A. Yes, sir 

Q. And yours run up on the other?—A. Yes. sir. 

Q. Are there two separate entrances to this house. Miss Tague*?_4 One 

entrance. . v/nc 

Q There is one entrance? On the 1st of April, 1018, you save the name of 
Mr. lurnbull to the police officer, didn’t you?—A. No, sir* I didn’t 
Q. You didn’t?—A. No, sir; my mother. 

thSi?—A.'Ye7 si*r^^^' mother. I beg your pardon. Was Mrs. Turnbull there 



TAGUE VS. FITZGERALD. 


651 


Q. And was there any reason why Mrs. Turnbull shouldn’t give the name of 
her husband?—A. She was not in at the time. 

Q. Were yon there when the policeman came?—A. No, sir. I was out. 

Q. She wasn’t there at the time, you ray?—A. Not that I know of. 

Q. You weren’t there?—A. I wasn’t there, too; no. 

Q- ^"ow, you know, of course, Mr. Turnbull lives in Somerville with his 
wife?—A. Part of the time; yes, sir. 

Q. And you have visited him there? Have you ever visited his house?—A. 
I cant’ say that I have. 

Q. What is that?—A. I cant’ say that I have. 

Q. He is a cousin of yours? A. Yes; but I never had time to visit him. 

Q. He comes to visit at your house regularly, does he?—A. All the time. 

Q. And as a matter of fact he comes there to visit?—A. He doesn’t come to 
visit. He conies when he chooses, to live. 

Q. Will you tell us any time now. Miss Tague, except perhaps the 1st of 
April, during the iiast year when Mi\ Turnbull and his wife and his daughter 
were at your house?—A. Can I tell you any time? A good many times. 

how many times. A. I have never kept track of the explicit times. 
_ g. ^\ lll you tell us one particular time?—A, I do not know’ of any time par¬ 
ticularly. Any time he cares to come, he comes there. 

Q. I know that. I know’ any time he cares to come he can come, but can you 
recall now’ any particular time except the 1st of April that he w’as at your 
house? A. Yes, I can. Pie is there at least once every w’eek all summer long. 

Q- Now, can jou recall any jiarticiilar time—A. I do not know of any siieci- 
tied date that I could say—any special date. 

Q. Now’, at the time you do remember particularly that he w’as there, do you 
recall w’hether his w’ife and his daughter w’ere there w’ith him?—A. Yes; I do. 
g. They both w’ere there w’ith him?—A. Yes, sir. 

g. You know that he has a telephone number in Somerville?—A. I did not 
get your question, sir. 

g. YTni know’ that he has a telephone number in Somerville?—A. Yes, sir. 
g. Will yon tell us w’hat furniture Mr. Turnbull has in that house?—A. Yes; 
I can. He has a kitchen set. He has a parlor furnished. He has chambers 
furnished. 

g. He has that furnishetl?—A. l^es. 

g. Who lives there when Mr Turnbull isn’t there?—A. His brother, 
g. Does he live there W’hen he is there?—A. Yes, sir; sometimes, 
g. As a matter of fact, does that furniture belong to Ids brother?—A. The 
furniture belongs to the Turnbulls, for anyone w’ho w’ishes. 

g. To the Turnl>ulls?—A. To the Turnbulls, Mr. Turnbull pays all the ex¬ 
penses of this furniture. 

g. Mr. Turnbull pays what?—A. Expenses of caring for the furniture, 
g. And do you know’ that for a fact?—A. Of course I do. 
g. You know’ he pays all the expenses?—A. Of the homestead, 
g. Of the home?—A. Yes, sir. 

g. Now’, w’ill you please tell us to w’hoiii he pays any expenses?—A. If there 
is any cleaning or repairs or anything, he pays for them, 
g. Can you tell us anybody he has paid?—A. I can; yes. 
g. Will you tell us the name of any people?—A. I don’t care to. 
g. You don’t care to?—A. Why should I tell? He pays his gas bill, 
g. Are you sure of that?—A. Positive. I could show’ you his bills, 
g. Pays the gas bill for that w’hole house?—A. Ihiys it for his owm apart¬ 
ment. 

g. Pays it for his ow’ii apartment?—A, l^es, sir. 

g. Were there any other bills he paid?—A, Pays for the cleaning of his half, 
g. Do you mean to say the gas bill for that apartment house is made out to 
Turnbull?—A. Martin J. Turnbull; yes sir. 

g. Are there tw’o sei)arate meters in that house?—A. No, sir; one meter, 
g. One meter?—A. l^es, sir. 

g. That one meter provides gas for the wdiole house?—A. Only gas in his 
apartment. 

g. Only gas in his apartment? Another one in your apartment?—A. No, sir; 
mine is oil. 

Q. I see. Now’, since you have shown such a knowledge of the way he pays 
his expenses. Miss Tague—since you have shown such a knowledge of the way 
he pays his expenses, the expenses of maintaining that house there, can you tell 
us to w’hom else he pays anything? Not what he pays, the amount. I am not 


652 


TAGUE VS. FITZGERALD. 


concerned with that, hut I would nike to know the name of somebody.— A. His 
water bills—pays his taxes. I do not know who he pays his bills to. 

Q. Miss Tagiie-A. Yes, sir. 

Q. (Continuing?.) Do you know the grocery man who sends groceries to your 
house and Mr. Turnbull?—Mr. Turnbull hadn’t occasion to have grocery hills. 

Q. Do you know the grocery man that sends groceries to Mr., Turnbull at that 
house?—A. No, sir. 

Q. Do you know the butcher that sends meats?—A. No, sir. 

Q. (Continuing.) To Mr.’Turnbull at that house?—A No, sir. 

Q Do you know any coal dealer that sends coal to him at that house?—A. The 
house is heated by one heater. 

Q. That is, this whole house is heated by one heater, and Mr. Turnbull doesn’t 
buy the coal for that heater?—A. Buj\s some. 

Q. What?—A. He provides some of it. 

Q. That is, by some arrangement with you, is it?—A. Yes, sir. 

Q. Well, can you give us the name of a laundryman who furnishes laundry to 
Mr. Turnbull at that house?—A. No. 

Q. So, as a matter of fact. Miss Tague, you can’t give us the name of any 
person who furnishes the necessities of life with whom Mr. Turnbull trades 
and has things delivered to that house to him, can you?—A. I do not know^ 
what you mean. 

Q. A\ell, you can’t give us the name of a groceryman or baker or butcher or 
laundryman?—A. He doesn’t need them. 

^ Q. He doesn’t need them, because he lives in Somerville. That is it, isn’t 
It?—A. No. But if he wishes his meals, he has them with me. 

Q. If he wishes his meals, he has them with you? 

Mr. Callahan. I guess that is all. 

Mr. O’Connell. That is all. No questions. 

CHARLES L. BURRILL, sworh. 

By IMr. Callahan : 

Q. What is your name?—A. Charles L. Burrill. 

Q. You are the State treasurer of Massachusetts?—A. Treasurer and re¬ 
ceiver general. Commonwealth of IMassachuetts. 

Q. AA^here do you live?—A. The City Club. 

Q. Listed and registered from the (L’ity Club?—A. Yes, sir. 

Q. You vote from the City Club?—A. I do. 

Q. Do you live at the City Clul) the whole year around?-—A. Yes sir 

Q. You are married?—A. Yes, sir. 

Q. Your wile does not live at the City Club?—A. No, sir. 

Q. As I understand it, there is a rule in the City Club where women are not 
admitted, that is so, isn 1 it?—A. Except maids and housekeepers. 

Q. Except maids and housekeepers. At any rate, there is no time during the 
year, Mr. Burrill, at which Mrs. Burrill lives at the Citv Club?—A. No sir 

Q. That is so, isn’t it?—A. Yes, sir. 

Q. AA here does she live?—A. She is traveling in Europe and doing social 
work 111 New York, and iHuuetimes comes on to spend the summer here in 
Massachusetts. 

Air. Callahan. That is .‘ill. 

Mr. O’Connell. That is idl. 

Mr. C.y.LAHAN. I think those are all our witnesses, for the day. 

Mr. O’Connell. Now. with reference to Mrs. Catherine Tagiie—Mrs. Alary 
A. I ague, I V ant to introduce into the record a doctor’s certihcate with refer¬ 
ence to her as follows: 

“Charlestown, April 7, 1919, -’’ 

Air Callahan. I want to say I haven’t called Airs. Tague, and I have done 
that by express agreement—not by agreement- 

Air. O’Connell. You notified me you were going to call her. 

Air. Callahan. I also notified Airs. Tague by special-deliverv letter last night 
she iieedidt be here. Now. if you want to do that, I will read iiotli iiiv letters to 
you and Airs. Tague for the record. 

Air. O’Connell. There is no need for you, if you state she isn’t used as a 
witness. No need of encumbering the record. 

thp^^^* ^ ^ have to read 

Air. O’Connell. I simply want to show we are acting in good faith in refer¬ 
ence to every witness we could have anything to do with at all. 





TAGUE VS. FITZGEEALD. 


653 


]\Ii. Callahan. That is a good spirit. Keep it up. 
o’dwk^^ ^Iancovitz. This hearing is now adjourned to Friday morning at 10 

(Adjourned to 10 a. in., Friday, April 11, 1919.) 


April 15, 1919. 

Building, Boston, Mass., April 15, 
1919, at 1().80 a. m., before David Mancovitz, Esq., notary public. Abraham C. 
iJerman, Esq., absent. 

Counsel: Joseph F. O’Connell, Esq., and Arthur Harrington. Esq., for the 
contestant. 

John 1. 1 eeney, h^sq., Timothy F. Callahan, Esq., and Vincent Brogna, Esq., 
for the contestee. 


BERNARD J. ROTHWELI., .sworn. 

IMr. Callahan. Will you waive the reading of the notice, Mr. O’Connell, and 
agree that the notice tor this hearing was received? 

Mr. O’Connell. I believe it was. I haven’t seen it. 

Mr. Callahan. I can read it in later. 

Mr. O’Connell. All right. 

By Mr. Callahan : 

Q. IVhat is your name, please?—A. Bernard J. Rothwell. 

Where do you live, Mr. Rothwell?—A. 12 Somerset Street. 

Q. And for how long have you lived at 12 Somerset Street?—A. Almost con¬ 
tinuously for over a year. 

Q. And before that, where did you live, Mr. Rothwell?—A. I had my legal 
residence in Boston for several years, and lived the greater part of the time 
in Needham. 

Q. You have a residence in Needham?—A. I haven’t had for more than a 
year. 

Q. You have a telephone number in Needham?—A. I had. 

Q. You have that telephone number at present?—A. Yes. It is in disuse 
and just being kept alive until such time as the house is reopened. 

Q. When you are living in Needham, Mr. Rothwell, Mrs. Rothwell and your 
family live in Needham?—A. Yes. 

When you are living here in Boston, is Mrs. Rothwell and the family 
living in Needham?—A. No. 

Q. They are away at the present time?—A. Yes. 

(5. Now, over a number of years, have you lived at the City Club around 
the 1st of April? 

Mr. O’Connell. Just a second. I object to that and ask that my objection 
be noted. This inquiry should lie confined to this man’s—the witness’s-- 
residence during the last year. That is the only scope that is open. 

Notary Mancovitz. Note his objection. 

(1. During a number of years past, Mr. Rothwell, on the 1st of April, have 
you lived at the City Club?—A. I have; some time before and some time after. 

Q. And you thereby gain a voting residence here in Boston?—A. I did. 

Q. And do you do that for the purpose of having a legal voting residence here 
in Boston?—A. Y"es. 

Mr. Callahan. That is all. 


Cross-examination by Mr. O’Connell: 

Q. Just one question, Mr. Rothwell, in order that the record may be plain on 
it. Do I understand you to state that you are now living at 12 Somerset Street, 
which is the Boston (L’ity Club?—A, I am. 

Q. And that you have lived there continuously for over a year?—A. Since 
some time in February, 1918. 

Q. Some time in February, 1918; and have your own rooms at the City 
Club?—A. Y^es. 

Q. And that is where you eat your meals?—A. Y"es; usually when I am 
home. 

Q. Of course, if you are traveling or away, that is a different story. So 12 
Somerset Street, the Boston City Club, since February, 1918, has been your 
home continuously?—A. Yes, sir. 

Mr. O’Connell. That is all. 

The Witness. I should like to make a word of explanation in connection with 
that question, if I could, Mr. O’Connell. 

Mr. O’Connell. If you think it is necessary, all right. 


654 


TAGUE VS. EITZGERALD. 


The Witness. INIy home in Needham has been closed for more than a year 
because of the prolons't^d serious illness of my wife, who is still ill. It will be 
reopened as soon as she recovers. 

Redirect examination by Mr. Callahan : 

Q. One minute, Mr. Rothwell. You have been president of the Citv Club?— 
A. No. 

Q. One of the directors?—A. In former years. 

Q. You have been president of the Chamber of Commerce here in Boston?— 
A. Yes. 

Q. INIost of your furniture, all of your furniture, and most of your personal 
effects are still in Needham?—A. Yes. 

Recross-examination by Mr. O’Connell : 

Q. May I ask, you say that Mrs. Rothwell is seriously ill. She is away from 
Boston ?—A. Yes. 

Q. Under treatment, Knd while she is away, your home has been made up at 
the City Club?—A. That seemed the simplest solution. 

Mr. O’Connell. Yes. 


HERBERT H. BOYNTON, recalled. 

By Mr. Callahan : 

Q. What is your full name?—A. Herbert H. Boynton. 

Q. And you are the- A. Deputy secretary of the Commonwealth. 

Q. Deputy secretary of state of the Commonwealth of Massachusetts. Now, 
Mr. Boynton, have you brought with you some ballots that were cast in the 
congressional election for the tenth district which were not tabulated and 
counted in the final returns, as we have them?—A. Yes. The order was to 
bring the ballots cast by voters in the service of the United States for candi¬ 
dates for Congress in the tenth district in the election of November, 1918, and 
received after 5 p. m., November 5, 1918, and prior to November 30, 1918. I have 
those ballots with me. 

Q. Did you bring those ?~A. Six, in number. 

Q. Vou have those ballots?—A. Yes; six in number. 

Q. Let us see ballot 1, No. 1.—A. Ballot No. 1 [handing to counsel]. 

Q. When was that received?—A. Nine fifty-seven, November 8. 

Q. Nine fifty-seven?—A. A. m. 

Q. A. m., November 8. There is nothing on these ballots that would indicate 
the voter’s name?—A. No. 

Q. And in no way would we violate the secrecy of the ballots?—A. Not at all 
That is protected. 

[Mr. Callahan hands the ballot to Mr. O’Connell.] 

' ir. Callahan. Ballot described as ballot No. 1 in the vote for Congressman 
it is a vote for Peter F. Tague. ’ 

Q. Now, as I understand those, Mr. Boynton, these ballots are ballots of men 
who were registered and who were in the service?—A. Yes. 

Q. (Continuing.) Of the Government, and who were registered under the 
absentee voting law?—A. Yes. 

Q. Now, will you let me see ballot No. 2?—A. Ballot No. 2 [handing to coun¬ 
sel]. Received at 10.37 a. m., November 7, 1918. 

Q. This is a ballot for—I think you better read that [handing ballot to wit¬ 
ness]. Will you read that, the congi-essional district vote. For whom is tliaU?_ 

A. For David I. IValsh. 

Q. I mean for the congressional.—A. Oh, pardon me. John P. Fitzgerald 
democratic. ^ ’ 

Q. That may be described as ballot No. 2?—A. Ballot No 2 

IMr. Goodwin. That was November 7? 

The Witness. That was November 7, at 10.37 a. m. 

Q. Now, ballot No. 3, Mr. Boynton?—A. Eleven-sixteeen a. m., November 6 

Q. And that is a vote for whom?—A. John P. Fitzgerald 

Q. That may be decribed as ballot No. 3.—A. Ballot No. 4, received at 11 
?nAo’ P. Fitzgerald, democratic; ballot No. 5, received at 

10.03 a. m., November 8. .lohn P. Fitzgerald, democratic; ballot No. 6 10 30 
a. m., November 7, .Tohn F. Fitzgerald. ’ 

’ those ballots that they are for John F. Fitzgerald 

that IS indicated by a cross?—A. By a cross. 

Q. At the right of his name?—A. Yes. 

Q. And that is also true of the vote of Mr. Tague?—A. Yes. 



TAGUE VS. FITZGERALD. 


655 


Now under tlmt statute, the ballots that are receive<I uii until the SOtb 
?4re™Tofflce;^" they?-A.'iFes . ;,ut ‘^ot for 

Q \re thosl'’nlftilrh'n"!‘'*“‘’® “"‘’T stothte’—A. Under our statute, 

until the 30th of Novln'C”^ZVirshf''“"® congressional district up 

8th o^^NovXbeit mo/"" «" “>« 8“' <>« November ?-A. The 

..o2; **'■• Boynton, those ballots now have not been credited 

respectively to Mr. Fitzgerald and to Mr. Tague?-A. They have not ‘ 

Cross-exaiiiinatioD by Mr. O’Connell ; 

why they have not been counted?—A, Section ^^4 of 
\ ^iiit'iided by chapter 295, General Acts of 1918 provides that no 

o’clock in the afternoon of November 30 shall be opened 
oi counted—pardon me, that is not the citation. Section 21 is the citation-iven 
the act, section 1 of tlie same chapter I cited " 

Q. Will you read it, please?—A. (Heading:) 

t? tie elected any United States Senator, Representative 
m Congress or presidential elector at a regular election, the absent voter ballots 
received by the secretary of the Commonwealth prior to 5 o’clock in the afternoon 
of Tuesday, after the first Monday in November and shall at that time be de¬ 
posited by him m some safe place and may thereupon be opened and counted bv 
hmi, or under his direction, for said officers. Each ballot as counted for said 
ofhceis shall be returned to the voucher envelope and all such ballots shall be 
kept separate and apart from ballots received thereafter. No absent voter ballot 
receiv^ed later than said day and hour shall be coiiiiLd for said Xers ” 

Q. Now, IS there any record to show from where these 6 ballots came*?_\ 

ihere is a record on the voucher envelope. 

Q. Have you got that here?—A. No, sir. 

Q. W ell, I think that ought-A. Well, I question. That would disclose the 

person who voted the ballot, and the secrecy of the ballot would not be pro¬ 
tected. ^ 

Q. W’hat is there about these ballots here?—A. Is there any stamp or mark 
on them to indicate when they were received?—A. I told vou when thev were 
received. You will have to take my word for it. 

Q. I know, but where is the evidence?—A. I have given you the evidence. 

Q. Where is the evidence?—A. It has been my word for it, I told you 

Q. And are there records showing where these ballots came from and when 
they came in?—A. There is a record on the voucher envelope which discloses 
the person who voted the ballot, and I refuse to give you the information 

Q. You refuse to give us the information?—A. Yes. 

Q. Now, there is nothing to prevent—there is nothing about these or anv one 
of these 6 ballots that you have introduced here to indicate that they were offi¬ 
cial ; that they are the ballots of any particular person, or that thev \vere voted 
in any particular place, is there?—A. No. 

Q. In other words, these may be a plain ballot marked by someone else as 
far as anybody can tell, and introduced. Is that right?—A. You made that 
statement. 

Q. So there is no stamp of any kind on any of these six exhibits?—A No 
stamp whatever. 

Q. And you claim that .vou have an envelope or information and you have 
refused to bring it here, and .\'our answer is “ Yes ”?—A. Yes. 

Mr. O'Connell. I ask that all the testimony given by this witness be 
stricken out at the present time. 

Notary IMancovitz. It may stand, and note Mr. (^’Connell’s objection. 


Redirect examination by Mr. Callahan : 

Q. Now, :Mr. Boynton, those ballots are in your custody?—A. Yes. sir. 

(j. And they are in your custody by reason, of a statute. Is that so’—A 
Yes. 

(j. And if these ballots or the envelopes which contain them and describe 
the mans’ name and location are wanted by a committee of Congress, thev 
could be had, couldn't they?—A. That would be another question, I presume 
Q. And you would then have no objection, on receiving a suminons from a 
congressional committee, to not only give these ballots but to bring the ac¬ 
companying envelope?—A. Well, as there is an act of the Commonwealth in 



656 


TAGUE VS. FITZGERALD. 


the question, I slioiild submit tlie matter to the Attorney General for his 
decision. 

Q. Exacly; hut you pei'sonally liave no objection?—A. Pei’sonally I have 
no objection. 

Q. And in the informati(m that you j 2 :ive in connection with these ballots 
here this morning was information that is shown on the envelopes containing 
these ballots?—A. Yes, sir. 

Q. Now, this voucher envelope you speak of, Mr. Boynton, by whom is that 
prepared?—A. Presumably by the voter. 

Q. The envelope itself?—A. Yes. 

Q. Is it an envelope that was sent to them by your department?—A. Y^es. 

Q. And those are the ballots sent by your department?—A. Y'es. 

Q. And those are the ollicial ballots that were prepared for the election last 
November?—A. Yes, sir. 

Q. (Continuing.) By your department?—A. By fuir department. 

(-h Sent to these voters and returned by them?—A. Y^es. 

Q. Now, there are some other votes that were received before the election 
day, or on election day?—A. l^es. 

Q. And they have been tabulated?—A. Those have been tal)ulated. 

Q. And counted in?—A. Counted in. 

Q. Sent and received in the same manner as these ballots here?—A. Exactly.. 

Q. And it was through no fault of the voter, apparentlv, they then came 
in later ? 

Mr. O’CoNNELn. Just a minute. What does he know about that? Read me, 
if you please, the statute. 

Q. You are the official designated to receive those ballots?—A. Yes, sir. 

Q. And you are the official designated to keep those ballots in vour custodv?— 
A. Yes. 

Q. And those ballots have been in your custody since they have been re¬ 
ceived until now?—A. Y"es. 

Q. And they will remain in your custody?—A. Y"es. 

Recross-examination by Mr. O'Connell: 

Q. Read me the section again that says that ballots received after a certain 
date shall not be opened.—A. (Reading) : 

‘ Absent voter ballots received by the secretary of the Commonwealth prior 
to 5 o’clock in the afternoon of Tuesday after the first Monday of November 
shall at that time be deposited and may thereupon be opened and counted by 
him, or under his direction, for said officers. Each ballot as counted for said 
officers shall be returned * * * No absent voter ballot received after— 

later than said day and hour shall be counted for said officers.” 

Q. Now, that is a statute law of the Commonwealth of Massachusetts, isn’t 
it?—A. Yes. 

Q. And you did open that envelope, didn’t you, Mr. Bovnton? Will you 
please answer my question?—A. Why, do you want the exact information? 

Q. I am asking you questions.—A. These weren’t received after the 30th of 
November. These were received after the day of the election and before the 
30th of November. 

Q. Dosn’t the statute provide you should not open them after the day of elec¬ 
tion?—A. No, sir. 

Q. What does it provide?—A. It provides after the 30th of November they 
shall not be opened and counted. These were receiVed between the dav of the 
election and the 30th of November. 

Q. How dos it come this is the first information from your office* that Mr 
Tague has got these kind of votes were cast? ' ^ ^ 

Mr. Callahan. I do not suppose you can answer for Mr. Tague? 

A. Y^ou will have to put that in another- 

Q. Let me put it in a very direct way. You are the official in whose custody 
all the election matters are left, as far as the secretary of state’s office is con¬ 
cerned. That is true, isn’t it?—A. Yes. 

Q. And you knew when those ballots were opened the condition of those 6 
ballots, didn’t you?—A. Yes. 

Q. Y’^ou learned that some time in November last?—A. Y’es 

Q. This is now the 15th day of April ?—A. Yes. 

Q. Will you tell me, as an official of this Commonwealth, why you didn’t con¬ 
vey the information to Mr. Tague about the condition of those 6 ballots?—A Is 
it necessary for you to refer to your records to show that evidence I gave the 
first day I was on the stand? 



TAGUE VS. FITZGERALD. 


657 


those ballots were opened bv von'aiK^thiTnf November last that 

is yon (lid nofpve that infoimmtion 

the stand bere?-A. I answered that qnk;tT(?m 

day I was on tbe'^sLim/as to^lmw^miw Jtiven the first 

bers it distinctly. cast. Mr. Tagiie remem- 

o * '^-^CLAHAN. That is the first time we beard it 

like^bis^r^^fboS’e laSots"^?;^^^^^ about Allots being cast 

herald and one for Mr. Tagne ^ information, five for Mr. Fitz- 

.ne^vhe«,J'’?o,;:'r« L'offlirrwlK;^“;u.n"iLv'' y«>' 

tion concerning tbe ballots and the votes^ wbvTt informa- 

vey that information to Mr. Tagne who was i fbdn t officially con- 

A. Because tbe ballots had no value counted and who was voted on?— 

Mr. O’Connell. That is all. 

Redirect examination by Mr. Callah4n- 

■dUU-^„r4‘;nn^'rve"'Zt‘fo mJ pt;Sel^.,T'"'T- 

three days, I should think. ^’‘li^ots. a. 1 think a few days ago—within 

' ^^"ithin three days. That is all 

Mr. O Connell. That is all, Mr. Bovnton 

ton Mmut^ffi^lio^rSlo^be^f 

orae.. 

The Witness. Yes. 

^Ir. Callahan. That is all. 

Mr. O’Connell. That is all. 

lY' Francis E. Heedy here’ 

hli iTo'r 

To icJiom it may concern: 

FrIL'Ss E. Heecin'; M.s'S.f'l P-fes.lona,., attend., 

clenoes of acute appeiKllcitis *’ Charlestown, and I And eyi- 

John Duff, M. D. 

Suffolk, ss: 15, 1919. 

Then persomilly appeared the above-named .John Duff, and under oath stntP^ 
that the foregoing statement by him made is true. states 

J. Fkaniv O’Bkien, 

^ly commission expires May 8, 1925. Justice of the Peace. 

I would like to offer that. 

(The doctor’s certificate in reference to Francis E. Heedv is admitted in ovi 
deuce and marked “Contestant’s Exhibit 115.”) acimitted in evi- 

Tiilf'/ summons to Francis E 

Heedy, o Marion Street, Charlestown, and the return on the summons: 

United States of America, Boston, April 10, 1919. 

Massachusetts district, ss: 

Pursuant her.into I have this day served the within subpcena on tiie within 
named f rancis E. Heedy by giving to iiim in hand at 5 Marion Street' Cimrles" 

122575—19-42 



G58 


TAGUE VS. FITZGERALD. 


town, ill said district, a true and attested copy of the witliin subpaaia, together 
with .$1.05, his legal fee for. attendance and travel. 

.John Mitchell, United States Marshal. 
By Ben.jamin .T. Scully, Deputy. 


(The sninmons to Francis E. Heedy is admitted in evidence and marked 
“ Contestee’s Exhibit 17.”) 

Mr. O’Connell. In order that the record may appear clear that summons that 
you have just read in is the summons served on Mr. Heedy, concerning whom 
Dr. Duff’s certificate has just been read. / 

INIr. Callahan. Is Frederick A. McGrath here? 

Mr. O’Connell. Mr. McGrath is an undertaker in East Boston, and he sends 
this letter: 

“April 15, 1919. 


“ I regret I will be unable to be present as a witness to-day, as I must take 
charge of the funeral of William Morgan, 8 Atlantic Street, MTnthrop, to-day. 
“ Very truly. 


“ Frederick A. McGrath.” 


A messenger came to my office stating that just as soon as the funeral was 
over, he w;ll come here, and he hopes to be here before 1 o’clock. 

Mr. Callahan. I would like to read this summons to Frederick A. McGrath, 
103 Meridian Street, East Boston, and the return on the summons. 

Boston, April 10, 1919. 

United States of America, 

District of Massachusetts: 

I hereby certify that I this day served the within subpoena on the within 
named Frederick McGrath by leaving at his last and usual place of abode, 
103 Meridian Street, East Boston, in said district, in the hands of John Kelley, 
an adult person in charge of said premises, a true and attested copy of this 
subpoena, together with $1.05, his legal fee for travel and attendance. 

John ,1. Mitchell, United States Marshal. 
By John H. Backus. 


Is Daniel Buckley and Merton L. Emerson here? 

(No response noted by stenographer.) 

I was going to read into the record our offer of proof in connection with Mr. 
Buckley and Mr. Emerson and Mr. Heedy. 

Mr. O’Connell. Before that is done, I believe attention ought to be called to 
this [indicating] which has just been handed to me and which was handed to 
Notary Mancovitz, which reads as follows: 

Mr. David Mancovitz, 

Boston, Mass. 

Sir : M hat purported to be a summons for me to appear at the Tague- 
Fitzerald hearing, April 15, 1919, at 10 o'clock in the Federal Building, has 
been left with me. I am a resident of Bristol County, and as such I believe it 
is not within your jurisdiction in this case to summons me to this hearing. 

The statutes provide a proper way for taking my testimony, and if you wish 
to take it in the way provided by law, I will be very willing to give it.' 

Merton L. Emerson, who has also been summoned in this case, is a resident 
of Norfolk County, and as attorney I am notifying you he takes the same posi¬ 
tion in this matter. 

Respectfully, Daniel F. Buckley. 


This was handed to the notary at the same time that it was handed to me. 
Now, then, I object to your reading into the record any statement concerning 
these witnesses or what they may purport to say, in view of what has been 
stated here. They have not been properly summoned, both of them being resi¬ 
dents outside of this county. 

Mr. Callahan. Now, will you just permit us to show how they have been 
piopeily summoned, and then you can—this [indicating] is a summon.s to 
Merton L. Emerson, 100 Boylston Street, Boston. The summons was dated the 
9th of April, and the return on the summons is. 


United States of America, 

Massachusetts District: 


Boston, April 10, 1919. 


I hereby certify that I have to-day summoned the within named Merton L. 
Emerson to appear and give testimony as within required by delivering an 


TAGUE VS. EITZGERAED. 


659 

"'itlx 85 cents 

John J. Mitchell, United States Marshal. 
Charles A. Bancroft, Dejnity. 

Boylstou Street is the place of business of Mr. Merton L. 

Boston, ciated the 9th 

United States of Amp:rica, Boston, A/jn7 10 , 1919 . 

Massachusetts District: 

F, 

attested copy of this summons to hiTn^in lequired by delivering an 

allowed as fees for attendance and travel. Boston with 85 cents 

Mitchell, United States Marshal. 

-D3 CHARLES A. Bancroft, Deputy. 

business of Mn ^Ston\r Emerso^^ Bie place of 

udiich Daniel P. Buckley an t orimv building in 

summons were served withi i tidf ^ Biat both of these 

served with the fee. Th^t be^ ^vere 

indicates that both these men received their summoS marshals, the letter 
AH these three witnesses, we were going to show_ 

statenmntre"Sw^r];i that no 

section 115 of the Revised Statutes savs oiainK^tw ^ witnesses, because 

Notary JIancovitz. He may m.ake his offer of proof 

ssHSfS'sSSHH ;=H“ « 

money" to iT.' -TalueS hTu "" " of 

gress relating to the control or the use of these pSsVal tler 

O’Connell (continuing). Because it was improper to have made snob n 
statement on account of the witnesses not having bmi pronerlv sm 
further that the whole thing is inuuaterlal becatlrif S^'ho L th™ 

feet*^'ii'ut t"’’*! ‘'oof*'‘f'“*o<l to Mr. Tague’s campaign committee, tliey iind a per- 
feet i^ht to do so and the statement has been alreadv made and furnished to 
the cjiD clerk of the city of Boston under oath in compliance with the statutes 

that^ime " "" VendingS 

Notary Mancovitz. Note Mr. O’Connell’s request. 

Mr. Callahan. Is INIr. Joseph L. Kane here? 

(Mr. Harrington leaves room to get Mr. Kane.) 

Notary Mancovitz. A recess will be taken for 10 minutes 
(Short recess.) ’ 

Mr. O’Connell. I have here the doctor’s certificate in reference to Mrs 
Coggins, which you asked for the other day. * 

Mr. Callahan. Oh, yes; the certificate. 

Mr. O’Connell. I will read into the record now the doctor’s certificate in 
Coggins, who was to have appeared here a week ago and who 
jns absent on account of illness. It is as follows—it is from tL office Tf 

MiV PpfpTP De^^ter Road, and Thompson Square, Charlestown: 

Mis. Peter P. Coggins has been m poor health for several years oast and 
has been treated by me several times. Her attendance at a publfc heaHr^ or a 



660 


TAGUE VS. FITZGERALD. 


trial I should consider detrimental to her health, owing’ to the nervous strain 
incidental to same/’ 

.TAGOB WASSERMAN, Esq., sworn. 

By Mr. Callahan ; 

Q. What is your name, please?—A. Jacob 'Wasserman. 

Q. You are an election commissioner of the city of Boston?—A. I am. 

(,). And you are an attorney?—A. Yes. 

Q. And were you election commissioner during the past year when they had 
the .recounts in this congressional fight?—A. Yes. 

Q. You are a'Republican, Mr. Wasserman?—A. Yes. 

Q. And you are a Republican member of that board?—A. I am. 

Q. That is a bipartisan board?—A. A bipartisan board. 

(}. Two Democrats and two Republicans?—A. Yes. 

Q. At the recount of the election, Mr. Wasserman, what would you say a.s 
to the way that was conducted? I have now reference to the propriety of the 
occasion.—A. It was conducted openly. 

Q. Yes.—A. And without any trouble of any kind. 

Q. ]\ow, when you say “ openly,” who were there, as you recall it, at the 
I’ecoujit?—A. ,The four commissioners, representatives of Mr. Tague, and Mr. 
Fitzgerald. 

Q. Your board saw to it that INIr. Tague had adequate representation or the 
opportunity for adequate representation at that recount?—A. He did have. 

Q. And it was arranged so that he could have two watchers at each table, Mr. 
Wasserman?—A. Yhs. 

Q. Now, the recount of these ballots for the election was held in the outer 
room; your big work room, wasn’t it?—A. Yes. 

Q. And the questioned or disputed ballots were then brought into the office 
of the commissioners?—A. Y"es. 

Q. And who was. present when those disputed or questioned ballots were 
gone over?—A. -A.!! of the commissioners, and the representatives of both 
parties. 

Q. That is, Mr. Tague \y,as there a great deal of the time?—A. Mr. Tague 
was there. ; 

Q. And Mr. O’Connell, his attorney?—A. Mr. O’Connell, Mr. Goodwin, Mr. 
Harrington, IMr. Feeney, myself, yourself, and I think Mr. Brogna was there 
part of the tiJiie. 

IMr. O’Connell. IMr. Field and Mr. Martin. ' 

The Witness. Mr. Field. 

Mr. O’Connell. Richard F. Field. 

The Witness. I think he was there, too. 

IMr. O’Connell. And Mr. .Joseph Martin. 

(}. There wei-e akso members of the press there?—A. l^es. 

Q. Were there?—A. Y^es. 

Q. And they were there at the invitation of your commission?—A. Exactly. 

(}. Each newspaper in Boston was represented?—A. I believe so. 

Q. Now, in determining those questioned or disputed ballots, Mr. AVasser- 
man, were they all determined there in the presence of counsel and in the 
presence of the press?—A. Yes. 

Q. Now, as I understand it, the ballot as it was questioned, was brought in; 
your board heard the arguments of counsel, and then determined the ballots?— 
A. Exactly. 

Q. And that was all done in that room?—A. All done in that room. 

Q. Was there any difference between that procedure and the procedure at 
the time of the recount of the primary ballots?—A. Yes. 

Q. And what was that difference?—A. At the primary recount the ballots 
were brought into the library and counsel representing each side were ad¬ 
mitted, argued as to each contested ballot and then counsel were sent out 
and the board sat in executive session and decided them, and called in counsel 
and informed them how they decided the ballots. 

Q. And at this recount it was all done in this outer room, in the presence 
of the newspaper men and the counsel?—A. Exactly. 

Q. Now, at the recount of the election, the ballots for this election, was 
there any attempt on the part of the election commission to deprive Mr. Tague 
or his attorneys of the completest examination of these ballots?—A. No; the 
attempt was to afford them the fullest opportunity to examine them. 


661 


TAGUE VS. FITZGERALD. 


o Tliat was done. 

O’Connell’and to'Mi‘.'’Ta"ue ** "ent to Jlr. 

tliejn?—A. Yes. ' *-efeience to a list of names submitted by 

off'^tbe viung ilsf; wasn’TTtVi^A” Yes" names 

actlj-.^’""^ be'snbmitted according to statuti^A. Bx- 

JIi?'fdCon’nelTVo wm^to^rh^ TaRue or 

Q. And what are they?—A. Why I snf)lcp tn yfi- ‘ ii' 
and I think one or two days snhseonent o n,!^ . i’ following, 

were ready to go on with It al aZ me 1 e wa“^ “"I' 

he would let me know later ns to Avimn ^ ''‘Vi mtormed me that 

information. ® ‘'ea'’-'’, and we received no 

noHc^s'ly' yonrSr“direiSef JU^VSmneir*^^^ mI’ ‘^“'’aeqnent per.sonal 
renting Mr. Tague appear be,o:.e^,^:,u^™r;/:n.nid.s""flr^er?^^^^^ 

or'Iiis^conS m?\i,i"t“matt"^Y'i/'‘™s'"”'* ^aRue 

saS .^inigan 

w^t^apfbr:tnr«L^^^ 

AFr^T^i ^^hlch had been stretched across the commissioners’ room and 

table -' vI. ‘"p"*’- «>at were lying on the 

tab e. Mr Finipin ordered Mr. Flynn to go aronnd to the other side of t e 

F^n*u;an’!l?-s‘''‘‘Tf"T‘‘"‘''' *“ »»amissi«ner Finigan, “You are wrong.” Mr 

O^Xmi ’Vi’ ^ "™''R am' you are to be my judge, I will stay wrong” 

Fljmu^ yes. '^Unn''—A. in referenee'to a Mr. 

4 Flynn was a watcher or a reprcsSentatiye for Mr. Tague?_ 

Q. And Mr. Finigan had some personal reason for keeping that r)articular 
person away?—A. Apparently. - I'cHLicuiai 

(}. That was at the primary?—A. That was at the primary recount. 

ele^ti<)n^‘^A''Not^^at^a\?^^^^^^ niarred the serenity of tiie recount at the 

foi-^M\VTLVue'?^l^'"Tliry"we^^^^ 

Q. And they had full opportunity to make that examination?—A. Yes. 


Cross-examination by Mr. O’Connell. 

O. Now, INIr. Wasserman, yoa haye told two different stories in reference 
to that incident in reference to Mr Finigan, hayen’t vou?—A. Not that I recall 

Q. Do you recall your testimony before the ballot law commissioiD—A T 
think so. ' " 

Q. Did you mention that incident in reference to air. Flynn at that time*;*_ 

A. I did. 

Q Are you sure of that?—A. Fairly sure. 

ij. Do you mean to say to me you eyer mentioned air. Flynn up to that bal¬ 
lot law commission hearing?—A. That is my I'ecollection. 

Q. Are you ready to say positiyely you did?—A. To the best of my recollec¬ 
tion, I did. 

Q. Well, let me call your attention to what took place there. Do you recall 

when I asked to see the record of the men who had yoted at that primary‘s_ 

A. Yes. 

Q.' And do you recall that the names—the yoting list was brought out and nut 
on the table?—A. Yes. 

Q. Do you recall that after I had looked down the first page and counted it 
off, that then somebody put a piece of paper oyer the names so I could not see 
them?—A. No. 


662 


TAGUE VS. FITZGERALD. 


Q. Yon don't recall that?—A. No. 

Q. Well, isn’t that what all the arjjnment was about between Mr. Fini,i?an 
and myself? Did I not protest I had a right to see the names?—A. I think not. 

Q. Well, were yon there at the time?—A. I was. 

Q. Do yon recall my arguing that I had the fullest right to see the names?— 
A. I think not. 

Q. Do yon recall that yonr board wrote a letter to the corporation counsel 
asking whether I wonld have a right to do that or not?—A. I think not. 

Q. Do yon recall that-there is a letter in exhibit here- 

Mr. Callahan. An entirely different thing. 

Q. That was sent to the corporation counsel?—A. I do not know what ex¬ 
hibits are here. 

Q. Yon were here the other day when ]\Ir. Bnrlen was examined and produced 
a letter, were yon not?—A. No; I wasn’t. I was here for a few moments, but 
I wasn’t here when the letter was produced. 

Q. In that letter which has been produced—and the number of the exhibit 
I can’t recall jnst now because the exhibits aren’t here—but I refer to Mr. 
Whiteside, corporation connsel, his letter answering a commnnication from 
yonr board, and in that letter it says, “ In reference to the inspection of the 
ballot list, I advise yon that Mr. Tagne should have full opportunity to see it 
all—check lists.” In substance those being the words. Do yon recall that?—• 
A. I recall a letter from the corporation connsel. 

Q. Don’t yon recall that the matter that I have jnst substantially stated was 
incorporated into that letter?—A. I wonld have to see the letter first. 

Q. Now, then, is yonr memory of what took place there practically on the 
same basis as to yonr recollection of what that letter was?—A. My memory 
is fairly clear. 

Q. But yon haven’t any clear notion as to what that letter contained?—A. A 
fairly clear notion. 

Q. Don’t yon recall it referred to the fact and advised yonr board that Mil 
T agne shonld be given opportunity to inspect the check lists?—A. I should 
have to see the letter. 

Q. Don’t yon recall that fact about it at all?-—A. There was some mention 
of check lists made in the letter. 

Q. Wasn’t that in response to a question of yonr board as to whether Mr. 
Tagne had a right to look at those check lists?—A. To a certain extent; yes. 

Q. Yon withdraw yonr testimony of a few moments ago that there wasn’t 
any snch thing?—A. No; I don’t. 

Q. Do yon?—A. Not at all. 

Q. Not at all. Do yon recall which member of the board refused to allow 
me to inspect the names of those who had voted?—A. Why, my impression is 
that there wasn’t no one objected to yonr seeing the names. 

Q. Do yon recall anybody putting a piece of paper over the names?—A. No. 

Q. Was there paper put OAer the names of those who voted?—A. I think 
not. My recollection is the paper was pnt over the description of the persons. 

Q. What description of the persons is there on that voting list?—A. The 
height and their age. 

Q. Can yon tell me any reason why the paper shonld have been pnt over the 
description of the man, and not over the man himself?—A. Yes. 

Q. What was it?—A. Why, so that—so as to prevent possible fraud in the 
future. 

Q. Will yon explain what yon mean “ to prevent possible fraud ” by giving 
me at that examination an opportunity to see the description, the official de¬ 
scription of the man who voted?—A. So as to prevent anybody from sending in 
persons of practically the same description, height and age. to vote. 

Q. But the primary was over, wasn’t it?—-A. The election wasn’t over. 

Q. But the examination was going on in reference to those who had voted, 
was it not?—A. True, but we had to prevent any information which wonld 
give a person a description of the voters, so as to prevent fraudulent voting. 

Q. Yon showed them all up at the ballot law commission without any desire 
to keep them back, and that was before election, didn’t you?—A. The ballots 
were subject and the lists were subject to the order of the ballot law coimnis- 
sion. We had nothing to do at all with, we had nothing at all to do with, it. 

Q. Do yon know any law that gives yon the right to withhold any informa¬ 
tion as to who the man is; that is, claims to vote under a certain name?—A. I 
can’t quite understand that question. 

Q. Do you think there is any such law? 



TAGUE VS. FITZGERALD. 


663' 


o* he does not understand j^onr nnestion 

.a, riec4io^roSl‘'?rm:rsiv^ «'=“ yon, 

.nan Who Is supposed to h?;"'the^ll^M't v‘r'n!' As 

Q. As to anj’thing 
and age, etc.? 


to the character of 


as 
■ of 
the 


about him the fullest description.—A. As to his 


height 


As to everything in reference to him. 
a law? A. Yes; my impression is— 


Do yon know whether there 


IS 


That^Gm el^'ctimfl^^^^^^^ ^'^^‘^Pter 835. 

Tsi n 11 1 •»-» i-.-. 4-1, -..i. 1 _ 1 ^ 


Q. 

such 

Q. 

Q. What?—A. Yes. 

Q. Can yon refer to it here‘s—\ T hnvPiCf h no..^y t i ^ . 

to refer to it recently. * ^ it heie. I haven t had occasion 

^^^asserman, the fact is this: Yon had never had 
;-ecounff-l That is ^' 0 ^“”’ '.efore this primaVy 

d-iv'n'f til/,?"’ fact, had never read the election law up to the 

A started hy Mr. Tagne?—A. I think I have 

Q. Eidnt .\ou state at the hearing there that you had never read the law’ 
Di lit you hold the hearing up several times in Aaler to gh-e vou a chance to 

tore;/A X? ‘'’® ’f"’ y«t. said you had never known be- 

as a mattei- of fact, Mr. AVnssernian. openlv, in the presence 
of Mr. Miller and myself. Mi-. Tague. Mr. Harrington, mid'others win, wre 
*"® "'t’t.'t' liare to liold up because you were very unfamiliar 
^'1111 ''’^1'^ <^^1^ latest member and von were only in there a short 
time? Iton t you recall thatV^A. As to one par'tlcular phAse'l yes. ?remember 
one paiticnlai incident where I said that I wasn’t sure that the election hoard 

certain information and I wanted to make sure we had 
r?eean it '' '' Pi*‘>^-eeded. That was at the close of one evening session, as 

Q. Didn’t yon state that more than once?—A. I think not. 

tli^'fiSA'd'.V?!.'/'''’® ‘'1 'fttst a dozen times during the first and .second davs; 

confeifitv-A w/i "t 'r nhout that law and were frank enough to 

coMess It. A. Mell. I am frank enough—I was frank enoii.gh to confess I did 

T wnntod ?o", ? w ^ Pa.'ticular sections 

1 anted to refresh myself on. 

Q. Now, let ns take up another feature. Yon recall Mr. Pinigan at the re¬ 
count on the election matter—do yon recall the incident where I sought to have 
certain precincts m ward 6 recounted, and it met with hitter opposition from 
Mr. Finigan, after IMr. Bnrleii had. as chairman of the board, said that the 

precincts should he recounted?—A. AVell, I do not recall distinctly of any bitter 
opposition. . j i 

Q. Yon do not? Do yon recall that there was over an hour’s argument he- 

the board finally allowed ns to have tho.se two precincts recounted _A 

I do not. ■ " ' 

Do yon recall Air. Finigan getting up and leaving the room and saying 
he would not participate in the recount and wouldn’t sign, the recount, no 
matter what it showed?—A. As you talk alxmt it there may have been some .sug¬ 
gestion of that kind made. 

the board in great anger and smash the 
care what the result is, I will never sign 
the room?—A. In connection with what 


fore 

No; 

Q. 

-that 


Q. Didn’t JNIr. Finigan get up from 
table with his fist and say, “ I do not 
the result of the recount,” and leave 
incident was that? 

Q. In connection with the recount of the election in precincts 1 and 2 of 
ward 6? 

Notary Mancovitz. You mean the re-recount. 

A. The only incident I recall was that the hoard had already recounted cer¬ 
tain precincts. It may have been precincts 1 and 2 of ward 6. Then you or 
somebody representing you made a request that we hold a second recount of 
the same precincts, for what purpose I do not now recall, and I think that met 
with some objection, but finally after the board discussed the matter, we all 
agreed to do it again. 



664 


TAGUE VS. FITZGERALD. 


✓ 


Mr. Callahan, It was clone again? 

The Witness. Tliat is my impression. 

Q. Do yon recall in order to do that yon withdrew from the room and asked 
Mr. Finigan to come in and he couldn’t come in at first and finally Mr. Bnrleri 
and yonrself came out and begged him to go in, and after further consultation 
yon came out and urged him and agreed to let it be done, and Mr. Finigan got 
np and said, “ I want it distinctly understood that this is against my protest ”? 
Do yon recall that?—A. Well now, yon have stated four different incidents. 

Q. No; I am giving yon the whole thing,—A. I think, well—I think as to 
part of it yon are wrong. As to some of it yon are right. 

Mr. Callahan. Entirely wrong. 

Q. Which part of it do yon think I am wrong in?—A. The begging and the 
urging on the part of the board, as to Mr. Finigan. 

Q. All right; tell ns yonr view of it.—A. We simply retired, as I recall it, 
and sat down and discussed the matter, and decided to give yon every possible 
request that we conld give yon which was within possible bonnds of reason, 

Q. Didn’t yon have to come out of the room to get Mr. Finigan to go in 

there?—A, That I do not recall. 

Q. Did yon?—A, INIight have done that. 

Q. Why do yon say yon think I am wrong about that if yon do not recall it?— 
A. I said yon were wrong as to onr begging and nrging. We might have gone 
ont of the room and asked him to come in. 

Q. Yon might have gone ont of the room and asked him to come in?—A. But 

I do not believe we had to beg or urge him to come in. 

Q. He wouldn’t go in at the first invitation anyway. That is a fact, isn’t 
it?—A. That may be so. I am not sure as to that. 

Q. Yon want to quibble on whether yon begged and urged him?—A. That is 
yonr question. 

Q. Now, whether that differed from asking him—but as a matter of fact, a 
request was made of him to come into the room aftei- yonr other commissioners 
had decided to go in tliere and he did not go with yon. That is true, isn’t it?—- 
A, I do not recall particularly as to that. 

Q. Now, do yon recall, going along a little further in the incident, do yon re¬ 
call when the votes were recounted again in that block of ward 6, precincts 1 
and 2, it disclosed that there was a gain for Mr. Tagne of 8 votes? 

INIr. Callahan. Now, yon never showed that. Yon just had INIr, Tagne say 
that but never showed it. 

Mr. O’Connell. I say it, 

iNIr, Callahan. Oh, well, show it. 

Mr. O’Connell. I am doing it. 

Mr. Callahan. Yon say it; had Tagne say it. Now, show it by the record. 

Q. Don’t recollect?—A. I can’t say, I do not recall that. 

Q. Now, do yon recall when that was aiinonnced?—A. I say I can’t sa^' as I 
do recall that. 

Q. Oh, yonr voice dropped. Excuse me. I don’t catch some parts of yonr 
sentences. 

Q. Do yon recall that there v/as any change made as the resnlt of that re¬ 
count?—A, I do not. 

Q. Do yon recall the incident of Mr. Finigan getting np when there were 
some changes annonnced and saying that he never would sign the resnlt, no 
matter what is was?—A. He did sign the resnlt, didn’t he? 

Q. I am not asking yon that, sir. Do yon remember him doing so?—A. Of 
signing the resnlt? * 

Q, Of saying that we would not sign?—A. I do not. 

Q. Were yon there?—A. Of conrse I was there. 

Q, Yon want to say yon did not hear Mr. Finigan get np and make that state¬ 
ment and leave the room in anger?—A. I won’t say that he did that. 

Q. Yon won’t say that he did not, will yon?—A. No; I won’t. My recollection 
as to that particular incident is kind of hazy. Mr. Finigan is a little bit excit¬ 
able at times. He might have felt yonr attitude was unreasonable and perhaps 
got worked np over it, whereas we were calm and decided no matter how un¬ 
reasonable yon were. 

Q, Yon are very voluble with yonr talk, bnt seem to be very deficient as far 
as memory is concerned. Jnst answer my questions. Now, are yon attempt¬ 
ing to protect INIr. Finigan in tins manner in which yon are testifying?—A. He 
needs no protection. 


TAGUE VS. FITZGERALD. 665 

Q. Are you trying to protect him?—A. How shoukl I try to protect a man that 
needs no protection? 

Q. You said he was (piite excitable?—A, Yes. 

]Mr. Catj.ahan. Mr. Pinigan was on the stand the other <lav and he could have 
have asked him all these questions and he did not do it. 

Q. You said Mr. Pinigan was quite excitable, didn’t you?—A. Yes. 

Q. And that excitability displayed itself on .several occasions during the re¬ 
count, did he not? , 

IMr. Callahan. Now, Mr. Notary- 

A. As I recall it, it only displayed itself when he thought certain requests were 
being made were unreasonable requests. 

Q. I do not ask you what you think. I am asking you whether or not it did 
display itself several times?—A. I should say not. 

(}. How many times?—A. It might have been once. 

Q. Wasn’t it more than once?—A. I think not. 

Q. Y’'ou are very positive of that now?—A. I feel my recollection is becoming 
ciearer as we discuss the matter. 

Q. Why should you say Mr. Pinigan is very excitable if he only got excited 
on one occasion? 

iMr. Callahan. Now, wait, wait. I do not think you need to answer that. 

Notary Mancovitz. If he can give his opinion he can give it. 

Q. Go ahead and answer the question.—A. Mr. Pinigan is the type of man 
that will accede to almost any reasonable request. 

Q. I am not asking you about that.—A. Answering your question, I have 
always found when unreasonable requests are made of Mr. Pinigan to the ex¬ 
tent of something that ought not to be asked for, he gets worked up. After you 
discuss the matter with him quietly he calms down and agrees to everything you 
want him to do. 

Q. In other words, you know how to work Mr. Pinigan?—A. I think I know 
how to handle him to a certain extent diplomatically. 

Q. And if a person doesn’t know how to handle him. he is going to he a very 
diflicult fellow to get along with?—A. No reasonable fellow will find him diffi¬ 
cult to get along with you. 

Q. In other words, Mr. Pinigan, being a man of that character, unless a man 
asks and does things Mr. Pinigan thinks are all right, Mr. Pinigan is going 
to display resentment and unreasonableness?—A. Not always; no. All de¬ 
pends on what is asked of him. 

Q. Now then, you stated that you had seen me and asked me when I was 
going on with the hearing in reference to the illegal registration?—A. Yes. 

Q. Y’ou saw me at the statehouse?—A. Yes. 

Q. And that was at the time that the hearing was being held by the ballot 
law commission?—A. Yes. 

Q. And that was about five days before election, was it not—five or six days? 

Mr. Callahan. No, no. 

Q. Wait a minute now.—A. I should say it was the day after the time set 
for the hearing by our board. I can’t recall it was 5 or 10 days. 

Q. Any wav, it was when the ballot law commission hearing was on?—A. 
Yes. 

Q. And inasmuch as that did not get over until five days before election- 

IMr. Callahan. That is not so. That is not s<l 

Mr. O’Connell. Wait a minute. 

IMr. Callahan. I know; but ask the proper questions. 

Q. Now, Mr. Wasserman, you were one of the witnesses before the ballot 
law commission?—A. Y^es. 

Q. And you know the ballot law commission hearing was going on when your 
board sent me notice to appear before them to conduct this other hearing, 
didn’t you?—A. I think on that particular afternoon it wasn’t going on. 

Q. Did you think it was sufficient notice to give a man to give a lawyer 15 
minutes to get his client and witnesses together?—A. Why, under those cir¬ 
cumstances I certainly do. 

Q. And the list of names that were to he considered was over 200 names, a 
very long list anyway?—A. Yes; but you did not have to bring the witnesses 
down. All you had to do was to make a prima facie case. Probably had one 
investigator or two. 

Q. On all of that?—A. Y^es, of course. I assume you must have had an in- 
A’estigator around to find out. We were there ready to listen to him talk. 



666 


TAGUE VS. FITZGERALD. 


and if we were satistied the evidence had any force at all in it we would send 
out snminonses to all of them. 

Q. Now, yon know, as a matter of fact, don't yon, as a man interested in elec¬ 
tion matters, that the decision of the ballot law commission which was sitting- 
on onr appeal from the actions of your hoard, didn’t send down its decision 
until Tne-day afternoon before the State election?—A. I do not recall. 

Q. You were familiar with the fact that the hearing involved the honor and 
the actions of your hoard, didn’t you?—A. Yes, I think perhaps you made cer¬ 
tain allegations as to our board. 

Q. And you were interested as a board to find out what the result of the 
ballot law commission was, were you not?—A. Why, we were interested, nat¬ 
urally. 

Q. And the papers were carrying a large amount of notice in reference to 
the hearings that were going on at the statehouse concerning the recount held 
by your board. That is true?—A. I believe there was. 

Q. So you were familiar with the !-tatus of the case as it was going on and 
you knew that the case was not over until Tuesday prior to election, didn't 
you ? 

Mr. Callahan. That is not so. 

A. I do not know that. 

Q. You did not know about it probably until Wednesday? 

IMr. Callahan. That is not so. 

Mr. O’Connell. I know it is so. 

INIr. Brogna. Several days you did nothing. They weren’t sitting. 

INIr. O’Connell. The records show. 

Mr. Brogna. Merely waiting for a decision. 

Mr. O’Connell. Plea^'e wait a minute. The record that is already in here, 
which was put in by Mr. Cunningham, and substantiated by the secretary of 
state, was that the final decision was not rendered until Tuesday prior to Sec¬ 
tion. 

INIr. Callahan. We can agree, perhaps, what day the decision came down. It 
is true there was an interval of four or five days when you were doing nothing. 

Mr. O’Connell. Well, if there was ever a day when'l was doing nothing at 
that time I would like to know when it was. 

Q. Now, Mr. Wasserman, you haven’t any papers here showing when any 
action was taken by the election commissioner in reference to those names'? 

INIr. Callahan. The papers are already in. 

Q. You haven’t any papers, have you,' with vou?—A. In reference to those 
men ? 


Q. Yes. In reference to what I am asking you about concerning the action 
of your board in reference to Mr. Tague’s petition?—A. No; no papers here 
with me. 

0. Did not bring any papers?—A. No. 

show^'^^ tliis question: Assuming that the records already 

Mr. CA7.LAHAN. Do iiot assuiue anything. 

Q. (Continuing.) That the ballot law commission did not make its 
findings until Tuesday prior to election, did your board at anv time notify 
Mr. Tague, or myself or any of his attorneys after that decision that vou were 
ready to tak^ up the question of INIr. Tague’s complaint against illegal regis- 


_ Q. When?—A. Why, I met you on the street and asked vou whether vou 
intended to go ahead with it. 

Q. What date was that?—A. I think perhaps after the ballot law commission 
decision came down. 

Q. Have you any memorandum of that fact?—A. T^IemorandunD No ^Iv 
recollection. ' ’ 

Did you make any written note of that fact?—A. No; no written note 


Q. Is it in the record of your board?—A. No. 

Q. All you have is recollection you may have met me on the street 
some day?—A. Yes; and asked you whether you intended to go ahead with it 
1 gathered from what you said you did not care anything about it. 

^ Q. Did .vou call that fact to the attention of your board?—A. My recollection 
IS I told the board that -from what I gathered from what you said and what 
your associate said, you did not care anything about it at all. 

Q. Wdiat associate do you refer to?—A. Mr. Goodwin and Mr. Harrington. 



TAGUE VS. FITZGERALD. 


667 


may have talked with them. I think 


Q. Had yon talked with them?_A. I 

I talked with INIr. Goodw^in one day. 

A. Either np to the State House—I can’t give voii 
ahont it ' gathered from wdiat he said yon did not care anything 

I thiiik^so liearing was going on np there?—A. Yes; 

mmieV^firniiVili"" ’^r ^ i-^‘>i-enee to the time after the ballot law commisnion 
I ;To not reciil”^ '''''' A. I think not; 

Q. Did yon have any talk with I\Lr. Harrington?—A. No; T had with von 
^h^»ii cant tell the date?-A. No; may have been a day or so after 

ele?*tion\Dv'^ 'xw ketw^een that time and 

« ew • V ^ ^ what yon are stating for 

a tact legaiding the w’ohle affair—do yon mean to tell me that von saw^ me 

at any time between the final date of the ballot law commission hearing when 
they aimonnced their decision, and election day?—A. My impression is I did. 
tj. All it IS IS impression.''—A. And recollection. 

Q. Now,', tell ns did yon, as a inemher of that hoard, take any action as to 
tie legistration of these men that wan-e complained of, to find out whether 
they were entitled to vote or not?—A. CVrtainly. 

(). Mhat did yon do?—A. AVhy, we had the lists. Yon mean anv personal 
acts on my part? * ^ ijai 

v?‘ I nothing personally, hut my associate inemher of the hoard 

did. of course, in connection with my activities as a inemher of the hoard 
naturally. « 

(}. All yon did was—ajl that they did w^rs to look at the list to see if the 
names w'ere on the list, wvasn’t it?—A. IVe looked at the police list to see if 
the.v were listed on April 1. 

(}. \es. A. 1 hen looked np the voting list to see if thev were propeiiv 
registered. ' i i . 

Q. Yes.—A. So. wiieii w^e found that out we were satisfied so far as we w^ere 
concerned ^ they w^ere properly registered and entitled to vote. Then the 
next step in your petition should have come from yon. ATni should have come 
in with your witnesses. 

Q. I am asking yon wiiat yon did. 

IMr. Callahan. Oh, wait, wait. He will tell yon. 

A. Here is wiiat w^e did. AVe sent yon notice w’e were ready to go ahead 
and listen to wiiat evidence yon had. 

Q. AYhat else did yon do?—A. I notified yon personally the next day. I 
said, “ AYe are ready to go ahead.” 

Q. AAdiat else did yon do?—A. I think after the ballot law^ commission 
decision came dowm, or perhaps the same day or next day, I met yon and 
says, “AAliat about this petition?” Yon said—from wiiat yon said I gathered 
yon did not care an.vtliing about it. 

Q. AAiiere did yon meet me?—A. i\Iy impression is. near Thompson’s Spa. 

Q. Yonr impression is yon met me near Thompson’s Spa?:— a. Exactly. 

Q. At wiiat time?—A. I can’t- 

Q. Nowl in other wmrds, wiiat yonr hoard did, after they w^ere told by Mr. 
Tagne, yon w'ent and looked at the list. Tagne’s list told yon those names w^ere 
on the voting list, didn’t it? He complained about them being on the voting 
list?—A. A>s, sir, 

Q. And yon w^eiit to the voting list and yon found they w^ere on the voting 
list?—A. Yes; and they w^re properly on the voting list. 

Q. He told yon they w^ere on the list, didn’t he?—A, No; but w^e w^ent to see 
if they w’ere properly on the voting list. 

Q. AAiiat yon did was to go to the police list, or assessors’ list, to find out 
wdiether it w-»; on that list?—A. On the police list, exactly. If they w^ere on 
the police list, so far as w^e w'ere concerned, they were properly on the police 
li.sts. 

Q. But yon did nothing to find out w'here these men actually did live, did 
yon?—A. We were satisfied as to wdiere they lived. 

Q. In other words, the only thing that satisfied yon wms yon found the.se 
names on the list?—A. Yes. 

Q. Now, my question is this: Did yon do anything to find ont wdiei-e any one 
of those men complained of really did live?—A. AVhy, having already found 
out where they really did live, there w’as nothing else for us to do. 




668 


TAGUE VS. FITZGEKALD. 


Q. Won’t you answer my question yes or no? Did you do anything to find 
out where any man complained of really did live?—A. Certainly. 

Q. What did you do, other'than look at the list?—A. That is what we did— 
looked at the list. 

Q. You did not do anything beyond that?—A. Certainly not. We are not 
obliged to do anything beyond that. 

Notary Mancovitz. I think that is all, Mr. Wasserman. 

Mr. O’Connell. You wait a minute. I am not through with him. 

Q. Well, now it is your duty as election commissioner, to keep the voting lists 
of the city of Boston in the — so that nobody will vote who hasn’t a right to 
vote, isn’t it?—A. No; it is not. 

Q. Then you do not care, as election commissioner, whether a man has a 
right to vote or not? If you find his name on the list, that is all you need to 
care about?—A. All we need care about is this: If the police find him at a cer¬ 
tain address on April 1 and make a return under the statute they have found 
him there and the man comes in and is registered, then he is entitled to vote, 
so far as we are concerned. 

Q. And as far as you are concerned, also, if that information conveyed to 
you that man did not live there, it makes no difference whether it is true or 
not?—A. I didn’t quite get your question. Repeat it. 

Q. In other words, it makes no ditference to your board whether the police 
information is true or not?—A. We never question police information. We 
can’t question it. Under the statute we are obliged to take it. 

Q. The information and testimony in this case shows that there have been a 
lot of men registered- 

Mr. Callahan. In what case? 

Q. (Continuing.) Who did not live in the places where they are purported 
to have lived, and that being so, I want to ask if you, as a member of that 
board, have done anything to purge the list of the ‘names of those men con¬ 
cerning whom evidence has already been given? 

Mr. Callahan. Now, wait. 

Q. And conveyed in the public press that they did not live at those places? 

Mr. Callahan. Now, wait one minute. Those are simply allegations. There 
is no proof. 

A. I understand that we have no evidence before our board of any such 
facts as you now state. If we had any evidence before our board by a petition 
under the statute that any person who is registered and listed as at a certain 
address did not really live there and wasn’t entitled to vote and we were satis¬ 
fied that there was some evidence—I do not care how slight it was—the slightest 
sort of evidence produced before our board by a petition we would send out sum¬ 
monses and give you or anybody else who is interested in purging that list 
opportunity to come in and present evidence, and if were satisfied that man is 
improperly on the list we would strike his name off. Otherwise we wouldn’t. 

Q. In other words, Mr. Wasserman, your attitude is this: No matter how 
niany men are complained of, no matter how many men are complained of for 
illegal registration to your board, your board that is a highly paid board, will 
sit there and do nothing unless somebody brings in-some evidence to you?— 
A. That is not so, at all. 

Q. hat else is there, other than what you said?—A. Except in vour imag¬ 
ination. 

Q. I am asking you, can you give me a single thing you will do. Will you 
name a single thing you v/ill do to purge the list?—A. Yes, sir. 

Of illegal registration. Wait a minute. You are a very voluble witness 
and you have long answei-s. Let me ask you a question before you interrupt 
me. Will you i)lease tell me anything that your board will do on a complaint 
from me or any other citizen complaining that there is a lot of illegal regis¬ 
tration in Boston, other than to go and find out the names are on the list 
and also on the police list?—A. Of course, Mr. O’Connell, I told you that be¬ 
fore. Any citizen of Boston that testifies, or is satisfied, there* are certain 
names on the list illegally, or names of certain persons on the list who are not 
entitled to vote, we will hear you, or hear anybody, at any time, and if there 
is the slightest evidence of any of the facts that you allege, we will send out 
summonses to bring those men before our Ifoard, and if the evidence sustains 
your contention, we will strike the names right off the list. We do not want 
illegally-registered voters on our list if we can help it, and we call upon anv 
citizen, public spirited citizen in the city of Boston to help our board purge 
that list if they want to do it. We are there to help them. 



TAGUE VS. FITZGERALD. 


669 


to you to purge the list 


Q. Have you taken any action-- 

Mr Callah-^. Have you given any evidence? 

g. (Contmning.) On that list that was submitted 
tioin those names?—A. Any action? 

tliei-e*—Have'von^Tl.,n‘o\’‘''ti'‘‘*^ ‘"'t “““e "'as 

( Wlm is t" A <l'’estion?-A. Yes, sir; we have. 

•uni'we l ent t .=> meeting of the board to await vour coining 

1, . ' ■•eadlness to meet anv time von came li wn 

slionld'inake"”’^ " >'>'>• allegations you in- anybody else 

101 Q submitted to vou in the last week of Octobor 

Tim to';n-o^;:';:n::'"i;^r ‘<> "-ait?-,.:^ ^^:.‘it'r^;4,?f"'Ko; 

Q Then you waited?—A. After you did not show up, because as von snv 
gl-Iinnotice—but as we think you had ample notice—we notitied vou 
again, and we we,e satisfied from what you said and from tw conducrin m>t 

w/m nu petition was not tiled in good faith, that they were mei-e 

11 allegations and wy do not chase alli^gations all over the citv. 

i. * nsuei my question. Have you done anything, yes or no—\ Of coiirso 
we have done things. couise, 

, waiting? What have you done, except to wait‘d— 

I think I have answered that quesStion fullv enough 

Q Have you done anything, other than ^^■hat you have stated, and waited*^— 
A. Ion ha%e heard what I stated we did, haven’t you’ 

pern- More-7oV;'";mr“ ‘o •’'P- 

Notary Mancovttz. That question has been given back and forth 
Q. Have you? 

Mr. Callahan. He has answered that. 

ti u "**’■ O’Connell, if a man came along and .said every citizen in 

the cit.i of Bo.ston was illegally registered, you would want ns to do some¬ 
th ng.nore beside calling a meeting of the board to listen to wild allegations-' 

g It il S“oO?-4’''’Ye1®«>m-y. “ 

Notary Mancovitz. It is immaterial. 

Q. Have yon, as a servant of the city of Boston, entrusted with the safe¬ 
guarding of election machinery, have you asked for any information from any 

'in tlmt fnni'Tst to the conduct of elections 
ill that lUth distiict?—A. My dear sir, we are ready_ 

g. Answer yes or no.—A. —to listen to information. We are ready at anv 
tinie to have petitions filed. We are ready at any time on proiier evidence to 
strike off names of tho.se Illegally registered. Until some evidence is produced 
those on the list are properly registered. ^ 

C- Ha^ e j oil gone to look for any evidence to find out whether 
made were true or not?—iV. There were no charges made 
Q. The charge was made those men were illegally on the list’- 
who ? 

Q. INIr. Tague.—A. In what form? 

Q. In the form prescribed under the statute and filed with vour board—\ 
AVhy didn’t you come along and produce evidence? " • - . 

Q. I am asking you if your board has tried to’ find out anything other than 
ask for A. Our board is not obliged to find out anything beyond the evi 
deuce of the police return. 

Mr. O’Connell. That is all. 

The Witness. We are ready to listen to evidence at any time 
Mr. O’Connell. That is all. 


the charges 
A. Made by 


Redirect examination by Mr. Callahan : 

Q. No evidence was produced by any of Mr.,Tague’s 
slightest, outside of allegations. 

Q. Or Mr. Tague himself?—A. Or Mr. Tague himself. 
Notary Mancovitz. Allegations are not proof. 

(Recess until 2.30 p. m.) 


attorneys?—A. Not the 


Jacob Wassekman. 





670 


TAGUE VS. FITZGERALD. 


AFTEENOON SESSION. 


JOSEPH L. KANE, sworn. 

By Mr. Bkogna : 

Q. Your full name, please?—A. Jospeh L. Kane. 

Q. AVliat is your occupation, Mr. Kane?—A. Secretary to Congressman Tague. 

Q. How long have you been his secretary?—A. Four years. 

Q. You are a single man?—A. Yes. 

Q. And you vote from 103 Meridian Street, East Boston?—A. Yes, sir. 

Q. That is in ward 2?—A. Yes, sir. 

Q. Precinct what?—A. Precinct 4. 

Q. Are you testifying from memory, Mr, Kane, or testifying from notes 
which you have before you?—A. No notes, just a registration card and your- 

Q. Summons. The address on the summons, 103 Meridian Street, was on the 
summons?—A. Very likely. 

Mr. O’Connell. I might observe if you wouldn’t lead the witness and asked 
him where he lived he would have answered you. All he is doing is agreeing 
with you. 

Q. What is the house at 103 Meridian Street, Mr. Kane?—A. It is a- brick 
house, a store downstairs and three floors up above. The store is occupied for 
a candy store. 

Q. And the three floors up above are used for what?—A. Rooms. Mr. 
McGrath-- 

Q. Lodgers or a tenement house?—A. Lodgers and tenement both. 

Q. They are not—all three floors are not all used by Mr. McGrath, are they?— 
A. No; he just uses one floor. 

Q. And which floor is that?—A. Well, it is the second from the street; I sup¬ 
pose you would call it the firsT floor in the tenement. 

Q. First flight?—A. Yes. 

(h Above the ground floor?—A. Yes. 

Q. Who occupies the floor directly above Mr. McGrath’s?—A. Well, the floor 
above that, there is a bathroom and three other rooms. 

Q. Occupied by whom?—A. Well, it used to be—at the present time it is 
occupied, one room is occupied by myself, and one occupied by Mr. McGrath, sr., 
and the other is a storeroom, where Mr. McGrath keeps some of his goods. 

Q. So that there are on that floor three rooms and a bathroom; and the floor 
above that?—A. The floor above that is sort of a garret like. 

Q. Well, this house-A. That is as far as I am familiar with the floor above. 

Of course, I do not go up. 

Q. There is no family living on the floor above?—A. No. What is upstairs, 
above the floor I am on, I wouldn’t he familiar with, because I do not go up the 
siaiiT*., ^ 

Q. Now, the first floor above the ground floor and the middle floor are ten¬ 
anted by whom?—A, The first by Mr. McGrath. 

Q. Has he his family there?—A. Oh, yes ; his father and mother. 

Q. What is Mr. McGrath, sr.—what does his family consist of?—A. There is 
a Frederick A. McGrath, and Frederick W. McGrath. One is the father and 
one is the son. 

Q. Frederick W. is the father?—A. Frederick W. is the father. 

Q. What does the family consist of?—A. Just the father. 

Q. Just the father and son?—A. Just the father and mother and the son 
P’rederick, who is the undertaker. 

<i. Is there anybody else living in that tenement of Mr. IMcGrath’s besides 
the persons mentioned by you?—A. No. Occasionally there is a chap named 
Johnnie Kelly that works around for Mr. :McGrath. He is in and around there 
a lot. I wouldn’t be surprised but what he might sleep there occasionally. 

Q. Now, how long have you voted from 103 IMeridian Street?—A. I voted— 
I started to vote from 103 Meridian Street in 1916. 

Q. Prior to that time, where did you vote from?—A. Let me see, in- 

IMr. O’Connell. Of course, I object. 

The Witness. 1912. 

Mr. O’Connell. And ask my objection be noted. It is not material. 

The Witness. It is all right. I will show you, because I will show you where 
I always voted. It leads up to it. 1909 I voted at—1912 I voted, or ’il, I voted 
in 1912 at 46 Chelsea Street 






TAGUE VS. FITZGERALD. 


671 


Q. And in 1913 wlior© did yon voto?—A. 1913 I votod from- 

]Mr. O’Connell. I do not see any need of going back five or six years to find 
out where tliis man voted. I do not think it is material. 

Notary Mancovitz. Objection noted. 

Mr. O’Connell. I ask my objection be noted. 

Notary Mancovitz. Note his objection. 

INIr O’Connell. To any inquiry - 

The 1\ iTNEss. W ell, Mr. O’Connell, it will just merely show I always lived-- 

Mr. Bkogna. I am showing that for yon, to save you the trouble, Mr. O’Con¬ 
nell. 

The WTtness. Those are lodging houses that I refer to. 

Q. After 1912. You said in 1912 you voted from 40 Chelsea Street. Wdiere 
did you vote in 1913?—A. In 1913 I voted at 13 Meridian Street. 

Q. At 13 Meridian Street. Is that a- lodging house, too?—A. Yes. That is 
owned by Thomas- 

Q 1914?—A. 1914; from 111 Maverick Street; 1914. WTlliam P. Grady con¬ 
ducted it then. 

Q. And in 1915 where did you vote from?—A. 1915 I voted from 111 Maver¬ 
ick Street 

Mr. O Connell. Again I object. I think I should object. I do not see any 
occasion for going into where INIr. Kane voted from- 

Mr . fiROGNA. W’e have got to 1916. 

Mr. O’Connell (continuing). Any other years than the present year. The 
issue is a very narrow one, and I ask the examination be confined to the issue. 

The WITNESS. W^ell, 1916 and ’17 make it. 

Q. You voted from 103?—A. During that time, in 1915, February of 1916, 
I moved to Mr. iNIcGrath’s house. I then went to WYishington with Congress¬ 
man Tague. I was there four years. Not having—anybody in the District of 
Columbia not having a right to vote, naturally a Government employee has a 
voting residence. 

Q. I am not asking you about that. I simply asked you where you voted from 
for several years. Leave counsel take care of that. Now, IMr. Kane, what does 
your family consist of?—-A. IMy family consists of myself. 

Q. Have you a mother?—A. I have. 

Q. W’here is she living?—A. She lives at 3947 Washington Street. 

Q. 3947 Whishington Street?—A. She hasn’t lived in East Boston for 12 years. 

Q. Now, please answ’er my questions and we will get through much sooner. 
Who lives with her?—A. My sister and my brother-in-law. 

Q. And your hrother-in-law?—A. YTs. 

Q. That is the sister you refer to, and her husband?—A. \"es; that is correct. 

Q. And that is what kind.of a house—one-family?—A. Three-family. 

Q. Two-family?—A. Three-family. 

Q. How many rooms in that tenement?—A. In that, let me see—there are two 
bedrooms, a bathroom, den, dining room, kitchen and parlor, sitting room. 

Q. W’hat is that—sir?—A. Y^es. 

Q. Wdiich tenement does Mrs. Kane live in?—A. The first. 

Q. And your sister and brother-in-law live in the same tenement?—A. IVIy 
mother and sister live—my mother lives with my sister. 

Q. Now, have you anj^ brothers, Mr. Kane?—A. Yes; I have a brother who 
lives with me. brother George. 

Q. Lives with you?—A. He and I—he has always claimed his home with me 
for 10 or 12 years since my mother moved from East Boston. 

Q. PIoAv often, Mr. Kane, did you go to 103 Meridian Sti*eet in the past four 
years when you were in Washington as Congressman Tague’s secretary?—• 
A. During that time my sister and mother were at Sharon and Weymouth. 
During the summer very seldom I came home. In the summer I used to go a 
great deal to see them. 

Q. How much of the time while you were in Boston have you spent at 3947 
Washington Street ?^—^A. Well, I suppose that I might spend Sunday there 
once in a while. 

Q. Haven’t you gone there to sleep* on nights other than Sunday nights?— 
A. Very seldom. 

Q. You have gone there nights other than Sunday nights?—A. Well, very 
seldom. That is, on a rare occasion I might. 

Q. What would you call “very seldom”?—A. Oh, perhaps once in a month; 
something like that. 







G72 


TAGUE VS. FITZGERALD. 


Q. You have belongings, personal effects, at 3947 Washington Street, haven’t 
yon?—A. I wouldn’t say that. I wouldn’t call them belongings. About all my 
i)elongings are- 

Q. Weil, have yon or have yon not?—-A. Well, I suppose naturally might 
say—it is according to what yon call “belongings,” tirst. If yon define “be¬ 
longings,” INIr. Urogna, perhai)s I would-- 

Q. I'ersonal property.—A. Personal property? 

Q. Yes.-—A. Well, I suppose I might say some personal property; stuff that 
was left there when my sister—before I left home. 

Q. Haven't yon got some of your wearing apparel at 3947 Washington 
Street, INIr. Kane?—A. Might have an old hat or old coat. Not my wearing 
apparel, by any means. 

Q. Yon have an old hat and old coat?—A. My wardrobe isn’t so extensive 
that I can distribute it. 

Q. Your clothes other than what yon have on your back are at 3947 Wash¬ 
ington Sfreet. aren't they?—A. f)h, no. 

Q. They are at 103 Meridian vStreet?—A. Oh, yes; the most of them. Some 
of them are in Washington. 

Q. Some are still in M'ashingtoii? Haven’t yon given up your quarters in 
Washington? 

Mr. O’Connell. Oh. he is going back there. 

Q. Have yon still quarters at Washington at the present time?—A. I have 
a steamer trunk tilled with clothes down there, 

Q. AVhere; in storage?—A. No; down with a friend. 

Q. At a friend’s house? And in the last four years a great—or much of 
your time has been spent in Washington, hasn't it?—A. l"es; a great deal of 
the time. 

Q. And whatever time yon have stayed in Boston over night, the major 
part of your time yon slept at 3947 Washington Street?—A. No; I slept over 
in East Boston, because that is where our office is practically. I always made 
an office out of Mr. McGrath's store to meet Mr. Tagne’s constituents over there 
in that section of the city. He always suggested I do that. 

Q. During the past few' years, the Congressmans’ office was for part of the 
time in the Kimball Building in Boston?—A. That is mostly for people in 
town. 

Q. Isn’t that where you spent most of your time as secretary while you 
were in Boston, at-A. I w'ould say the daytime. 

Q. (Continuing.) IS Tremont Street?—A. The daytime, but not nights. 

Q. So you made your other headquarters as secretary in an undertaker’s 
shop. Is that right?—A. Well, simply might say—wouldn’t say that the 
headquarters was in the undertaker’s shop, but- 

Q. What was in there?—A. I had been thera I had chummed around with 
Fred McGrath probably 20 years. 

Q. That is, you w'ere very friendly w’ith Fred McGrath?—A. Sure. 

Q. Have you seen Frederick A. McGrath to-day?—A. No; I haven’t seen 
him. 

(}. Did you know that Fred McGrath was summonsed to appear here 
to-day?—A. Yes. Mr. McGrath—w'e talked it over. 

Q. Have you talked it over with him?—A. Mr. McGrath was coming here 
to-day. 

Q. Have you talked it over with him?—A. Only that he was to meet me here. 

Q. When did you have that conversation w'ith him?—A. I had a conversation 
with him, I think last night I talked with him. 

Q. Last night?—A. He told me he had a funeral to-day of some man. 

Q. Just a minute, please. And did he tell you that he had been sum¬ 
monsed?—A. Did he what? 

Q. Did he tell you that he had been summonsed?—A. Oh, yes; said he was 
summonsed and was coming. 

Mr. O’Connell. He sent a letter in, you know'. I have a letter on the record 
there that he w'ould appear just as soon as the funeral w'as over. 

Q. Your brother w'ho you say makes hi§ home wdth you; what is his occupa¬ 
tion?—A. He is in the Navy. 

Q. How long has he been in the Navy?—A. Oh, he has been in the Navy I 
guess, about pretty near tw'o years now'. 

Q. And have his duties at the Navy taken him out of Boston permanently 
for any length of time?—A. I couldn’t say that. He has been aw'ay more or 






TAGUE VS. FITZGERALD. 


673 

'vInt into the Naly."® ^ '’e'-y ofte« «ince he 

ten y^u':" "> «’« 

Mr. Sr Doelnt Inton'^t nrat'aM™""""’ 

Na'^Sner-btottolfur"'* • "''-t branch of the 

Mr. Brogna. It may not to yon. 

Mr. O’Connell. Do you really think it is to you? 

Mr. Brogna. I do not know for sure. 

tiOto*' >f you say it is material, I won’t urge my objec- 

Q. He is younger than you are?—A Yes 

K^er-'i.'Not nrmotoer“to‘herZ?‘:upijr^ 

It?ioe“t’t .tmonntrrg7ett det.h ‘‘‘ b™‘'o«.v.. 

Of^oiSe, I^myi^ ?—A. Oh, yes; I haye helped her ; 

wlmt?^^''^ Washington Street?—A. Have I 

A may use any time you go there or choose to go there?— 

A. M elk I supix)se any night I could sleep some place. I suppose I could sleen 
111 the dining room or some place like that if I went there. It isn’t big enou"h 
for oyer three people to sleep in. ^ enou^n 

have g^chambS ^ Mkashington Street you did not 

That you customarily use?—A. Well, I very seldom slent 
Iheie. When I slept there I slept on a couch. 

Q. And you have gone home to these various lodging houses at 46 Chelspo 
Street, 13 Meridian Street, 111 IMaverick Street, and now 103 Meridian Street 
loi the purpose of being able to vote from East Boston“i* 

Mr. O’Connell. He did not say that. 

A. I have lived—I have .absolutely lived in them 365 days in the year. 

Q. les. That is not what I asked you. Have you gone to these lodging 
houses for the purpose of being able to vote from East BostoiD—A No- it i? 
my home. ' ' 

Q. So that you consider your home any lodging house where you can <^et 
accommodations around April 1? j' != 

Mr. O’Connell. Oh, I do not think- 

A. Oh, that is a very unfair question. I have lived in these places. 

Q. I am not asking you, Mr. Kane, to pass upon the fairness of the ques¬ 
tion. I am asking you to answer it, if you care to. It is up to me to frame the 
question. 

Mr. O’Connell. It seems to me the witness has got a right to comment on 
an unfair question. 

Mr. Brogna. He has not right to comment on the fairness of the question 
He can answer or refuse to answer. 

Mr. O’Connell. If the question is unfair he ought to say it. 

Mr. Brogna. I do not think any witness has any such right. Mr. Kane 
knows his right. He can answer it or not. 

The Witness. What was the question? Please read it over. 

Q. WTiether you have gone to these various lodging houses around April 1 
for the purpose of voting in East Boston?—A. No, sir. I was born in East 
Boston. My mother before me was born there; always lived there until 
recently. 

Q. Do you consider that because you were born in East Boston, no matter 
where you may live at any other time that you ought to have a right to vote 
from East Boston, by simply giving your name in a lodging house’ 

Mr. O’Connell. I think you should incorporate into that question that the 
man has lived there. 

The Witness. Do you know a place where a single man can live unless he 
lives in a lodging house? 


122575-19- 


-43 





G74 


TAGUE VS. riTZGERAI^D. 


Q. Do I know a place where a single man can live unless he lives in a 
lodging house?—A. Or a hotel? 

Q. Yes. He can hoard with families.—A. But very few people board in 
Boston. 

Q. And various other places. 

Notary Mancovitz. A lodging house is no disgrace. 

The ^\TTNESS. I reg:istered in the draft from that house. 

Mr. Beogna. I noticed the card. 

Mr. O’Connell. He did not want to inquire about it. l^ou leave that to 
me. I will bring that in: 

Mr. Beogna. It is immaterial. That is all. 

Cross-examination by Mr. O’Connell : 

Q. Just one or two questions. You have your draft card there?—A. Yes, sir. 

Q. What does that draft card say?—A. “Joseph Lawrence Kane, 103 Me¬ 
ridian Street, East Boston, Mass., 12th-day of September, 1918. Thomas E. 
Carr, registrar.” 

Q. That is the place where you have been living and where you voted from?— 
A. Yes, sir, 

Q. 103 Meridian Street. Now, Mr. Kane, during the last four years Con¬ 
gress has been in pretty near continuous session, has it not?—A. Yes, sir. 

Q. Extra sessions were called and Congress sat late so that most of jmur 
time has been spent in Washington?—A. Yes, sir. 

Mr. O’Connell. That is all. 

Mr. Beogna. That is all. I understand my brother agrees this [indicating] 
may be introduced as an exhibit and marked. It is the police list of ward 5, 
taken April 1, 1918. 

(The book, police list of ward 5, April 1, 1918, is admitted in evidence and 
marked “ Contestee’s Exhibit 18.”) 

Mr. Beogna. Just mark these [indicating] as one exhibit, 20 summonses 
issued by David Mancovitz, Esq., sitting as notary, to witnesses for John F. 
Fitzgerald. 

Mr. O’Connell. Those I understand are summonses of all witnesses who 
have shown up and two who have not shown up? 

Mr. Callahan. Does not include all. Most of them. 

(Twenty summonses for witness for John F. Fitzgerald, admitted in evidence 
and marked “Contestee’s Exhibit 19.”) 

Mr. Callahan. That will be all, Mr. Notary, unless you have some desire 
to call a later meeting. 

Notary Mancovitz. I am at your disposal, gentlemen. 

Mr. O’Connell. Does this end the Fitzgerald case? 

Mr. Callahan. Y’^es. 

Mr. O’Connell. I would like to have that noted on the record 

(Adjourned to 10 a. m. Tuesday, April 22, 1919.) 


INDEX. 


Notice of contest_ 

Service of notice of contest_ 

Answer to notice of contest__ 

Service of answer to notice of contest 

affidavit of Dora H. Barnes_ 

affidavit of Gertrude S. Cole_ 

affidavit of Nancy H. Harris_ 

Appearances for contestant: 


Page. 

_ 3-5 

- 5 

_ 5-8 

_ 8 

_ 135, 165,177, 258, 350 

_ 69, 91, 207, 270, 316, 334, 361, 369, 404 

50,144,157, 211, 239, 288, 307, 321, 384, 431 


Goodwin, Frank A_ 8, 404, 425 

Harrinf-ton, Arthur_ 8, 404, 425, 432, 493, 548, 585. 621, 623, 632, 641 

O’Connell, Joseph F___ 8, 37, 288, 404, 425, 432, 493, 548, 585, 621, 623, 632, 641 


Appearances for contestee: 

Brojjna, Vincent_ 8, 266, 404, 425 

Callahan, Timothy F__ 8, 37, 288, 404, 425, 432, 493, 548, 585, 621, 623, 632, 641 

Feeney, John P_ 8, 37, 288, 404, 425, 432, 493, 548, 585, 621, 623, 632, 641 

Appointment of Gertrude S, -Cole, Nancy H. Harris, and flora H. Barnes 

as offichil court steno. 2 :raphers_ 8 

Article in Boston Post, September 29, 1906__ 574-575 

Calling list of witnesses_ 295-29G 

Copy and statement of finding: of ballot-law commission_ 173 

Copy of Abraham C. Berman’s notatorial commission_ 8 

Copy of return of election commissioners_ 109 

Examination of ballots_ 185-207, 258-264 

Examination of returns on summonses_ 624-641 

Exhibit 30.—Expenditures, disbursements, and liabilities of ward 5, etc_ 562-563 
Exhibit 44,—Telegrams and letter of confirmation in re Samuel 1^. 

Grossman_ 367-368 

Letter from jMartin M. Lomasney to Thomas F. Pedrick_ 301 

Letters read into the record_111-115 

List of absent witnesses_ 297-298 

List of witnesses given United "States marshal for service_ 299-300 

Names of witnes.ses with return of marshal_^-175-176 

Notary’s certificate_ 50, 69, 70, 91,135,144,157, 165,177, 207, 211, 239. 258, 270, 

288, 307, 317, 321, 334, 350, 361, 369, 384, 404, 431, 432, 621 

Notice to take testimony and notary’s subpoenas_ 164.180, 585, 621, 622 

Officers before whom depositions were taken: 

Berman. Abraham C_- 8,37,288,404,424.432,493,548,585,621,623,632,641 

Maiicovitz, David_ 8, 37, 288, 404, 424, 432, 493, 548, 585, 621, 623, 632, 641 

Testimony for contestant-- 

Testimony for contestee- 432-674 

Witnesses for contestant: 

Alders, Mrs. Frances A_ 139 

Baker, Mrs. Mary Howard-149-150 

Barry, Frank I_- f>l 

Boynton, Herbert H- 99-110, 233-236 

Bradford, Mrs. Bertha T- 148 

Brown, Mrs. Nora-- _ 143 

Burke, Henry A_ 350-351 

Burke, John J- 319-321 

Burlen, Melancthon W- 258-270 

Callahan, John Joseph- 97-99 

Campbell, Cyrus M- 338-340 

Campbell, Jean_ ^^48 

Carlezon, Mrs. Adeline J_ 144-146 

Carpinello, Angelo- 236-239 

Clemens, Nellie M_ _ 

(’ochrane, Thomas H--- 355-356 

Cogan, Charles T_ 


675 















































676 


INDEX 


Witnesses for contestant—Continued. 

Collier, Rose Susan_ 

Comber, I’atrick F_ 

(Connors, Daniel_ .* _ 

Corkery, Timothy W_ 

Crowley, Daniel J_ 

Crowley, Mrs. Katherine_ 

Cimeo, Mrs. John_ 

Cimnin^diam, Henry V_ 

Daly, Patrick_ 

De Rosey, Sylvester O_ 

Desmond, Jeremiah A_ 

Di Pesa, Alfred_ 

Di Pesa, Joseph_ 

Donovan, Mrs. Hannah J_ 

Donovan, John L_ 

Dowd, Francis J_ 

Dowd, Mrs. Francis_ 

Dower, Mrs. Julia_1 

Diikelow, Peter_ 

Dwyer, Edward O_ 

Eaton, Charles M_ 

Fallon, Lawrence J_ 

Farnham. Allan H*__ 

Feeney, John D_ 

Finigan, Frederick A_ 

Finkelstein, Abraham_ 

Fitzgerald, Capt. Richard_ 

Gallagher, William R_ 

Galvin, Agnes_ 

Garvey, Charles L_ 

Gavin, Mrs. Rose_ 

Gibbons, Frank J_ 

Gibbons, John T_ 

Giblin, Thomas J_ 

Girvan, George_ 

Goodwin, Frank A_ 

Gordon, Mrs. Minnie_P_ 

Glynn, Thomas H_ 

Graham, John J_ 

Gray, Edward R_ 

Green, James I_ 

Hali)ern, Abraham E_ 

Harkins, Daniel J_’ 

Harkins, Dominic J_ 

Harrington, Arthur_ 

Harris, Charles H_ 

Healey, William A_ 

Hill, George W_ 

Hurley, Mrs. Agnes_ 

Hurley, John_] 

Kane, Patrick H_ 

Keenan, Thomas Henrv_ 

Kelley, Daniel P_ 1_ 

Kelley, Edward I_ 

Kelly, Edward I_I_“ 

Kiley, Ra.vmond Francis_ 

Larkin, John Joseph_ 

Lawton, Thomas_] 

Lebosky, Hyman_ 

Leonard, John J__ 

Leveroni, Catherine C_ 

Levlson, Robert C_ 

Locke, Louis_ 

Lomasney, Nellie_~ 

Long, Henry F_ 

Low, George J_~~ 


Page. 

- 171-172 

- 356-ar,7 

- 351-352 

- 352 

- 170 

- 138 

--- 207-208 

- 110^121 

- 275 

- 245-247 

- 428-430 

- 276-278 

- 287-288 

- 139-140 

- 321-322 

- 286-287 

- 146 

- 242-243 

- 249-250 

- 256-258 

- 86-87 

- 358-359 

- 76-80 

- 271 

- 177 - 194 , 196-197 

- 208-209 

- 73-74 

- 247 

- 168-169 

- 284-288 

- 149 

- 247-249 

- 126-135 

- 328-333 

- 74 

- 365-367 

- 165-166 

- 38-50 

- 255 

- 123-124 

- 322-328 

- 157-162 

- 336-338 

- 335-336 

- 406^09 

- 317 

- 84-86 

- 343 - 348 , 349-350 

- 135-136 

- 136 

- 357-358 

- 243-245 

- 287 

- 163-164 

- 147 

- 150 

- 275 

- 355 

- 152-157 

- 146-147 

- 270 

- 354-355 

- 250-251 

- 140-141 

- 342-343 

-- 281-282 
























































INDEX. 


677 


Witnesses for contestant—Continued. 

Lucas, Thomas W_ 

Lyons, Katherine_ 

McCaffrey, Mrs. Margaret J_ 

McCarthy, James Joseph_ 

IMcCarthy, John J_ 

' McCarthy, Mrs. Margaret_ 

McCarthy Thomas A_ 

^McDonald, Patrick A_ 

McGinniss, Edward F_ 

McHugh, Thomas_ 

McKenna, Sarah_ 

McKinnon, Margaret Anna_ 

Maddock, Joseph V_ 

Mahoney, Dennis F_ 

Mahoney, William E_ 

Mancovitz, David_ 

Manning, Mrs. Annie_ 

Mooney, Mrs. George_ 

Morgan, Mrs. Madone_ 

Morse, Morris_ 

Murphy, Dennis J_ 

Murphy, Mrs. Mary_ 

Murphy, Thomas J_ 

Murphy, William J_ 

Murray, William A_ 

Neylon, Mrs. Frank_ 

Norton, John W_ 

O’Brien, Edward_ 

O’Brien, Edward J_ 

O'Connor, Michael_ 

O’Meara, Henry J_ 

O’Neil, Dennis_ 

Parker, Charles W_ 

Peak, Herbert N_ 

Pedick, Thomas F_ 

Pierce, Arthur W_ 

Piscopo, John B_ 

Poggi, George W_ 

Porter, Patrick H_ 

Quigley, Thomas James, jr_ 

Rae, Joseph F_ 

Reynolds, Raymond I_ 

Riley, Thomas_ 

Riley, Thomas, jr_ 

Rogers, Mrs, Elizabeth_ 

Rogers, Mary E_ 

Runci, Augustus_ 

Ryan, Mrs, Mary Frances_ 

Scigliano, Alfred P_ 

Scotti, Mrs, Concetta_ 

Shea, Cornelius J—-- 

Smith, Frank G_ 

Stone, David_ 

Sullivan, John x4- 

Tague, Peter F- 

Taylor, William_ 

Thornton, Mrs, Nora M_ 

Tomlinson, Jonathan- 

Underhill, Walter H- 

Valenti, Mrs. Margaret- 

Wagner. Stephen G- 

Walsh, Thomas P- 

Wasserman, Jacob- 

: Wdialey, William C- 

Whitney, Mrs, Ella--- 

Wilson, Mrs. Ellen- 


Page. 


271-272 

!_ 141 

_ 168 

_ 92-97 

_ 309-311 

_ 241-242 

_ 313-314 

__ 272-273 

_ 314-316 

_251-252 

_ 228-229 

150-151, 209-210 

_ 317-319 

_ 122-123 

_ 404-405 

_ 361-364 

_ 170^171 

_ 137-138 

_ 166-167 

_ 338 

_ 137 

__ 137 

_ 304-307 


_ 341-342 

124-126, 212-215 
_ 148 


352-354 

74-75 

215-218 

162-163 

172-173 

359-361 

278-281 

401-404 

301-304 

307-309 

274 

270-271 

210-211 

82-84 


275-276 

282-283 

254-255 

255 

151-152 


123,141-143 
___ 87-91 

146 


_ 311-312 

OOq_‘>QQ 

IIIIIII_ 70-73r75-76 

_ 136 

_ 219-228 

_ 334-335 

9-37. 51-69,121, 370-401, 410-424 

_ 425^28 

_ 139 

_ 80-82 

_ 121-122 

_ 171 

_ 283-284 

_ 312-313 

_ 197 

_ 340-341 

252-254 

_ 143-144 





































































INDEX. 


678 


Witnesses for contestee: 

Boynton, Herbert H_ 

Burlen, Melancthon W_ 

Burrill, Charles L_' 

Fini^ 2 :an, Frederick A_' 

Gogg-in, Patrick F_ 

Kane, Joseph L_ 

Lomasney, Martin M_’ 

Manning, Timothy F'_^ 

Pingree, Frederick Hale_ 

Bothwell, Bernard J_ 

Tague, Catherine T_ 

Taylor, William_ 

Turnbull, Martin J_ 

Wasserman, Jacob_ 

< U 


Page. 

G54-657 

085-617 

652- 653 
617-621 
641-643 
670-674 
432-585 

643 

648 

653- 654 
650-652 
649-650 
644-647 
660-669 


















■ ^ a: ‘-i 


#itatea ^ 


Sixty-sixth Congress o£ the ynited States 


Contested Election Case of 
; PETER F. TAGUE , 

; . A versus 

JOHN F. FITZGERALD 


From the . Tenth District of ’ Massachusetts 


CONTESTANT’S BRIEF 


JOSEPH F; b^CON]S[ELL> ; / . 
JAMES B. P’CONNFUu, 
DANIEL P. O’CONNELL;^ 
ARTHUR HAHRIl^aTON, 
FRANK A. GOODWIN,, V “ 

A:tt:arne^s’ fcr G(^nte^tmV 




















UNITED STATES OF AMERICA. 

IN THE HOUSE OF REPRESENTATIVES 

Sixty-Sixth Congress. 


tCs 

\ 





Tenth District of Massachusetts 


Contested Election Case of 
PETER F. TAGUE 
vs. 

JOHN F. FITZGERALD. 


CONTESTANT'S BRIEF. 


STATEMENT OF THE CASE. 

This is a contest for the seat in the Sixty-sixth Congress 
of the United States from the Tenth District of Massachusetts. 
There was a primary contest for the Democratic nomination, 
held according to the laws of the Commonwealth of Massa¬ 
chusetts on September 24, 1918, at which the candidates were 
Peter F. Tague and John F. Fitzgerald. At that time, Peter 
F. Tague was the sitting member from the district and 
sought re-election. At that time and for twelve years prior 
thereto and since, the contestee, John F. Fitzgerald, did not 
live in the district, but lived in the Twelfth Massachusetts 
Congressional District. This district is composed of six wards 
in Boston, namely. Wards i, 2, 3, 4, 5 and 6. Wards i and 2 
are located in East Boston; Wards 3 and 4 are located in 
Charlestown, and Wards 5 and 6 in that part of Boston which 
has a congested population, and is composed in great part, of 






2 


the business section of the city, including the hotels and 
lodging houses, and also is the place where the latest arrivals 
to this country locate, principally due to the fact that the 
steamship company’s wharves are in this district. This dis¬ 
trict, particularly Ward 5, is under political domination of one 
man, viz., Martin M. Lomasney, working through a political 
organization known as the Hendricks Club. As the result of 
wholesale colonization in the cheap hotels and lodging houses, 
Lomasney has on various occasions, been able to control the 
tenth congressional district. In the primaries in question, 
Peter F. Tague received 4,972 votes, while John F. Fitz¬ 
gerald received 5,022 votes. In Wards i, 2, 3, 4, 6, John F. 
Fitzgerald received 3,202 votes, and Peter F. Tague received 
4,555. Ward 5, Tague received 417 votes and Fitzgerald 
1,820 Azotes. In the election following, Tague received 6,997 
votes and Fitzgerald 7,227 votes. In Wards i, 2, 3, 4, 6, Tague 
received 6,425 and Fitzgerald 4,657, while in Ward 5, Tague 
received 572 votes, and Fitzgerald received 2,507 votes, clearly 
indicating the boss ridden character of said Ward 5. The 
colonization and illegal registration practised through alleged 
residences in the aforesaid cheap hotels and questionable 
lodging houses, was composed of liquor dealers, bar tenders 
and city employees. 

Primary 

According to the unofficial returns of the result of the 
Primary, John F. Fitzgerald received 5,030 votes, and Peter 
F. Tague 4,939. A recount of the votes was asked for by the 
contestant, Peter F. Tague, in accordance with the laws of 
Massachusetts, and the recount was held before the Election 
Commissioners of the City of Boston, which Board began a 
recount on the 30th day of September, and finished on the 
first day of October, and as a result of said recount, announced 
that John F. Fitzgerald had a plurality of fifty votes. During 
the recount the said Board refused to count many ballots for 
the contestant, Peter F. Tague, which should have been 
counted for him, and also counted for John F. Fitzgerald, 


3 


many ballots which should not have been counted, or should 
have been counted in favor of the contestant. During the 
recount, the contestant was treated very unfairly by said 
Board, as was evidenced by the action of one of the Com¬ 
missioners, who stated, when a protest was made, that he 
was not acting in accordance with law, "I am wrong; I am 
glad I am wrong, and I’m going to stay wrong.” The con¬ 
testant was annoyed, delayed and handicapped in every possi¬ 
ble way by the said Election Board during this recount to 
deprive him of his legal rights. 

Although the contestant was convinced that he had hon¬ 
estly and fairly received a plurality of votes, he could not get 
his name on the official ballots on election day, because of the 
change in the laws of Massachusetts (See Chap. 293, Sec. 33, 
Acts of 1918), by which no independent candidate could be 
placed on the ballot after Monday, September 20, which was 
four days prior to the Primary itself. As soon as the Election 
Commissioners certified to the Secretary of the Common¬ 
wealth of Massachusetts the results of the aforesaid recount, 
your contestant immediately appealed to the Ballot Law Com- 
mbssion of the Commonwealth of Massachusetts, which com¬ 
mission had jurisdiction in questions of this kind. At the 
hearing before this Commission, which was prolonged up to 
five cays before the election, it was established that the names 
of very many soldiers and sailors had been fradulently voted 
on; that names of men who were denied the right to vote, 
were voted on by others than the men themselves, and that 
intimidation had prevailed in Ward 5 in Boston, which was 
controlled by Martin M. Lomasney; that many hundreds of 
voters were allowed to participate in the Primary, who did 
not live in the aforesaid Ward 5, and who were illegally 
registered there; that the contestant endeavored to show said 
Commission that several hundred names were voted on by men 
who did not live in said Congressional District, particularly 
in Ward 5, but the said Commission refused to hear this kind 
of evidence. 


4 


The Ballot Law Commission was furnished the names 
of twenty witnesses to summon, whose names had been 
illegally voted on, and the said Board neglected and re¬ 
fused to summon these men. The counsel for John F. Fitz¬ 
gerald admitted that the names of thirty-seven men had been 
fradulently voted on. The contestant says that this finding 
of fraud admitted by both the contestee and the Commission, 
vitiated the Primary, and the Ballot Law Commission should 
have certified for the Democratic nomination, the name of 
your contestant, instead of John F. Fitzgerald. 

At the said Primar}^ there was much intimidation and 
fraud and illegal voting. At the aforesaid hearing, it was 
shown conclusively that there was much intimidation in Ward 
5, which was in control of Martin M. Lomasney, who was the 
chief supporter of John F. Fitzgerald, and whose ward was 
overwhelmingly carried by John F. Fitzgerald, by boss meth¬ 
ods. Illegal voting on the names of soldiers and sailors absent 
in the service of their country by repeaters, was proved in 
Wards 5 and 6. In the former ward, the name of the son of the 
President of the Hendricks Club and the son of the Secretary 
of the same club were voted on although they were absent from 
the country in the service, and in spite of the fact that their 
fathers were present at the polling booth all day, and when the 
aforesaid President and Secretary of the Hendricks Club were 
summoned before the Ballot Law Commission, they failed 
to appear although both were employees working for the 
City of Boston. As the result of some understanding exist¬ 
ing between the Ballot Law Commission and the State print¬ 
er, which was not disclosed to your contestant, the ballots 
for the State election were printed and under way before the 
decisi( n of the Ballot Law Commission was announced to 
your contestant, and there being only four court days left, 
and it being the practice of the Massachusetts Courts not to 
interfere with the election machinery, after printing of the 
ballots had been started, your contestant was deprived of the 
privilege of appealing to the courts, and was obliged to have 


5 


stickers or pasters with his name printed thereon, distributed 
thjoughout the district. On both primary day and election 
day, hundreds of illegally registered voters voted in Ward 5. 
In the primary the total vote in Wards i, 2, 3 4, where no 
illegal voting was proved, was Tague 3,814, Fitzgerald 2,337, 
while in Wards 5 and 6, where the repeaters operated and 
where illegally registered votes were colonized, the vote for 
Tague 1,158, Fitzgerald 2,685. 

Election 

At the election on November 5, the only names on the 
ballot for Congress were the names of John F. Fitzgerald, 
Democrat, and Hammond T. Fletcher, as Republican. The 
returns of the Precinct officers of the polls as announced 
were as follows: John F. Fitzgerald 7,217; Hammond T. 
Fletcher 1,069; Peter F. Tague 6,896. In other words 6,896 
pasters and stickers had been attached to the ballot and 
properly marked for Peter F. Tague and it was un¬ 
officially announced that John F. Fitzgerald had a majority of 
321 votes, although both Democratic and Republican in¬ 
spectors and special inspectors appointed by the Governor in 
Ward 5, were controlled in their appointments by Martin M. 
Lomasney. 

Several hundred ballots on which stickers marked 
“Peter F. Tague for Congress, Tenth Congressional District” 
was also placed on said ballots, but were not counted by the 
Election officials; together with many ballots on which the 
name of “Peter F. Tague for Congress” was written in pencil 
or ink. 

In accordance with the laws of Massachusetts, your 
contestant asked for a recount of the votes cast in said District, 
before thti Election Commissioners of the City of Boston. 
The Election Commission is composed of four men, of whom 
two weie new members, recently appointed by Mayor Peters; 
one member an active supporter of Fitzgerald, wagering 
money on his election, and the fourth member an appointee 


6 


of John F. Fitzgerald when he was Mayor. The election of 
Mayor Peters w^as brought about by the support of said 
Lomasney and the Hendricks Club mentioned hereafter. 
After several days of hearing at which the said Election Board 
shelved their unfairness by the attitude of one of the Com¬ 
missioners who said, ‘T will not grant a recount in the pre¬ 
cinct, where an apparent error was discovered,” and ‘T will 
not sign any certificate if the result is changed.” 

During said recount, it was shown that the aforesaid Com¬ 
missioner had access to the vault in which the ballots were kept, 
unknown to anybody and contrary to the rules and the oft re¬ 
peated assurances that nobody could go into the vault except 
a commissioner of the Democratic party accompanied by a com¬ 
missioner of the Republican party. As a result of said recount 
It was announced that John F. Fitzgerald had 7227 votes; Ham¬ 
mond T. Fletcher 1069 votes; and Peter F. Tague 6997 votes, 
leaving the majority in favor of said John F. Fitzgerald of 230 
votes showing a net gain of 91 in favor of the contestee. 
Your contestant protested because of the failure of the 
said Board, to count several hundred votes which should have 
been counted for him. The Republican candidate, Hammond T. 
Fletcher, was a member of the Hendricks Club (the Democratic 
organization of Ward 5) and friendly to Martin M. Lomasney, 
and, of course, was a candidate to serve the purposes of said 
Lomasney, who admitted that he paid said Fletcher’s campaign 
expenses. ^ 


Although the challenges were made in compliance with 
the election laws of Massachusetts, they were counted for 
Jo n F. Fitzgerald and your contestant was not allowed 
to bring proof that these challenged voteis had voted for Fitz- 
gerald. The contestant and his supporters would have 
challenged, If they had not been prevented by intimidation, 
hundreds of similar votes for illegality. The Election Com¬ 
mission refused to even consider, although the law specifically 
provides that they shall decide all questions arising in regard 
to the same, which of course included question of this kind. 


7 


Your contestant says that hundreds of votes properly 
marked for him, were invalidated by the use of the “double- 
cross,” clearly showing fraudulent intent to deprive him of said 
votes; that many votes were cast for him in writing, in which 
the spelling was phonetically correct, but were not counted for 
him by the Commission, although the intent of the voter is clear¬ 
ly shown. Your contestant says if said Election Board had 
counted these hundreds of votes, which are available in the ex¬ 
hibits, and which had been marked and which should have been 
counted for your contestant, that your contestant would 
have a majority of over 300 votes; that said votes 
should have been counted for your contestant and are 
now in the possession of the Election Board of the 
City of Boston, marked “exhibits.” The return of the votes 
of absentee voters to the Secretary of State show that 14 votes 
were cast for John F. Fitzgerald, and 6 for Peter F. Tague, 
giving an additional 8 votes to the majority of John F. Fitz¬ 
gerald, and the certificate from the Governor of Massachusetts 
was issued to John F. Fitzgerald. 

Notice of Contest and Testimony 

Your contestant duly served notice on the contestee that 
he intended to contest his seat, setting forth in detail his rea¬ 
sons for said contest and also filed the same with the Clerk 
of the House of Representatives. The testimony was duly 
taken before Notaries in Boston, by both sides, and both 
contestant and contestee were represented by counsel. A 
clear statement of this whole situation was made at that time 
by the contestant under oath and is a part of the records 
and is respectfully referred to at this time as a part of the 
statement of this case. (See Records). The contestant sum¬ 
moned several hundred illegal voters who registered .in Ward 
5 of Boston, which ward was controlled by Martin M. Lomas¬ 
ney, and all summonses were duly served by a deputy of the 
LTnited States Marshal, but the witnesses so summoned refused 


8 


to appear and it was necessary to prove by other evidence, the 
illegal registration of these men who voted at the Democratic 
primary, and also at the State Election (See testimony of Peter 
F. Tague), wherein there is set forth in detail, the places of 
residence of these men who voted illegally and whose votes 
should not be counted. Many of these voters who were so sum¬ 
moned to appear, came into court during the time of taking of 
testimony of the contestee, but did not testify, thereby flaunting 
their defiance of the authority of Congress. Much contempt 
was shown for the proceeding by the contestee and his attorneys 
and representatives and the witnesses who were friendly to the 
contestee, during the taking of testimony, which amounted to a 
public scandal in Boston. 

At this hearing, evidence was produced to show that the 
contestee had committed fraud on the voters of the district, by 
having friends and representatives stand at the polls and fraud¬ 
ulently distribute what purported to be pasters, without any 
gum and containing the name of your contestant only, and 
which were handed to those who wished to vote for your con¬ 
testant, to place on the ballot, and which votes were lost on 
account of the handling of ballots, because after the moisture 
had dried, the pseudo sticker fell off and was lost. (See testi¬ 
mony of Wm. J. Murray, Dennis F. O’Neil and Dennis 
Mahoney, also Exhibits of fraudulent stickers.) Conclusive 
evidence was also produced that there had been illegal prac¬ 
tice m the manner in which voters were alleged to have been 
assisted by the political supporters of the contestee and Martin 
M. Lomasney, which so-called assistance was a form of intim¬ 
idation;( see testimony of John Gibbons;) that there was much 
coercion during the election, particularly in Ward 5 where men 
who were watchers and friends of your contestant were as¬ 
saulted and driven from the Ward, so that they were unable 
to challenge illegal voters as provided by the Laws of the Com¬ 
monwealth of Massachusetts. (See testimony of Thomas T 
Glynn, James J. McCarthy, Halpern and Gibbons.) The whole 
system of illegal registration can best be illustrated by the evi- 


9 


dence of Abraham Finklestein who said in substance that 
they just put you in anywheres, and you don’t have to go 
there at all and your vote is all right at election.” 

The contestant attempted to offer instances of illegal reg- 
istration, by requiring the keepers of cheap lodging houses 
to bring in their records, but out of fifteen instances, only one 
of them brought in a register, each claiming that he had 
destroyed his registers or had burned them. (See testimony 
of Piscopo, John McCarthy, Rea, McDonald, Gordon.) Testi¬ 
mony was also offered that money had been used contrary 
to law and illegally in Ward 5, on behalf of the contestee. 
(See testimony of Thomas J. Giblin, James 1 . Green.) 


Failure of Defence. 

The contestee did not deny any of the allegations of the 
fraudulent use of false or pseudo stickers, and did not deny the 
use of money illegally and criminally used and did not take the 
stand to deny the statement that he had offered to give up a 
two year salary to the contestant if the contestant would with¬ 
draw from the contest, although present in the hearing room 
on two occasions and after having given notice that he would 
come in and testify. 

The defense of the contestee was mainly the irrevelant 
testimony offered by Martin M. Lomasney, boss in Ward 5 of 
Boston, who outraged public decency in the manner in which 
he appeared in the United States court room, in a gray sweater 
on the stand, and acting in a most unbecoming, disrespectful 
and defiant manner, refusing to answer questions, except as 
he pleased, and abusing everybody, including Hon. James R. 
Mann, Former Speaker Hon. Joseph G. Cannon, the counsel for 
the contestant and everyone whom he cared to characterize in 
his testimony, for his own purposes and finally refusing to an¬ 
swer any questions if he did not like to. 

In a few words this contest resolves itself into the charge 
(a) that the contestant was the legal choice of the Primary, 


10 


Sept. 24, 1918, but was deprived of the nomination through 
fraud by illegal registration of votes, flagrant refusal by Elec¬ 
tion Commission and Ballot Law Commission to comply with 
the law in determining the questions arising from such fraud; 
and of voting on the names of absent sailors and soldiers, and 
(b) that although obliged to run on pasters through the fraud 
of the Ballot Law Commission in withholding their decision, the 
contestant received the majority of the votes cast at the 
election on Nov. 5, 1918, but the election officials did not 
credit him with several hundred votes that were cast for him, 
and that illegal practises were indulged in throughout Ward 
5 in Boston consisting of fraudulent registration and voting 
for contestee, coercion, intimidation, bribery, and other irregu¬ 
larities. 


V, 


II 


ARGUMENT. 

In the long political history of New England, this case 
stands out as one of the most glaring instances of political 
fraud, perpetrated against the will of the majority of the peo¬ 
ple, that has ever been known, and the methods in which the 
election of the contestee was obtained, became so offensive to 
the voters in the district, that a political phenomena took 
place when your contestant with only five days left in which 
to make a campaign for Congress, was able to have stickers 
or pasters printed and distributed among the people, in a 
cosmopolitan district, where many languages are spoken and 
where the voters complied with a very intricate election law, 
by placing the aforesaid stickers in the right place, on a bal¬ 
lot over a yard square, to the number of 7,500 and some odd, 
being approximately 300 more than was cast for the regular 
Democratic nominee, whose name was printed on the Ballot, 
in an almost solid Democratic district, wherein a Republican 
member had not been elected for fifty years. 

The contestant divides his case into fo^ir parts. He claims 

1st: That he won the primary nomination, which was 
denied to him, on account of the misconduct of the election 
officials connected with the City of Boston, in the manner in 
which they conducted the primary recount, and the miscon¬ 
duct and negligence and delay, occasioned by the Ballot Law 
Commission of the State of Massachusetts, who refused to 
produce witnesses, who could give evidence concerning false 
registration and voting, and who delayed their findings until 
five days before election day, when it was too late for your 
contestant to appeal to the courts for redress. 

2nd: That on election day, he received more votes than 
the contestee, but said votes were not counted by the Election 
Commissioners of the City of Boston, although said votes 
clearly indicate the intention of the voter to vote for your 
contestant, and which should have been counted for your 
contestant. 


12 


3 rd: That fraud and intimidation was perpetrated upon the 
voters in the distribution of the pseudo pasters, whereby many 
voters were deprived of their right to properly register their 
choice for congressman; in the several assaults committed in 
Ward 5 upon your contestant’s watchers, who were at the polls 
with the intention of challenging the illegal voters; in the so- 
called “assistance” of voters, such as was conducted by one 
McNulty in Ward 5, Precinct 8, which was in reality an intimi¬ 
dation of the voter, in order to violate the secrecy of the Mas¬ 
sachusetts Secret Ballot, and compel the voter to show for 
whom he had voted, (see testimony of John Gibbons) ; in re¬ 
fusing to allow voters legally on the list, to vote; and the il¬ 
legal use of money to influence the voters, which illegal use has 
never been denied by the contestee or any of his witnesses. 

4th: On account of the wholesale illegal registration by the 
friends and supporters of the contestee, John F. Fitzgerald, in 
all parts of the district, particularly in Ward 5 and specifically 
in Precincts 4, 8, and 9, which illegal registration amounts, ac¬ 
cording to the proof before the Notaries to at least 400 votes. 
Such illegal registration is shown in the testimony of Abraham 
Finklestein who testified that “they just put you in any¬ 
wheres; you don’t have to go near the place and you are 
all right to vote on election day,” and further by the testi¬ 
mony of one Hill proprietor of the Derby House, whose testi¬ 
mony shows that the names of every lodger was carried on his 
lists from year to year, whether present or not, and handed to 
the police, and thus retained on the voting list to be voted on by 
somebody on Election Day, whether the voter has been a legal 
resident of the ward or not. It is further shown in the testi¬ 
mony of practically all the other witnesses summoned,—mar¬ 
ried men for the most part, living with their wives and families 
in cities and towns not in the district; their children attending 
schools in those districts; all their household effects at these 
suburban homes, and their wives and children never even seeing 
the places from which they had registered and voted; further 


1 


13 


by the evidence that a great many bar tenders and liquor 
dealers voted in said Ward 5; that their sole purpose in regis¬ 
tering and voting in Ward 5 , where they and their families did 
not live, was to protect their interests in their liquor licenses 
and influence the vote upon the license question in the City of 
Boston. 

Other classes of illegal registrants was that of Frank Gib¬ 
bons, who registered from his dog kennels although he kept a 
$900 flat for a home for his bull dogs in the best residential 
section of the City of Boston,—the Back Bay, which in fact is 
his real home; the case of a member of the Hendricks Club 
—Sullivan—who registered and voted from the City Morgue 
when his home and wife and family were in another part of 
the city; the clerk in the Royal House who lived in 
another ward and who left his clothes at his home 
as his landlady testified, for fear they might be stolen in the 
Royal House, from which he had registered; and voted (see 
testimony Mrs. Galvin); and the outrageous numbers of 
registered voters from such places as the lodging house at 
No. 19 Causeway Street, where 32 men registered and voted 
from a single room; the Hotel Lucerne and the Lin¬ 
coln House, which are only hotels for the sale of liquor; from 
the Revere House, declared a nuisance by State Supreme 
Court, because found to be a resort used for immoral pur¬ 
poses; from the Derby House and the Royal House and the 
various other questionable hotels and lodging houses in 
Ward 5. 

Your contestant wishes to emphasize the fact that he 
was the choice by actual ballot of the majority of the voters 
of the district, which was clearly manifested by the 1,307 con¬ 
tested ballots which are exhibits in this case. The intention 
of the voter is perfectly clear in the case of the ballots which 
were cast with the stickers attached, and which were not 
counted for him by the Election Commissioners of the City 
of Boston. We have only to refer to the case of Ray vs. Ash¬ 
land, 221 Mass. 223, to see that the law of Massachusetts in 


14 


regard to the pasters or stickers is merely directory and not 
mandatory, and in that case, where the registrars or voters 
refused to count the sticker ballots because of non-compliance 
with technicalities of the Election Law, the Supreme Court 
said that the voter in such cases, had a right to manifest his 
intention in any way he saw fit, and any attempt by the Leg¬ 
islature to dictate to him the precise means by which he might 
express such intention, could only be directory, as otherwise it 
would be an unconstitutional provision. 

Your contestant also contends that the written ballots clear¬ 
ly express the intention of the voters to vote for him, although 
the name of your contestant was wrongly spelled. It is per¬ 
fectly clear law that where there are no other candidates who 
might be taken as the candidate for whom the voter intended 
to vote,—that any manifestation in writing of the voter’s in¬ 
tention is a perfectly good vote and should be counted for the 
person for whom the voter intended to vote (Shepard vs. Sears, 
Russell, Mass., Election Cases, Llouse, 1890). The written 
names which were phonetically \vritten but not written cor¬ 
rectly, are clearly votes for your contestant, and should have 
been counted for him by the Election Commission. 

That fraud was perpetrated on the voters, there can be no 
doubt after even a casual examination of the evidence. The 
distribution by the friends and workers of the contesteei, John 
F. Fitzgerald, of the stickers without the gum, was the moist 
outrageous example of fraud ever perpetrated in our disitrict 
or state. The percentage of blanks for Congress in this con¬ 
test is about per cent., whereas the percentage of blanks 
for the other offices, will not average 2J per cent., which clearly 
proves the extensive use of the deceptive stickers. 

The absolute proof of the distribution of these pseudo 
stickers was in Wards i and 2 in the East Boston district, and 
one precinct of Ward 6, but that it was common in the whole 
district and that the voters were deceived and defrauded there¬ 
by, is apparent from the above percentages. The burden on 


15 


your contestant to place his name before the voters of this 
district by means of stickers or pasters was surely enormous 
and the outrageous fraud practiced on the voters by the con- 
testee, John F. Fitzgerald, and his friends, in distributing spur¬ 
ious stickers is surely a just cause for an adverse report by your 
committee. 

Giving Mr. Tague a proportional credit in Wards i and 2, 
of the percentage of votes that were lost by means of these 
pseudo stickers, would be but justice to the voters of the dis¬ 
trict, who intended to vote for the contestant, and justice to him 
also, and in accordance with the traditions of the House of Rep¬ 
resentatives, which never seats any candidate whose election 
was tainted with such palpable fraud as this. 

What particularly should interest your Committee and 
the House of Representatives, is the fact that while thousands 
of voters from the District were serving their country in 
France and on the high seas, making the world safe for De¬ 
mocracy, many of their names were voted upon by repeaters 
in the interests of John F. Fitzgerald, as disclosed by uncon¬ 
tradicted evidence in this case wherein it is shown absolutely 
that thirty-five such names were voted upon. (See letters from 
Navy and War Departments to Mr. Tague.) Since the taking 
of that testimony, we have been able to discover many addi¬ 
tional names of soldiers and sailors, which were voted upon 
and had the time and means been at our command, we would 
doubtlessly have been able to discover many more. The whole 
primary, wherein Mr. Fitzgerald was returned as having been 
nominated by the Democratic party by 50 votes, was saturated 
with this and other kinds of fraud. 

The testimony of Assistant Secretary of State Boynton, 
that he sent, some time during the summer of 1918, to the 
Election Commissioners, many thousand names of soldiers 
and sailors who were in the Service and who might possibly 
have a right to vote under the absentee soldiers and sailors 
voting law, is the first step in our proof of a conspiracy to 
vote on names of absent soldiers and sailors. He testified 


i6 


that later Commissioner Murphy of the Boston Election Com¬ 
mission called him up and asked for a further perusal of that 
list for his own personal use and that when Mr. Boynton re¬ 
fused, he (Murphy) became quite abusive. The testimony of 
Jeremiah Desmond that he picked up on the floor of the Elec¬ 
tion Commission, an empty envelope addressed to Martin M. 
Lomasney from Melancthon W. Burlen, Chairman of the 
Election Commission of the City of Boston in his (Burlen’s) 
handwriting, such an envelope as would contain lists of 
voters, and the subsequent fact that the soldiers’ and sailors’ 
names were voted upon and the testimony of Augustus Runci, 
the arrested and convicted repeater who voted in Ward 6 on 
Primary Day, that “all the fellows were doing it (repeating) 
and he thought that they would consider him a quitter if he 
didn’t do it,” is proof connecting the supporters of John F. 
Fitzgerald, namely, Martin M. Lomasney and Commissioner 
Edward P. Murphy, with this conspiracy. 

All the above facts clearly establish a conspiracy, and 
bring the case within the doctrine laid down in 

Moore vs. Funston, 53d Congress, Rowell, Contested 
Election Cases, p. 491, which holds 

“the text writers and other law authorities treating of 
the subjects recognize the difflculty of proving con¬ 
spiracy by direct evidence; and as in the case of 
fraud in general recognize also the propriety as well 
as necessity of proving distinct facts, many of them 
insignificant in themselves, from all of which, how¬ 
ever, where sufficient, a firm belief in the existence 
of the conspiracy or fraud may safely be deduced, 
and the conclusion may be as safely acted upon. In 
many cases circumstantial evidence is the only evi¬ 
dence which can be obtained, and it is also not infre¬ 
quently of the most satisfactory and convincing 
character.” 

Prior knowledge and authority of the party who may 
benefit from the unlawful acts are not essential where it is 


17 


evident that he has benefited by them and has accepted the 
benefits. 

In regard to the illegal registration, fraud and intimida¬ 
tion practised in Ward 5, both on Primary and on Election 
day, we submit that the rule of Congress is clear that if such 
illegal registration, fraud or intimidation so permeates a pre¬ 
cinct as to make it impossible to distinguish the good from the 
bad votes, or the Committee is unable to ascertain for whom 
the fradulent votes were cast, the whole precinct should be re¬ 
jected. The following is a summary of the votes of those 
precincts: 

Fitzgerald Fletcher Tague 


Prec. 4....1 .163 7 20 

Prec. 8.227 16 33 

Prec. 9.284 89 67 


674 112 120 

which shows a net majority of 554 votes for Fitzgerald. We 
contend that these precincts should be thrown out because of 
the fraud which prevailed. 

Although the Massachusetts Election Laws expressly com¬ 
mands that no ballot shall be counted unless marked on the 
back thereof as having gone through the Ballot Box, the Elec¬ 
tion Commissioners insisted on counting several hundred ballots 
cast in Precinct 4 of Ward 5, which were put in the Ballot Box 
without having gone through the machinery. (See Mass. Chap. 
835, Sec. 303, Acts of 1913). (See also testimony of police 
officers Tomlinson and Shea). 

This election was held under the provision of law re¬ 
quiring official ballots which were provided by the Common¬ 
wealth, and the provision that such votes shall not be counted 
is explicit and mandatory and admits of no construction which 
violates the positive spirit and injunction of the law. Where a 
statute expressly provides that a failure to observe its pro¬ 
visions shall invalidate the electon or any votes cast therein, 
there can be no doubt as to its construction. Negative words 
make a statute imperative. (See Dwarris, on Statutes 611.) 





i8 


ALL THE ABOVE INSTANCES OF FRAUD CLEAR¬ 
LY BRING THIS CASE WITHIN THE DOCTRINE LAID 
DOWN IN 

Mitchell vs. Walsh, Rowell’s Dig. Contested Election Cases, 
521 (see also same case 2 Hinds, P. 263)—wherein the doctrine 
of fraud in a case of this kind is exceptionally well stated, 
“fraud can rarely, if ever, be proven by direct evidence, 
and the rule is that whenever a sufficient number of in¬ 
dependent circumstances, which point to its existence, 
are clearly established, a prima facie case of its exist¬ 
ence is made, and if this case is not met with explana¬ 
tion or contradiction, it becomes conclusive.” 

See also Noyes v. Rockwell. Rowell Dig. Contest Elec¬ 
tion Cases, p. 474. 

In the present case there has been no explantion or con¬ 
tradiction of the charges of illegal registration and voting; no 
excuse given for the assault, coercion or intimidation. Nor has 
anything been offered to explain why the subterfuge of aiding 
voters was resorted to. The importance of the principle laid 
down concerning fraud in the case above cited has an exact 
application in view of the fact that several hundred witnesses 
accused of illegal registration refused to appear for examina¬ 
tion, although duly summoned. If these men accused of illegal 
registration and voting were honest bona-fide voters in the dis¬ 
trict, there can be no conceivable reason why they should seek 
to evade giving testimony of the fact. Their deliberate and con¬ 
certed absence can have but one excuse, namely, that if present 
and testifying truthfully, they would establish the contention of 
the contestant that they had no right to vote for the contestee 
at either the Primary or election. 


19 


REFERENCES TO THE LAW IN THIS CASE 

The contestant feels that the amount of fraud which per¬ 
meates this case from beginning to end, is so inextricably 
interwoven into all the testimony from beginning to end, that 
it seems needless to single out any particular instances or 
application of any specific law. The contestant maintains that 
the evidence proves that it was the intention of the majority 
of the voters of the district, to elect him, and he asks only for 
the application of the ordinary principles of fair play in count¬ 
ing votes which indicate the intention of the voter, and he 
prays this Committee, that votes which were cast, carrying 
with them the intention of the voter, be counted for him. If 
the contestant did not have a majority of the votes of those 
who were rightly entitled to vote in the district, he does not 
wish to have the seat declared vacant on account of any tech¬ 
nicality. He is firmly convinced, however, that on the merits 
of the case, he won the Primary Election, and later on was 
duly chosen by the majority of the voters on Election Day. 

For the guidance of the Committee, the contestant mere¬ 
ly desires to indicate a few of the beacon lights of the princi¬ 
ples governing cases of this kind. 

I. 

PRIMARY 

The House of Representatives has plenary jurisdiction 
over primary elections, when the subject is raised in a contest 
for a seat after the primary election, on the ground that the 
candidates voted for on election day, were the candidates of 
the Democratic, Republican or other party, and it was not a 
personal candidacy. See 

Grace v. Whaley, 63d Congress, Moore’s Dig. p. 71. 

Fairchild v. Ward, 55th Congress, Rowell’s Dig. Contested 
Election Cases, p. 559; also 

In the first cited case which dealt entirely with the primary, 


20 


both the majority and minority reports of the Committee 
emphasized the importance of the right of Congress to inquire 
into primary contests. The majority said: 

"‘The honest election of each member of this House is a 
matter of the highest importance both to the House and to the 
people at large. When a question is raised as to the election 
of one of its members, the House should stand ready to make 
a thorough investigation, and promptly expel the member 
whose seat was obtained by fraudulent or dishonest methods. 
Nothing should be permitted to prevent or impede a thorough 
investigation.” 

They recommend that no action be taken on the matter, 
because the contestant was found to have been guilty of laches 
and not having instituted his contest in accordance with the 
provisions of law; but the minority felt that the charges af¬ 
fecting the primary were of so serious a nature that they 
should be inquired into on the ground that the charges having 
been sworn to, presented a prima facie case, which warranted 
a thorough investigation. In our case, all the provisions of 
law have been complied with by the contestant, and all the 
testimony concerning the irregularities of the primary is 
sworn to. 

The contestee in this case was awarded the primary 
nomination by the bare margin of fifty votes over the con¬ 
testant, in a solidly Democratic district, wherein it was con¬ 
clusively proven later on by the phenomenal run which the 
contestant made by the use of stickers, that if he had the nomi¬ 
nation, he would surely have been elected. There was illegal 
registration and illegal voting by upwards of 400 men, con¬ 
cerning which the testimony is uncontradicted and uncontra- 
vertible, who voted in this district in the stronghold where the 
contestee received most of his votes, viz.. Ward 5, the home of the 
Hendricks Club. The contestant maintains that these votes 
should be thrown out. When to these illegal voters are added 
the names of soldiers and sailors, whose names had been voted 
on, while they were absent in the service of their country, it 


21 


would seem as though this Committee might well strike at 
the very root of this matter in the beginning, and find that 
the fraud perpetrated on behalf of the contestee, in securing 
his nomination, voided his nomination, thereby giving the 
nomination to your contestant. 

II. 

THE ELECTION 

Your contestant maintains that the intention of the voter 
is the principle which should guide the Committee in ascer¬ 
taining the result of the election. Congress has always looked 
to the intention of the voter, and has held that local laws were 
not binding on Congress, whenever they were at variance with 
this principle. 

In other words. Congress has insisted that the con¬ 
stitutional right of a man to cast his vote for a candi¬ 
date cannot be nullified by any laws, rules or regulations for, 
or at variance with this principle. See 

Steele v. Scott, 65th Congress, Rep. p. 7, 
wherein this principle was laid down, ‘Svhile the manner of 
marking ballots was not in strict accordance with the pro¬ 
visions of the law, yet in the judgment of your Committee, 
the intentions of the voter were entirely clear and these votes 
are to be counted.” See also majority report in 
Britt V. Weaver, 65th Congress, Rep., 
which case is clearly in point, and where the doctrine is well 
stated that the intention of the voter may be clearly estab¬ 
lished without marking a cross, although the law of the state 
required a cross to be placed after a name, and where the 
voter neglected to mark a cross. See also 

Wickersham v. Sulzer, 65th Congress, p. 5 of report 
Moss V. Rhea, 57th Congress, Moore’s Dig., p. 12. 

Both of these cases and many others, cited in them as au¬ 
thorities, held that the intention of the voter must prevail over 


22 


state laws and requirements, on the ground that laws such as 
that of Massachusetts, which requires a cross to be placed 
after the name of a candidate, is directory and not mandatory. 
The Massachusetts law in question, is found in the Acts of 
1913, Chapter 835, Section 292, which, reads as follows: “the 
A^oter on receiving his ballot shall, without leaving the en¬ 
closed space, retire alone to one of the marking compartments 
and shall, except in the case of voting for presidential electors 
prepare his ballot by marking an (X) in the square at the 
right hand of the name of each candidate for whom he intends 
to vote, or by inserting the name of such candidate in the 
space provided therefor, and marking a cross in the square at 
the right;—” 

Construing this law, the court said in 

Ray V. Ashland, 221 Mass. 223, 

“the rule is that hf the intent of the voter can be fairly de¬ 
termined, effect shall be given to that intent, and the vote 
counted in accordance therewith—.’ If not prohibited by 
statute, the ballots which fairly and unmistakably express the 
voter’s purpose, are to be counted as deposited in the ballot 
box,” and again p. 227 “it must be borne in mind that our 
laws relating to elections are enacted not merely to preserve 
the purity and secrecy of the ballot and to curb, in so far as 
possible, corrupt practices, but to ascertain and not to thwart 
the will of the people honestly expressed.” It should be borne 
in mind that in our case, the sticker which was used, bore the 
words 

“TAGUE, Peter F., for Congressman, loth Congressional 
District.” 

It is earnestly contended that when a voter went to the 
trouble of securing a sticker printed as above, and placing it 
on the ballot and not voting for any other candidate for con¬ 
gressman, that he clearly indicated his intention to vote for 
Mr. Tague for the office designated on the sticker, and the 
oversight of not having put a cross after the office, should not 


23 


be seized upon to disqualify or to disfranchise such a voter. 
See 

Brown v. Hicks 64th Congress, Moore’s Dig., p. 84, 
wherein the Committee, taking up a situation somewhat simi¬ 
lar said “it being conceded that the votes cast for the con- 
tcstee in the several precincts complained of, were cast by 
honest voters and qualified voters of the district, then we sub¬ 
mit that the case should not be decided by any technicality 
arising in the manner or form in which the voter received his 
ballot, or in the count thereof.” In this case there is no inti¬ 
mation that the stickers placed on the ballots for Mr. Tague 
were not placed there by those who had a perfect right to so 
place them, and that they were entitled to cast a vote. See also 
Carney v. Smith 63d Congress, Moore’s Dig., p. 73. 

III. 

DOCTRINE AS TO COUNTING STICKER VOTES 

Congress has addressed itself to the subject of paster or 
sticker votes in the past. .See 

Frederick v. Wilson 48th Congress, Mobley 404, and 
Rowell’s Dig., p. 640. 

“Where a ‘paster’ is put on the ballot so as not to cover the 
name of the opposing candidate, the paster should be regarded 
as the last act of the voter and counted.” The same rule 
should be applied when the name of the candidate is written, 
and the printed names of the other not erased. 

Greevey v. Skull, 52d Congress, Stofer, p. 161. See also 
Rowell’s Dig. p. 640. 

“Where a ticket had on it a paster bearing the name of the 
contestant, but leaving the name of the contestee exposed, 
the committee held that the placing of the sticker was the 
intent of the voter and counted the vote for the contestant; 
the election officers had counted it for the contestee. 


24 


IV. 

WRITTEN BALLOTS 

In addition to the printed pasters or stickers, above de¬ 
scribed, many voters who evidently did not or could not re¬ 
ceive the aforesaid stickers or pasters, manifested their inten¬ 
tion of voting for Mr. Tague, by writing his name in, and al¬ 
though many hundreds of these were spelled correctly, yet 
there were many which were not so spelled, and they were 
not counted. It is urged that the same principle which gov¬ 
erns the counting of printed pasters or stickers, governs that 
of the written name, because the voter clearly shows his in¬ 
tention and if there is any way of gathering from the manner 
in which the name is spelled, that the voter intended it to be 
counted for Mr. Tague, then it was the duty of the Election 
officials to so count the vote. In many instances where votes 
were not counted, the name of Mr. Tague was spelled phonet¬ 
ically correct, so that there could be no mistaking the pur¬ 
pose of the voter, even though the name was not spelled in 
accordance with the accepted manner of spelling Mr. Tague’s 
name. See 

Wallace v. McKinley 48th Congress, Mobley, p. 157, 
“where the name of the contestant written on the ballot, under 
the printed name of the contestee—it should be counted for 
the contestant.” Many cases decided by Congress, as well as 
many others in Massachusetts are in accord on this principle. 

Willia^ms v. Powers 13th Congress, Rowell’s Dig., p. 65. 

McKenzie v. Braxton, 42d Congress, Rowell’s Dig., p. 265, 

wherein even initials were held sufficient evidence of intention. 

48th Rowell’s Dig., p. 407. 

“Wrong spelling does not invalidate a ballot, but must be 
counted in accordance with the intention of the voter, as he 
best could indicate it.” 

McDonald v. Young, 63d Congress, Moore’s Dig., p. 163 
' V. Robbins, Mass., Russell, Mass. Contested Election 

cases. 


25 


V. 

INTIMIDATION AND COERCION 

f . has always taken a stern position on the matter 

of intimidation and coercion, and has on many occasions ex¬ 
pressed their disapproval of such conduct and their unwillinff- 
ness to seat the member who has benefited by such practice. 
Ihe testimony of Thomas J. Glynn, John Gibbons, James J. 
McCarthy and Halpern, whose testimony is uncontradicted, 
that watchers for Mr. Tague were assaulted and driven from 
various precincts in Ward 5, and the assault on a voter who 
had expressed his preference, all of which has gone unchal- 
enged, in the record, leaves this committee with the picture 
of a situation which prevailed in Ward 5 on last election day, 
vvhich men of wide knowledge of affairs must conclude, meant 
that nobody except those who were known to be favorable to 
the candidate of the “Boss Lomasney,” were to be permitted 
to vote. It should be borne in mind that in this ward, was 
located all the illegal registration, and that watchers were 
placed there by Mr. Tague for the purpose of preventing these 
men from voting. The chasing away of the watchers by in¬ 
timidation, coercion, assaulting and frightening them, pre¬ 
vented your contestant of availing himself of the laws of 
Massachusetts, and permitted the fraud of illegal voting to go 
unchallenged. None of the precinct officers or election of¬ 
ficials of either party who participated and saw these events, 
were called upon by the contestee to refute any of this testi¬ 
mony, and inasmuch as it is permitted to remain unchallenged, it 
must be found that it is truthful and that the intimidation hU 
the effect desired by those in control of Ward 5. The con¬ 
testant was deprived thereby of the safeguards of'the law, and 
there was given an unbridled and unrestrained assurance to 
the workers in favor of the contestee, to continue the illegal 
voting which had been born of the illegal registration, which 
is so conclusively shown to have existed in that ward See 
Mudd V. Compton, 51st Congress, Rowell’s Dig., p. 447. 


26 


The whole precinct in which this intimidation prevailed should 
be thrown out. See also 

Shafer v. Tillman 41st Congress, Rowell’s Dig. p. 257. 

Mitchell V. Walsh, 54th Congress, Rowell’s Dig. p. 521. 

Benoit v. Boatner (2d case), 54th Congress, Rowell’s Dig. 
p. 526. 

WHERE INTIMIDATION IS SHOWN, THE BURDEN IS 

ON THE CONTESTEE TO SHOW THAT THE 
RESULT WAS NOT AFFECTED. 

“Where intimidation is practised over men, sufficient in num¬ 
ber to affect the result, the burden of proof devolves upon him 
in whose interest the intimidation is committed, to show that the 
intimidation did not affect the result. If this proof be not made, 
and intimidation is so interwoven with the vote that it is impossi¬ 
ble to separate with reasonable certainty the good from the bad 
votes, then the bad votes should be rejected.” 

Hurd v. Romeis, 49th Congress, Mobley, 444. 

The doctrine above set forth has complete application to the 
present case. 

1st. Because of the large number of illegal voters, who 
were registered and voted in Ward 5. 

2nd. By the narrow margin concededly existing in this case 
between the total votes of both contestant and contestee. 

3rd. In view of the other features of the case, concerning 
the wrongful counting of the sticker votes without the cross. See 
also 

Smalls V. Elliot, 50th Congress, Mobley 680. 

When the evidence shows conclusively that violence, threats and 
intimidation have been used to affect the result at the precinct the 
whole vote should be rejected. See also 

Smalls V. Tillman 47th Congress, 2 Ellsworth, 435. 

See also 

Whyte V. Smith, 35th Congress, Bartlett 262 
where a whole election may be vitiated by intimidation. 


27 


VI. 

ILLEGAL REGISTRATION 

The amount of illegal registration which has been shown 
to have existed in Ward 5 by the testimony, which was not 
refuted or contradicted in any way, should have the greatest 
weight with your committee in favor of the contestant because 
the places in which the alleged illegal registration was practised 
were the strongholds of the Hendricks Club and Mr. Lomasney, 
and It IS an assumption clearly within reason, that this illegal 
registration was for the purpose of aiding the Hendricks Club 
in Its domination of the ward, by permitting it to carry elec¬ 
tions of the candidates selected and supported by said organiza¬ 
tion. In this case, Mr. Fitzgerald was the choice of Mr. 
Lomasney, the boss of the ward, and was supported by his 
organization, the Hendricks Club. Mr. Tague carried the Con¬ 
gressional District by a very large vote outside of Ward 5 and 
was beaten in a ratio of 5 to one in Ward 5 or in exact num¬ 
bers 2570 for Fitzgerald to 572 for Tague. The places in Ward 
5 where illegal registration seemed to flourish unchecked were 
precincts 4, 8 and 9. The attention of the committee is directed 
to the fact that those who practised the illegal registration, were 
ninety per cent, composed of bar tenders, saloon keeper’s and 
city employees, who lived outside this district, and who were 
summoned into court by the contestant (see evidence of Mr. 
Tague). Evidence was given as to their residence outside the 
district of these registrants; but these men did not come in to 
deny or explain the evidence against them, if it was in any part 
untrue or unfair. They refrained from testifying, although 
some of them attended hearings when the contestee was put¬ 
ting m his case. The illegal registration in this case does not 
admit of finely spun explanations, drawn on close lines on ac¬ 
count of technical domicile claimed, because there is no de¬ 
fense on the part of hundreds of these specified cases that there 
was any justification other than that of colonization. It was 
palpably for the purpose of voting in the democratic primary. 


28 


and a fortiori for the candidate of Boss Lomasney on election 
day in this Tenth District. 

That Congress has always looked with disfavor upon the 
practice of voting in a district when the domicile was in an¬ 
other district,—is very evident from the long line of decisions. 

See 

Cessna v. MyerSy 42nd Congress, Rowell’s Dig., p. 266. 

McCrary on Elections, 2d Edition, 

Wicker sham v. Sulzer, 65th Congress, pages 12—20. See 

also 

Sears v. BostoHy i Metcalf, p. 250. 

The committee’s attention is called to the fact that much 
of the illegal registration took place from bawdry houses, which 
in itself is prima facie evidence of fraud. See 

Horton v. Badger 57th Congress, Moore’s Dig., p. 15. 

Wagner v. Buttery 58th Congress, Moore’s Dig., p. 20. 

Mitchell V. Walsh, 46th Congress, Rowell’s Dig., 521. 

VII. 

REJECTION OE VOTES OF PRECINCTS WHEREIN 
ILLEGAL VOTING WAS PRACTISED 

At this point your contestant asks this committee to take 
into view the whole atmosphere connected with this case. Your 
contestant has urged and has proven that a great amount of fraud 
permeated both the primary and election. The headquarters of the 
fraud has unquestionably been placed in Ward 5, where through 
the manipulation of Mr. Lomasney, the manager of the con- 
testee and his organization, the Hendricks Club, practices were 
permitted and pursued which are offensive in their character, 
in violation of the law, and could be attempted and carried out 
only with the idea in mind of committing fraud on election day. 
If fraud is found to have permeated this district, then this 
committee should recommend that the vote of those precincts 
in which fraud is conclusively proven to have flourished, should 


29 


be rejected. This has been the policy of Congress in cases of 
this kind in the past, and it seems to be a sound exercise of 
judgment. This is the only way in which fraud of this kind 
can be thwarted and prevented and Congress has not hesitated 
to invoke such a remedy in order to arrive at justice. See 

Wagner v. Butler, 57th Congress, Moore’s Dig., p. 20. 

Gill V. Dyer, 63d Congress, Moore’s Dig., p. 88. 

IF FRAUD SO PERMEATES A PRECINCT SO AS TO 
MAKE IT IMPOSSIBLE TO DISTINGUISH THE GOOD 
FROM THE BAD VOTES, OR THE COMMITTEE IS 
UNABLE TO ASCERTAIN FOR WHOM THE FRAUD¬ 
ULENT VOTES WERE CAST,—A PROPORTIONAL DE¬ 
DUCTION FROM EACH CANDIDATE HAS BEEN THE 
RULE FOLLOWED BY CONGRESS. See 

Wickersham v. Suher, 65th Congress Report, p. 20. 

Britt V. Weaver, 65th Congress report p. 

Finley v. Wells 42d Congress, Smith 373. 

McCrary on Elections, p. 364. 

VHI. 

ELECTION PRACTICES 

One of the striking manners in which fraud was practiced 
in Ward 5, was by suggesting to the voter that he needed as¬ 
sistance and when the voter, who, of course, was under dom¬ 
ination of the ward boss, said “yes,” this permitted the organi¬ 
zation to really vote his ballot for him. The manner in which 
this was practiced was conclusively indicated through the testi¬ 
mony of John Gibbons in his description of the manner in 
which Patrick McNulty, one of the Hendricks Club members, 
marked the various ballots of those who were brought in and 
told to ask for assistance. It is a subtle practice, but its pur¬ 
pose is evident and it is sure method of controlling votes. The 
presence of this man McNulty, pursuing this method, also ex- 


30 


plains the desire to drive off the watchers for Mr. Tague, and 
unquestionably, many hundred votes were cast in this way, 
which it is impossible for the committee to know about, be¬ 
cause the various watchers had been expelled. See 

Gill V. Dyer, 63d Congress, Moore’s Dig., p. 84. 

Use of Fraudulent Stickers to Deceive Voters 

The crowning fraud in this case, and one which is prob¬ 
ably the most offensive and without any possible justification 
and which can find no possible excuse in the eyes of decent men, 
was that pursued by the representatives of Mr. Fitzgerald the 
contestee, who stood at the polls on election day and handed 
stickers with the name of Mr. Tague printed on them, but 
which were without gum, that when the voter having voted as he 
supposed for Mr. Tague and wet the sticker, putting it on the 
ballot, was thereby frustrated and deprived of that vote for Mr. 
Tague, because when the moisture dried, the sticker or paster 
fell off and was lost. This practice is despicable from every 
possible view point. It must have been born of a conspiracy, 
hatched by men who were familiar and acquainted with all the 
refinements of election frauds. The committee should not over¬ 
look the fact that there is a close connection between the con¬ 
testee in this case and those who distributed the ballots. Ac¬ 
cording to the evidence of Dennis F. O’Neil, William A. Mur¬ 
ray and others, these pseudo stickers were distributed by one 
of Mr. Fitzgerald’s principal lieutenant’s, viz.. Representative 
Ahearn who presided at Mr. Fitzgerald’s rallies, and was re¬ 
garded as one of his personal managers. Wide publicity was 
given to these charges in the Boston papers during the trial, 
because the charge was so sensational in its nature, but. in spite 
of that fact, neither Mr. Ahearn nor Mr. Fitzgerald took the 
stand to deny the charges. It must be found that the charge 
is substantiated and is truthful, and since the committee must 
find this to be true, it can very easily disregard everything else 
in this case and put the stamp of its most severe censure on 


31 


such practices. To carry out this conspiracy it was necessary 
to go to the expense of printing and having men stand at the 
polls and hand out these pseudo stickers. It was intentional de¬ 
ceit and fraud. The testimony shows that these stickers were 
used particularly in Wards i and 2 in East Boston, where the 
fraud was more open and notorious than elsewhere. The at¬ 
tention of the committee is called to the report of the Election 
Commissioners of the City of Boston wherein it is shown that 
the percentage of blanks in an election contest in Boston is 
nominally about 2J per cent. At this election in this district, 
contested as it was, with tremendous bitterness and with an 
exceptionally aroused determination on the part of the voters 
to participate in the election for this particular office, we find 
that the number of blanks for Congress in the Tenth District, 
was about per cent., whereas for all other offices on that 
same ballot, the percentage was about 2J per cent. This is 
particularly true in Wards i and 2. See Report of Boston 
Election Commissioners for 1918, pp. 117, 118, 119. 

On all the evidence as set forth in this case, the contestant 
prays that the committee on elections recommend to the House 
of Representatives to find as follows: 

1st: That fraud of an unforgivable nature was perpetrated 
at the primary by voting on the names of absent soldiers and 
sailors. 

2nd: That there were illegally registered more than 500 votes 
in Ward 5, which were voted on at the Democratic primary and 
also on election day, and that the vote cast in Precincts 4, 8 and 
9, wherein this illegal registration was most widely practiced, 
should be deducted from the contestant’s and contestee’s total. 

3rd: That the contestant Peter F. Tague was the duly nom¬ 
inated candidate of the Democratic party in the Tenth Dis¬ 
trict at the Primary held September 24th, 1918, and that he 
should have been awarded the certificate of nomination. 

4th: That the contestant has sustained all the charges made 
in his notice of contest and that the contestee has failed to re- 


32 


fute any of the same so made and substantiated by testimony; 
and finally 

5th. That the use of false and fraudulent stickers in¬ 
tentionally distributed for the purpose of deceiving the voters 
in and of itself, constituted a wrong against the voters of the 
Tenth District, and a fraud against your contestant, depriving 
him of more than sufficient votes to have overcome the con- 
testee’s plurality, and 

That Peter F. Tague be declared tO' be chosen the repre¬ 
sentative in the Sixty-sixth Congrss of the United States from 
the Tenth District of Massachusetts, and that it was wrong on 
the part of the Election officials of the City of Boston not to 
count the stickers which had been placed on the ballot with 
the name of Peter F. Tague and which so counted would give 
him a plurality of the votes cast. 

JOSEPH F. O^CONNELL, 

JAMES E. O’CONNELL, 
DANIEL T. O’CONNELL, 
ARTHUR HARRINGTON, 

ERANK A. GOODWIN, 

Attorneys for Contestant. 


of Atttwra 

HOUSE OF REPRESENTATIVES 

Sixty-Sixth Congress. 


Contested Election Case of 

PETER F. TAGUE 
vs. 

JOHN F. FITZGERALD. 


Tenth Massachusetts District. 


CONTESTEE’S BRIEF. 


John P. Feeney, 

Timothy F. Callahan, 
Vincent Brogna, 

Attorneys for Contestee. 












UNITED STATES OF AMERICA. 

HOUSE OF representatives 

Sixty-Sixth Congress. 


Contested Election Case of 
PETER F. TAGUE 

VS. 

JOHN F. FITZGERALD. 


Tenth Massachusetts District. 


CONTESTEE’S BRIEF. 


CONTESTEE’S REPLY. 

At the election in the Tenth Mass. District for Repre¬ 
sentative to Congress, comprising the first six wards in 
Boston, John F. Fitzgerald, Democrat, received 7,241 
votes, Peter F. Tague, Independent, received 7,003 votes, 
Mr, Fitzgerald receiving a plurality of 238 votes. 

This is the final plurality after a recount of the ballots 
by the Boston Election Commission, and tabulated and 
certified by the Governor of Massachusetts and Gover- 
nor’s Council as prescribed by law. 








2 


The contestant in this case bases his claim to the seat 
in this destrict not only on irregularities alleged to have 
existed at the election, but also on alleged irregularities 
at the primary, in September, 1918 . 

He asks for a review of the primary as well as the 
election. 

Primary 

The primary was held in September and on the final 
count by the Boston Election Commission John F. Fitz¬ 
gerald was declared nominated by 50 votes. This re¬ 
turn was unanimous and made after a recount of the 
votes by the Election Commission on petition of Peter 
F. Tague. 

This Commission is by statute a bi-partisan board com¬ 
posed of two Democrats and two Republicans. 

Not content with the decision of this Commission, the 
contestant, petitioned for a review of their findings by the 
State Ballot Law Commission, a bi-partisan board ap¬ 
pointed by the Governor of Massachusetts. 

This petition was filed after the time allowed by the 
law (see Sec. of State Boynton testimony), and under 
ordinary circumstances would be dismissed, but the con- 
testee insisted on waiving all legal and technical ob¬ 
jections to the petition (see Lomasney testimony), and 
the contestant was permitted to proceed with his case. 

After a very complete and exhaustive investigation of 
the claims and objections of the contestant, this bi-partisan 
board unanimously declared Mr. Fitzgerald nominated. 

Findings of Ballot Law Commission 


The issues heard by us 
leged fraud on the part of 
of the City of Boston in 


were illegal voting and al- 
the election commissioners 
conducting the recount of 


votes cast for this nomination in the primaries on Sep¬ 
tember 24 , 1918 . 


Because of the importance of these issues bearing 
upon the integrity of the election and the conduct of a 
public board we file this memorandum with our de¬ 
cision. 

The fraud alleged on the part of the Election Com¬ 
missioners consisted in the obtaining of 1,000 addi¬ 
tional ballots from the State printer on the afternoon 
of the primary to provide for anticipated shortage; 
and the delay in granting Mr. Tague an inspection at 
, the recount of the unused ballots in an endeavor to 
discover 50 Democratic ballots claimed to have been 
cast and not counted in ward 5 , precinct 4 , it appeared 
that the crank of the registering ballot box could not 
be found at the opening of the polls at 6 a. m., where¬ 
upon the emergency ballot box was used until 8.15 
a.m., when the ballots taken in the emergency box 
were publicly, one by one, taken out and transferred to 
the registering ballot box. The ballots cast and 
not cast in that precinct were counted by us and 
the names checked on the voting list agreed with 
the total number of ballots cast. The total of bal¬ 
lots cast and not cast also agreed with the 
number of ballots furnished by the secretary of the 
Commonwealth. 

We find that this use of the emergency ballot box 
and the transfer of the ballots to the registering ballot 
box were not fraudulent and they in no way affected 
the result of the election. 

In ward 5 , precinct 3 , the canceling device of the 
registering ballot box did not print the precinct num¬ 
ber, although the cancellation in all other respects 
was perfect. This could not be discovered until the 
polls were closed and the ballot box was opened. It 


4 


was claimed that the ballots in this precinct should 
all be rejected because of this defect. The voters who 
voted in this precinct can not be disfranchised by this 
defect of the cancelling device. 

Minor irregularities on the part of some of the pre¬ 
cinct officers were shown but they in no way affected 
the result. 

The rule of law governing us on this branch of the 
case is stated by Attorney General Pillsbury in Rus¬ 
sell’s Massachusetts Election cases, page 52 : 

Tt is a settled rule of election law that mistakes or 
fraud of election officers shall not invalidate a vote 
lawfully and regularly cast, and that is a salutary rule 
in the interest of the public no less than of the voter.’ 

Three cases of illegal voting upon .the names of 
registered civilians were proved. 

It was alleged that 17 illegal votes were cast upon 
the names of soldiers and sailors in the United 
States service claimed to be absent at camps 
or stations, so that they could not have been 
in Boston on the days of the primaries. In 
five cases this has been proved. In the re¬ 
maining 12 cases information of the whereabouts of 
these men on the day of the primary which we have 
sought by direct communication with the Army and 
Navy has not ben received. 

The law governing cases of illegal voting is stated 
by the Supreme Court of this Commonwealth in First 
Parish v. Stearns, 21 Pickering, 148 , and in the con¬ 
tested election case of Alexander v. Doyle, Russell’s 
Massachusetts Election cases, page 57 ; the latter case 
decided in 1894 , since the adoption of the Australian 
ballot system. 

The rule in these cases is that in order to set aside 
the election of a person it is necessary n'ot only to 


r 


5 

prove that fraudulent votes were cast at the election, 
but also for whom they wer cast, and that the number 
was sufficient to change the result. 

Applying the above rule and assuming that all those 
were illegal votes and were cast for John F. Fitzger¬ 
ald, which has not been proved, the result would not 
be changed, for if all of these illegal and alleged il- 
lepl votes were taken from his total number he would 
still have a majority of the votes cast. 

Henry V. Cunningham, 
Francis W. Estey_, 

Thomas M. Vinson."^ 

There has been no new evidence produced since this 
finding that would in any way change the result. There 
has only been a criticism of the board, a charge that the 
board was intimidated, and a charge that the hearing was 
conducted in an illegal and fraudulent manner, but no 
evidence to sustain any of these charges (see testimony of 
Contestant Tague). 

These charges have been decisively disposed of by Mr. 
Cunningham’s testimony, pp. 116 - 117 , 120, as follows:— 

In their bill of complaint they allege in their 
first specification that they bring that complaint be¬ 
cause the hearings before the Ballot-Law Commission 
of the Commonwealth of Massachusetts were con¬ 
ducted in an illegal, fraudulent, improper, prejudiced 
manner. What have you to say to that? A. The 
hearing was conducted according to law, fairly and 
without prejudice. 

Q. This specification, ‘the Commission refused to 
summon witnesses and that their names and addresses 
and sufficient money to summon said witnesses were 
in the possession of the Commission.’ Is that so, Mr. 


6 


Cunningham ? A. Every witness was summoned we 
were requested to summon. 

Q. It has been alleged in the bill of complaint and 
Congressman Tague has testified that Mr. Lomasney 
was in the room and his physical presence there had 
something to do with the findings of your Board. Is 
that so, or not? A. It is not. 

Q. Were there any more courtesies shown Mr. Lo¬ 
masney or to counsel for Mr. Fitzgerald than were 
shown to Congressman Tague and his counsel ? A. As 
courteous? I should not use that. The same defer¬ 
ence. We attempted to pay the same deference as a 
quasi-judicial tribunal would be expected to to counsel 
conducting the case. 

Q. Were you or your board frightened or intimi¬ 
dated by the presence of Mr. Lomasney? A. No.'' 

Mr. Cunningham, the chairman of the Ballot Law Com¬ 
mission, is a leading citizen of Boston, a highly respected 
member of the Massachusetts bar since 1887 , a member of 
the Ballot Law Commission since 1893 , and its chairman 
for about fifteen years. 

No evidence has been produced to justify Congress to 
repudiate the unanimous decisions of these two election 
boards. 

Presumption in Favor of Acts of Election Officers. 

Officers of elections are presumed to have acted 
under the law." Easton vs. Scott, 14 th Cong. C. and 
H. 280 . 

“It is presumed that officers of election did their 
duty." Frost vs. Metcalfe, 4 th Congress, 1 Ells. 290 . 

“The presumption that sworn officers of the law 
have done their duty must obtain until the contrary 


7 


dearly appears.” Boynton vs. Loring, 4th Cong. 1 
Ells. 350. 

The presumption of law is that officers charged 
with the duty of ascertaining and declaring the result 
of the election have faithfully performed their duty.’' 
McDuffie vs. Davidson, 50th Cong. Mobley, 581. 

Mere allegations and charges of illegality and fraud 
do not overcome the presumption of law and the contestant 
has not sustained the burden of proof. 

Shortly after the recount of the primary, and prior 
to hearing of Ballot Law Commission, the contestant peti¬ 
tioned the Chief Justice of the Boston Municipal Court foj’ 
an inquest as provided in the following statute. 

“Acts of 1913, Chap: 835, Sections 372 - 378 . 

Inquests in Election Cases. 

SECTION 372. Upon a complaint subscribed and 
sworn to by any person before a police, district or 
municipal court or a trial justice, alleging that reason¬ 
able grounds exist for believing that any law relating 
to the assessment, qualification or registration of 
voters, or to voting lists or ballots, or to primaries, 
caucuses, conventions and elections, or to any matters 
pertaining thereto, has been violated, such court or jus¬ 
tice may at once hold an inquest to inquire into such 
alleged violation of the law. 

SECTION 373. The court or trial justice may ex¬ 
clude all persons whose presence is not necessary at 
such inquest; and may also direct the witnesses to be 
kept so separated that they can not converse with each 
other until they have been examined. The attorney- 
general, the district attorney or some person desig¬ 
nated by either, shall attend the inquest and examine 
the witnesses. 


8 


SECTION 374. Such court, justice, or attorney may 
issue subpoenas for witnesses, who shall be allowed the 
same fees, whose attendance may be enforced in the 
same manner, and who shall be subject to the same 
penalties, as if served with a subpoena in behalf of the 
Commonwealth in a criminal prosecution before such 
court or trial justice. 

SECTION 375. Such court or trial justice may em¬ 
ploy a stenographer and may have the proceedings 
reduced to writing; and if he finds that the law has 
been violated, shall report to the superior court all the 
material facts and the names of any persons guilty of 
any such violation. 

SECTION 376. The court or trial justice may bind 
over, as in criminal prosecutions, such witnesses as are 
necessary, or as said attorney may designate, to ap¬ 
pear and testify in the superior court. 

SECTION 377. If a person charged by the report 
with the commission of an offense is not in custody, 
the court or trial justice shall forthwith issue a process 
for his apprehension; but such process may issue be¬ 
fore the filing of said report, if otherwise lawful. 

SECTION 378. No person shall be excused from 
testifying or producing any papers in any in¬ 
quest proceedings under this act on the ground 
that his testimony may tend to criminate him 
or subject him to a penalty or forfeiture, but 
he shall not be prosecuted or be subject to 
a penalty or forfeiture for or on account of any 
action, matter or thing concerning which he may so 
testify, except for perjury committed in such testi¬ 
mony.’' 

A hearing was held before Chief Justice Bolster, which 
was adjourned to give Mr. Tague opportunity to obtain 


9 


and produce evidence, but no evidence was produced. No 
subsequent hearings were held. If the contestant had faith 
in his claims, certainly no better opportunity to prove 
them could be furnished than by this statute, with its 
great investigating power. His failure to press his claim 
before a properly constituted judicial tribunal with com¬ 
plete investigating power, created for the very purpose of 
eliminating fraud in elections, shows clearly a lack of sin¬ 
cerity in that claim, and that it was intended only as cam- 
paign material to influence public opinion through the 
press. 

With a firm belief that this Committee will not at¬ 
tempt to change or even review the unanimous findings 
of these two Commissions, we shall confine ourselves to 
the claims of the contestant on the merits of the election. 

Election. 

At the election in November, the contestant ran on 
stickers, and after the rcount of the Boston Election Com¬ 
mission, Mr. Fitzgerald had a plurality of 230 votes, to 
which later was added a plurality of 8 votes cast by sol¬ 
diers under the absentee voting law, making the total 
plurality 238, and this was tabulated and certified by the 
Governor and Council. 

The Votes of Soldiers Cast Under the Absentee Voting 
Law Should be Counted. 

In the testimony of Mr. Boynton, deputy secretary of 
state, it was shown that six ballots were received (on or 
before the 8th day of November, three days after the 
election), from soldiers in the service of the United States. 

Of these ballots five were for contestee and one for con¬ 
testant. Under the Massachusetts Absentee Voting law 



10 


all ballots for State offices received before November 30th 
are counted, but as this does not apply to candidates for 
federal offices, these ballots were not counted. But it 
would be unjust and unfair to disfranchise these soldiers, 
and we respectfully urge that these votes be counted. 

Recount of Election. 

The contestant claims that he received more votes on 
election day than the contestee, but that said votes were 
not counted for him by the Election Commission. 

The evidence proves that the recount of the ballots cast 
at election was held with the greatest degree of care, fair¬ 
ness and publicity. The contestant was represented by 
counsel, had watchers at each table where votes were 
being recounted, and all disputed ballots were decided 
after argument of counsel and before representatives of 
all the Boston daily papers. 

Testimony of Commissioner Wasserman, page 660 . 

“Q. What is your name, please? A. Jacob Wasi,ser- 
man. 

Q. You are an election commissioner of the city of 
Boston? A. I am. 

Q. And you are an attorney? A. Yes. 

Q. And were you election commissioner during 
the past year when they had the recounts in this 
congressional fight? A. Yes. 

Q. And you are a Republican, Mr. Wasserman? 
A. Yes. 

Q. And you are a Republican member of that 
Board ? A. I am. 

Q. That is a bi-partisan board? A. A bi-partisan 
board. 

Q. Two Democrats and two Republicans? A. Yes. 

Q. At the recount of the election, Mr. Wasserman, 
what would you say as to the way that was con- 




11 


ducted r I have now reference to the propriety of the 
occasion. A. It was conducted openly. 

Q. Yes. A. And without any trouble of any kind. 

Q. Now, when you say ‘openly,’ who were there, 
as you recall it, at the recount ? A. The four com¬ 
missioners, representatives of Mr. Tag-ue and Mr 
Fitzgerald. 

Q. Your Board saw to it that Mr. Tague had ade¬ 
quate representation or the opportunity for ade¬ 
quate representation at that recount? A. He did 
have. 

Q. And it was arranged so that he could have two 
watchers at each table, Mr. Wasserman? A. Yes. 

Q. Now, the recount of these ballots for the elec¬ 
tion was held in the outer room; your big work room, 
wasn’t it? A. Yes. 

Q. And the questioned or disputed ballots were 
then brought into the office of the commissioners ^ 
A. Yes. 

Q. And who was present when those disputed or 
questioned ballots were gone over? A. All of the 
commissioners and the representatives of both par¬ 
ties. 

Q. That is, Mr. Tague was there a great deal of the 
time? A. Mr. Tague was there. 

Q. And Mr. O’Connell, his attorney? A. Mr. 
O’Connell, Mr. Goodwin, Mr. Harrington, Mr. Feeney, 
myself, yourself, and I think Mr. Brogna was there 
part of the time. 

Q. There were also members of the press there? 
A. Yes. 

O. Were there? A. Yes. 

Q. And they were there at the invitation of your 
commission? A. Exactly. 

Q. Each newspaper in Boston was represented? 
A. I believe so. 

Q. Now, in determining those questioned or dis¬ 
puted ballots, Mr. Wasserman, were they all deter¬ 
mined there in the presence of counsel and in the 
presence of the press? A. Yes.” 


12 


The contestant was represented by counsel and watchers 
at the recount, and sufficient opportunity was given to 
see how ballots were counted, and ample opportunity was 
given to have ballots described in order to show why 
ballots now claimed by the contestant were not counted 
for him; but there is no proper description of these ballots 
in evidence, and no proper evidence tending to show that 
any of them should have been credited to the contestant. 

To be sure there are some 1,300 or more ballots as ex¬ 
hibits in the case, but these ballots are not described by 
members of the election commission or any witness to 
show why they were counted for the contestant or con- 
testee as the case may be. Counsel for the contestant, 
over the objection of contestee's counsel described in an 
inaccurate and wholly biased manner a great many ballots, 
but the contestee respectfully submits that the description 
of these ballots by counsel and not by proper witnesses, is 
contrary to all rules of evidence, and should not be con¬ 
sidered by a congressional committee. 

If the contestant did not legally, accurately and through 
proper witnesses prove that ballots were counted wrong¬ 
fully, he can not now make any such claim, as such con¬ 
tention is clearly unsupported by evidence. 

Paster or Sticker Ballots. 

The contestant claims that there are ballots with stickers 
not crossed that should be counted for him. Also that 
there are ballots on which his name is written some 
crossed, and others not, which were not counted for him. 

Although there is no proper evidence before the com¬ 
mittee on these allegations, the contestee desires to state 
that all ballots where it could be reasonably inferred from 
the spelling that the voter intended to vote for contestant, 
were so counted by the election board. 


13 


Regarding ballots that contained stickers that were 
placed on them but were not crossed, the contestee as¬ 
serts that though there is no proper evidence of these 
before the committee, the election board in any event 
would not be justified in counting such ballots. 


where the official ballot bore only the name of one 
candidate, and the printed name of another candi¬ 
date had been pasted in the blank space left at the 
end of the list of candidates, but without an X mark 
or other mark in the space at the right of either name 
(or elsewhere upon the ballot, as I understand the 
question), such ballot can not be counted for either 
candidate. 

The great purpose of the act is, unquestionably to 
promote the purity of the ballot, by insuring a free 
and intelligent expression of the voter’s choice, in 
secret and on the spot; and the intent of the act, 
so far as it concerns the question now under con¬ 
sideration, seems clearly to be that he shall indicate 
his choice by the affirmative act of marking the 
ballot * * 

Opinion of Attorney-General Pillsbury, Opinions 
of Attorneys-General of Massachusetts, Vol. 1, 
1891-1898. 

Section 107, Chap. 835, Acts of 1913 of Massachusetts, 
provides that 

“No names shall be printed on a ballot other than 
those presented on nomination papers. Immediately 
following the names of candidates, blank spaces equal 
to the number of persons to be chosen, shall be pro¬ 
vided for the insertion of other names.” 

and Section 108, of same chapter, of said Act provides that 

“A cross (X) marked against a name shall constitute 
a vote for the person so designated.” 


14 


It is therefore manifest when a name is inserted that 
two acts are necessary, viz.: 

I, to insert the name, and 

II, to mark a cross. 

Who is there that will say what the intention of a voter 
was that did one, and not the other? Is there any way in 
which his intent can be shown? What happened between 
the two acts? Why did he do one and not the other? 
Under the circumstances isn’t it a matter of conjecture 
pure and simple as to what was the voter’s intent? 

The case of Ray v. Ashland, 221 Mass., 223, cited in 
contestant’s brief, is not identical with this case. In Ray 
V. Ashland the question of the failure of the voter to mark 
the cross was not considered nor decided. The question 
there was whether the voter was confined to a particular 
space to place his paster, the stickers being pasted over 
the printed name on the ballot and on in the blank space, 
and the votes were counted for the paster candidate when 
crossed. 

The court held that it was not a mandatory provision 
of the statute that required the placing of a sticker in the 
blank space. 

In this case the court said, on page 225, 

“We find no express provision, prohibiting the 
voter if he chooses such mode of expressing his right, 
from placing a written or printed slip bearing the 
name of another person over the name of a candi¬ 
date, and voting for that person by making a cross in 
the appropriate b.lank opposite the name.” 

This can only be construed to mean that the vote was 
registered by making the cross, and the vote was not com¬ 
pleted until such cross was made. 

The failure to place a cross against the paster leaves 


15 


too much to conjecture, and on this point the courts have 
consistently held that if the intent of the voter is left to 
mere conjecture it can not be counted. 

O’Connell v. Matthews, 177 Mass. 518. 

Flanders v. Roberts, 195 Mass. 222. 

In the case of Britt v. Weaver, 65th Congress, cited as 
a case in point, the Republican minority insisted that the 
cross was necessary when prescribed by statute. In this 
case the ballots contained only the name of the candidate 
for Congress, and the cross could be made before the 
voter went to the polling place. There being only one 
name on a ballot, it might easily have been decided that 
the depositing of a ballot constituted a vote. 

But the Masachusetts ballot is a more complicated af¬ 
fair. The names of all candidates for public office are on 
the ballot, and the depositing of a ballot unmarked could 
only be counted a blank. The only way in which a vote 
can be counted is when a cross or other "mark is placed op¬ 
posite the name of a candidate. 

In Britt v. Weaver the Republican members of Congress 
insisted that a cross was necessary on a ballot that con¬ 
tained only one name, when the statute prescribed it; that 
being so (with the same statutory requirement) it is posi¬ 
tively indispensable on a ballot that contains the names 
of several candidates. 

Voters Knew Cross (X) Was Necessary. 

The contestant and the general public know that a 
cross is necessary against the name of the candidate in 
order to constitute a vote, as is shown by his pre-election 
speeches and extensive advertising. 

See Exhibits 12, 13, 14, 15. 


16 


Exhibit 12 is a sample ballot, sent to all the voters in 
the district, with the following statements, “be sure and 
mark the cross X where this hand points (indicating space 
beside name P. F. T.) after you put the sticker on.’^ 

“Be sure and stick the sticker where this hand points. 
Then mark a cross at the right with your pencil.” 

“If you rather not use a sticker write the words Peter 
F. Tague of Boston where the sticker should be put 

and make a cross at the right.” 

These are all written in red ink and in large letters. 
Exhibit 13 is a circular letter with these words, 

“My name will not be printed on the ballot, and so 
you must use a sticker or write my name on the ballot, 
and mark a cross X with your pencil to vote for me! 

I am sending you stickers and a sample ballot show¬ 
ing how and where to vote. Remember if you don’t 
want to use a sticker you can write the words Peter F. 
Tague of Boston in the space left for the sticker in 
the congressional column, but be sure and mark a cross 
with your pencil at the right of the sticker or name.” 

Exhibit 14 is a circular letter to all the voters in the dis¬ 
trict with the following instructions : 

“I am sending to you enclosed a sample ballot and 
stickers with complete instructions how and where 
to place the stickers or write the name and mark the 
cross X. 

Above all things remember that after the sticker is 
pasted on or name written in, it is necessary to mark 
a cross X at the right with your pencil. I know that 
the voters of the 10th district are intelligent enough to 
place a sticker in the right place and mark the bal- 


17 


Exhibit 15 is an advertisement in the Boston Post 
which claims to have the largest circulation of any morning 
newspaper. It is headed, 

“How to Use Stickers and Vote for Tague. 

To vote for Tague for Congress, you may either write 
his name ‘Peter F. Tague, Boston, Mass.,’ on the 
ballot and mark a cross cdongside, or you can use a 
sticker. In using a sticker, simply moisten the gummed 
side and stick it on the ballot. Then mark a cross 
alongside. Don’t forget to place the cross alongside, 
otherwise your vote will be wasted.” 

In Massachusetts it has always been understood that a 
cross X or some other mark is necessary in the space op¬ 
posite the name of a candidate in order to constitute a vote. 

See opinion of Attorney-General Pillsbury, quoted 
above. 

This has been followed in Massachusetts, and has been 
accepted generally, without question. 

Contestant has cited the cases of 

Frederick v. Wilson, 48th Congress, and Greevey v. 
Skull, 52nd Congress, but in neither of these cases was 
there a statute prescribing a cross to be made to indicate 
the choice of the voter. 

Written Ballots. 

There is no evidence before your committee that the 
contestant was not credited with all ballots on which the 
contestant’s name was written, regardless of spelling, 
which were crossed as prescribed by statute. Mere unsup¬ 
ported allegations are not evidence. 

Your contestee asserts that contestant was credited 
with every one of these ballots. In a very few cases some 


18 


ballots containing the name of contestant written in were 
not counted, because of the failure of the voter to mark a 
cross. To these ballots the same principle must apply a,s, 
to stickers, viz., the necessity of a cross opposite the name 
m order to constitute a valid vote. 


Alleged Use of Fraudulent Stickers. 

A sticker without gum was introduced by contestant, 
as an exhibit, and it was claimed that it was only one of 
many that were distributed to defraud him. This feature 
of the case is argued at great length, but there is positively 
not the slightest evidence to show that any of these 
stickers were used. 

Mr. Tague had workers at each of the SO voting pre- 
cmcts in this district, there were six election officers at each 
precinct, at least two and sometimes four police officers at 
each precinct, and not one witness was produced to show 
that any fraudulent sticker was used. 

Your contestee asks that the evidence of Dennis F 
O’Neil, William A. Murray, and others be rejected be- 
cause It is hearsay evidence. It was properly and season¬ 
ably objected to and would not have been admitted or 
considered in any court of law. 

It is stated in the case of Ingersoll vs. Naylor that, 


The rule upon which the committee reject all hear¬ 
say evidence they conceive too well settled and too 
clear and just to require any argument. If all experi¬ 
ence has shown, that in the administration of justice 
in the most petty and trifling matters between man 
and man there is no security for truth without the 
sanction of an oath, every one must admit that in a 
controversy which enlists the strongest passions of 
our nature, often stimulated by ambition aL partisan 
prejudice and animosity, we can not safely dispense 


19 


with this ^reat security. If evidence of this character 
were received, it might be manufactured with im¬ 
punity to any amount, and no representative would 
be secure of his seat for a single day.” 

“Hearsay evidence should not be considered.” 

Donnelly vs. Washburn, 46th; 1 Ells., 472; Row¬ 
ell, 699. 


The vicious tendency of hearsay evidence in elec¬ 
tion cases needs no demonstration.” 

Wallace vs. McKinley, 48th Congress, Moblev, 189- 
Rowell, 699. 

“Statements and declarations of other persons and 
conclusions of witnesses from these statements and 
declarations, should be regarded as hearsay, and in¬ 
admissible for any purpose.” 

Hurd vs. Romeis, 49th Congress, Mobley, 425* 
Rowell, 699. 

Although we maintain that all the evidence on the use 
of these alleged fraudulent stickers is inadmissible and 
should be disregarded by the committee, yet we can not 
allow to go unchallenged the statement of contestant that 
these were used so that there were 7l4% blanks in 
this district for ofhce of representative in Congress and 
about 2^% blanks for other offices. 

This statement is absolutely untrue, and these per¬ 
centages are imaginary and have no basis in fact. As a 
matter of fact, there were 794 blanks in this district which 
was 5 1/10% of votes cast. 

In the 11th and 12th districts, the other two Boston 
congressional districts, there were 1,168 and 1,518 blanks, 
and these blanks are 4 9/10% and 5 6/10% of the votes 
cast in these districts, respectively. These figures and 
percentages indicate that there was no extraordinary num¬ 
ber of blank ballots in the 10th district. 


20 


It might be added that the percentage of blanks is not 
so striking in the 10th district as in the others, because 
the number of blanks in the contest for governor cast in 
the 10th district is much higher than in the 11th and 12th 
districts. 

Blanks for Governor. 

10th Congressional District, 665 blanks 4 3/10%. 

11th Congressional District, 391 blanks, 1 6/10%. 

12th Congressional District, 409 blanks, 1 1/2%. 

When you consider that 4 3/10% of the voters in the 
10th district did not vote for governor, it is most surpris¬ 
ing that there is not a greater percentage of blank votes for 
Congress, because the Socialists who had no candidate for 
Congress cast 2 4/10% of the total vote in the district, 
and it is fair to assume that many of them did not vote 
for the candidates for Congress of a different party. 

In the 11th and 12th Congressional Districts the number 
of blanks for Governor at this election was 1 6/10% and 
1 5/10%, respectively. In these two districts there was a 
far greater difference in the number of blanks cast for 
Congress and cast for Governor than in the 10th district. 

The greater number of blanks in a Congressional con¬ 
test, as compared with election for Governor is due to a 
natural falling off of votes in all the contests placed lower 
on the ballot. (See election report.) 

That there was a smaller falling off in the 10th dis¬ 
trict than in the others, is pretty good evidence that there 
were no blanks because of fraudulent stickers. 

No ballot showing that a sticker had been pasted on and 
had fallen off had been produced. There were some bal¬ 
lots without any mark of any sort. These are blank be¬ 
cause voters for lack of interest or some other reason 
failed to mark them. There is no greater percentage in 



21 


f 


this district than in others, and this is only a specious 
argument advanced by the contestant. 

Alleged Fraud. 

Use of Money in Election. 

Contestant states that he was offered two years’ salar}^-. 
This was made in a faltering and mealy-mouthed way 
and it carried little conviction of truth. 

It was made after counsel for contestee had objected be¬ 
cause there was no allegation of any such thing in the 
specifications, pages 10 and 11, report of testimony, and 
this evidence should be rejected. 

“The rule that a party is bound by his pleadings and 
is limited in his proof to the issues therien advanced, 
has been recognized and insisted on in contested con¬ 
gressional election cases. Depositions in regard to 
issues not raised in the notice of contest have been 
held to be inadmissible.” 

Stobell vs. Cabell, 47th Congress, 2 Ells., 668. 

“Objection having been made by contestee to evi¬ 
dence on points not put in issue by contestant’s no¬ 
tice the evidence was rejected.” 

Boyd vs. Kelso. 

Hind’s Precedents, Vol. 2, Sec. 855. 

There is some testimony to the effect that a former 
representative said he had received $1,000 to help con¬ 
testee in election. This was denied by the man himself, 
but an alleged conversation of his with witnesses Green and 
Giblin, was introduced in evidence, pages 330-332. 

The contestee asks that their testimony be excluded, 
because it is hearsay, and because contestant made no 
such allegation in his notice of contest. 

See cases on hearsay cited above. 

See cases on notice of contest cited above. 


22 


The only other testimony of money is by witness Giblin, 
and it is so ridiculous that it needs no comment. There is 
positively not the slightest evidence of the unlawful use 
of money in this case. 

An allegation as serious as this should be supported by 
some evidenec. The failure to produce any evidence 
proves the insincerity of the claims of contestant, and 
a desire to smirch a man’s reputation without reason. 
Certainly there was no need on the part of contestee to 
deny such absurd statements, that had no basis in fact, 
and were made by disgruntled and irresponsible persons. 

Alleged Coercion and Intimidation. 

Contestant calls attention to the evidence of John Gib¬ 
bons, Thomas J. Glynn, James J. McCarthy and Abraham 
E. Halpern, to show that coercion and intimidation was 
used at this election. All of these men with the exception 
of Halpern were watchers for the contestant and are 
naturally prejudiced, yet one can not read their testi¬ 
mony without believing that nothing happened except 
what would happen at the polling places of any election 
district in a spirited election contest. 

Glynn and McCarthy were complete strangers in the 
district challenging voters whom they did not know for 
alleged illegal registration. They were challenging from 
lists compiled by Gibbons, who had made no thorough in¬ 
vestigation as to registration. They were challenging 
indiscriminately and recklessly, and it is no wonder that 
some voters resented this. 

Gibbons was one of Tague’s staunchest supports and 
a bitter local opponent of Mr. Lomasney. His testimony 
was more than likely colored by prejudice, and this being 
so, let us look at his testimony on page 131: 



23 


“Q. What did it consist of? (referring to intimida¬ 
tion) ? A. Having these men ask for Democratic as¬ 
sistance and also stopping them and giving them 
Martin Lomasney’s sample ballot. 

Q. And that you regard as intimidation? A. That 
is intimidation. 

Q. All that was done was that somebody accosted a 
voter? Didn’t stop them physically? A. Yes. 

Q. Grab hold of them? A. Yes. 

Q. How ? A. Grab them by the arm: ‘Come over 
here a minute.’ 

Q. In a friendly way? A. Yes. 

Q. And says, ‘Here is a sample ballot. Will you 
vote this way?’ A. Yes. 

Q. And the voter would pass on and go in and 
vote? A. Yes. 

Q. Is that all that was done? A. Yes. 

Q. And that is what you call intimidation? A. That 
was intimidation. 

Q. That is what you call it? A. Yes; I call it that.” 
And on page 130, 

Q. Did you personally on the 1st day of April oi 
at any other time between the 1st of April and the 
primary of last year go to the house where these 
men were registered to see whether or not they were 
legal and bona fide residents? A. I did not go to the 
houses.” 

There are about 22,000 legal voters in this district, o^f 
which over 15,000 voted at this election and the one wit¬ 
ness that the contestant produces to shown intimidation is 
Halpern, and it is shown on cross-examination that Hal- 
pern is not a voter, and that he got into some kind of 
dispute in a ward several miles from where he lived. 

Not one legal voter has been produced to testify that 
he was coerced or intimidated, nor has there been produced 


24 


the name of any voter, who by direct evidence, or even 
hearsay, was claimed to have been coerced or intimidated. 

On such serious charges as these direct, substantial, 
positive, and accurate evidence should be produced in 
order that a Congressional Committee should consider it. 
In the assistance to voters there is not the slightest sug¬ 
gestion of illegality. Everything was done according to 
law. There are 12 or 13 votes that were marked as having 
been assisted. It has not been shown for whom these votes 
were cast, or intimated that they were not marked as re¬ 
quested by the voter. 

In this direction it has been held that even when assis¬ 
tance by election officers was given to voters who had not 
made the required affidavit as to their ignorance of the 
English language or their physical disability that will not 
of itself vitiate their votes. 

Carney vs. Smith, 63d Congress, Moore, page 98. 
There are 12 challenged votes, that have been marked as 
exhibits, but it has not been shown that these were counted 
for the contestee, nor has it been shown that they were law¬ 
fully challenged or cast illegally. 

The whole case of the contestant on alleged fraud, in¬ 
timidation, and illegal registration depends upon testi¬ 
mony of the contestant and a few of his henchmen. There 
IS absolutely no corroboration, and not the slightest evi¬ 
dence by any disinterested persons. 

It IS obvious that this evidence is colored by partisan 
prejudice, and is not the kind of evidence that should be 
relied upon to make any change in such an important of¬ 
fice. 

Mr. Tague’s Treacherous Memory or Perjury. 

At this time we particularly call attention to Contestee’s 
Exhibit 10, in reference to the testimony of Mr. Tague 
The subject-matter of the letter may not be in issue, and 


25 


your committee may disregard it, but the date as well as 
the friendly tone of the letter are most important, taken 
in connection with contestant’s testimony that in April, 
1917, Mr. Lomasney threatened him and told him he would 
never go back to Congress. (See page 69, Tague’s testi¬ 
mony.) 


“(Peter F. Tague, Tenth District, Massachusetts, 
Joseph F. Kane, Secretary.) 

House of Representatives, 

Washington, D. C., March 28, 1918. 
Hon. Martin M. Lomasney, 

11-A Green Street, Boston, Mass. 

Dear Martin: Last week I wrote you a note asking 
you to give me at once the name of the contractor 
who I could use on this building, which is about to 
begin. When I was in Boston, you told me that you 
would get the same and send it to me at once, and as 
the building of all the cantonments and housing propo¬ 
sitions are under way, and I have an opportunity of 
getting in on them, I would be pleased if you would 
give me this at once. 

With best wishes, I am 

Very sincerely yours, ‘Peter.’ ” 

If Mr. Lomasney threatened the contestant with defeat 
in the spring of 1917, it is yery singular that he should 
be writing such a friendly letter to Mr. Lomasney on 
March 28, 1918, with the salutation of “Dear Martin,” 
and signed familiarly “Peter.” 

The significance of this letter is the date, and the inti¬ 
mate way in which it is written. It is a direct contra¬ 
diction to the contestant’s other testimony. Either Mr. 
Tague is not truthful or he has a very treacherous memory, 
and this must be considered in weighing the rest of his 
evidence. 


26 


Illegal Registration. 


The contestant in his brief (p. 27) practically admits 
that he has not proved his allegation of illegal registra¬ 
tion. He claims, however, that because his unsubstanti¬ 
ated allegations were not answered by the persons in¬ 
volved he is excused from proving them. This position is 
unsound for the reasons: 


First. The burden of proof is on the contestant. 

Second: There is a presumption that the certified vot¬ 
ing lists are correct and in compliance with law. 

It IS a strange doctrine that the burden of proof shifts 
because mere allegations unsupported by proper evidence 
are made, and certainly it would not be followed in any 
court of law. 


Contestant attacks the right of many persons to vote 
where listed and registered in this district, claiming that 
they have no legal domicile there. This comes with poor 
grace from the contestant who had an illegally registered 
voter from his own house (see testimony of Goggins) 
and also from the house of his mother (see testimony 
of Miss Tague and Mr. Turnbull). 

Every man must have a domicile. It is undisputed 
that he has the right to choose his domicile. In the case 
of men having several homes, they have the right to choose 
any one of them as their domicile. In the case of men 
moving from place to place, it is clearly their right to 
choose their domicile, and the question of domicile is a 
question of intent. 


Ward 5 comprises nearly the entire business section of 
Boston, with Its great hotels, docks and wharves, great 
banks and warehouses, the two great railroad terminals 
of Boston, City Hall and County Courts. It has a highly 
diversified population in which are represented all of 


27 


the European countries and many others. There are 
many small hotels and many lodging houses. There are 
a great many places where men live only for a short while 
and move from place to place. There are many unfortu¬ 
nate men, who are compelled by force of circumstances 
to live in these cheap places, but who have the right to 
a domicile and the right tO' vote. These men can not be 
disfranchised because they happen to live in a different 
house or on a different street at election time than they 
did at the time they were police listed. 

All the voters, but one, examined to prove illegal regis¬ 
tration, were clearly shown to be bona fide voters of the 
district. The one exception was Finklestein who said that 
he lived in another district, but was registered in Ward 5. 

The evidence of his fraudulent registration was given 
so willingly that it must be viewed with more or less 
suspicion. But though he admitted that he lived in 
another district, it was not shown that he went there at 
the request of contestee or any of his friends. 

All the other witnesses called testified that they were 
actual residents on the 1st of April, when the police list¬ 
ing was taken, and that they lived where listed and that 
these places were their domiciles. 

In Boston, men, in order to vote at elections, must be 
listed where they reside the first week of April. If they 
are so listed they have the right to vote from such resi¬ 
dence if qualified and later registered. (See Sec. 14, Chap. 
835, Acts of 1914.) 

All of the witnesses called stated that they were listed 
and registered in Ward 5 where they lived, and nowhere 
else. Now, if these men live there intending that it 
shall be their domicile, they can not be listed elsewhere, 
and without listing they would not be entitled to vote 
elsewhere, and would therefore be disfranchised. 


‘‘Section 69. In Boston there shall be a listing board 
composed of the police commissioner of said city and 
one member of the board of election commis¬ 
sioners 

Section 70. The listing board shall, within the first 
seven week days of April in each year, by itself or 
by police officers subject to the jurisdiction of the 
police commissioner, visit every building in said city, 
and after diligent inquiry make true lists, arranged by 
streets, wards and voting precincts, and containing as 
nearly as the board can ascertain, the name, age, 
occupation and residence on the first day of April 
m the current year, and the residence on the first 
day of April in the preceding year, of every male 
person, twenty years of age or upwards, who is not 
a pauper in a public institution, residing in said city. 
Said board shall designate in such lists all buildings 
used as residences by such male persons, in their 
order on the street where they are located, by 
giving the number or other definite description of 
every such building so that it can be readily identi¬ 
fied, and shall place opposite the number or other 
description of every such building the name, age and 
occupation of every such male person residing therein 
on the first day of April in the current year, and his 

residence on the first day of April in the preceding- 
year * 5i« t' S 

The board shall place in the lists made by it, oppo¬ 
site the name of every such male person or woman 
voter, the name of the inmate, owner or occupant 
of the building, or the name and residence of any 
other person, who gives the information relating to 
such male person or woman voter. * * 

Chap. 835, Listing and Registration of Voters in 
Boston. 

“A strict rule should be applied in the definition 
ot the terms residence’ and ‘domicile’ where the rights 
of property, the law of descent and distribution, or the 
law of the duty of the citizen or the subject to his 


29 


Government are involved. But in regard to suffrage 
the strictness of the rule should not apply in our 
Government.” 

Le Moyne vs. Farwell, 44th Congress. Smith, 415. 

As shown above in the statute, the name of the in¬ 
formant must be given to the police, so that this evidence 
was available to show whether or not these men were 
bona fide residents. 

In order for this committee to decide that there was il¬ 
legal registration so as to invalidate any of contestee’s 
votes it must be shown either that the men charged were 
acting in conjunction with the contestee or his friends in 
fraudulent registration or that the informant or land¬ 
lord were doing same. This was not shown in any case. 

Having failed to properly prove this the contestant, 
over contestee’s objection, read from a prepared list the 
names of persons alleged to be the same persons regis¬ 
tered in Ward 5 and alleged to be residents of other dis¬ 
tricts in other parts of the city, or in Boston suburbs. 

This evidence was gathered by investigators, whose 
names the contestant would not divulge, and which was 
not sworn to. He refused to allow contestee’s counsel to 
examine the reports from which he was reading. 

All of this evidence comes within the objection of 
hearsay evidence cited before, and in Whyte vs. Harris, 
35th Congress, 1 Bart. 257-267, where a like situation 
arose, it is there said that 

“Where the evidence as to the number of illegal or 
intimidated votes consisted of lists made by persons 
hired to canvass the neighborhoods, whose informa¬ 
tion was hearsay, often several times removed, and 
whose lists were not always sworn to by the men 
who made them, the committee was unanimous in 
disregarding the testimony.” 


30 


Therefore, your contestee asks that all this testimony 
by Mr. Tague be excluded. 

Contestant Failed to Avail Himself of Opportunities 
Guaranteed by Laws of Massachusetts. 

We desire to call the attention of the committee to the 
fact that the contestant filed a petition with the election 
commission of Boston for the purpose of removing names 
from the voting list according to statute. Sec. 52 of Chap. 
835 of the Acts of 1913 provides that, 

“If a registered voter complains to the registrars 
or election commissioners, in writing under oath in a 
city fourteen days at least, or in a town four days at 
least, before an election or town meeting, that the 
complainant has reason to believe and does believe 
that a certain person by him therein named has been 
Illegally or incorrectly registered, and setting forth 
the reasons for such belief, the registrars or election 
commissioners shall examine into such complaint and 
if satisfied that there is sufficient ground therefor ’they 
shall summon the person complained of to appear be¬ 
fore them at a certain place and time before the next 
election or town meeting to answer to the matters 
set forth in the complaint, and the substance of the 
complaint and a copy of this and the following sec¬ 
tion shall be set forth in the summons * * ^ ” 

Although this petition was filed and the election board 
was ready to give a hearing and so notified contestant and 
IS counsel, contestant failed to appear and produce any 
evidence (see testimony of Commissioners Burlen and 
Wasserman), although under this statute, Sec. 53 it is 
provided, ’ ' ’ 


31 


“That if a person complained of as an illegal voter 
does not appear when summoned, the complainant 
shall produce sufficient testimony to make out a 
prima facie case, and if this is done the name of the 
person complained of shall be stricken from the 
register.’' 

Following is the entry in the record book of the election 
commission (contestee’s Ex. 15). 

“In Board Nov. 4, 1918. 

All Present. 

Complaint of Peter F. Tague against two hundred 
and three (203) registered voters of the city of Boston 
was filed with the Election Commissioners on Oc¬ 
tober 22, 1918, at 4.55 p.m. in accordance with Sec. 
52 of Chap. 835 of the Acts of 1913. 

The Board, under date of October 24, 1918, noti¬ 
fied Hon. Peter F. Tague and his counsel, Hon. Joseph 
F. O’Connell, by letter, a copy of which may be found 
in office copy book at page 423, that they had set 
2.30 p.m., October 24, 1918, to examine into such 
complaints, and received reply from Mr. O’Connell 
on October 24, 1918, that it would be impossible for 
him to appear—see his letter on file. 

The Board further notified Mr. Tague and Mr. 
O’Connell verbally twice that it was ready to hear 
them on their complaint, and up to this date they have 
failed to appear. The Board therefore has examined 
into the complaint as requird under the provisions 
of Sec. 52 of said Chap. 835 and have 

Voted that no summons be issued in accordance 
with entry on the docket. 

The Board found that the persons complained of 
were either on the voting list of 1917 and carried to 
the 1918 list by the return of the Listing Board which 
showed them to be April 1st residents, or they ap¬ 
peared before the Board and were supplementary 
listed and registered according to law.” 


32 


While it is conceded that Congress has the right to 
consider this evidence, it should give great weight to con¬ 
testant s failure to take advantage of the laws of the 
Commonwealth of Massachusettes relative thereto. In 
a court of law his failure to take advantage of the means 
provided by statute would be a bar to any further pro¬ 
ceeding. 

The contestant had other remedies provided by the 
laws of Massachusetts, which would have permitted him to 
have had all matters pertaining to the election completely 
investigated and decided. (See Laws of Massachusetts, 
Acts of 1913, Chap. 835.) If not satisfied with recount of 
Election Commission he could have had another recount 
before the Governor and his Council. 

By a writ of mandamus, the whole case could have been 
brought before the Supreme Court of Masachusetts and 
every question in dispute decided. Contestant had also 
the opportunity for the most searching investigation by 
inquest on all issues. Contestee concedes the right to pass 
over all these tribunals, but had the contestant submitted 
evidence of alleged fraud, intimidation and illegal regis¬ 
tration before these several tribunals at the proper time, 
there would now be before the committee clear and dis¬ 
tinct issues, and not the vague, uncertain, and confused 
issues as at present. Also there would be decisions that 
would be of invaluable assistance to a Congressional Com- 
mittee. 


Concluding Argument. 

In conclusion the contestee submits that the whole case 
of the contestant rests on allegations and assertions, with 
no substantial proof; and that he has made many misrepre¬ 
sentations of fact and statements unjustified by the testi¬ 
mony submitted to this committee. 


33 


As the case stands the contestee has a plurality of 238 
votes. The recount of the Boston Election Commission 
should be sustained because there has been presented no 
competent evidence to overturn the presumptidn that 
their final count was correct. 

Of this same Election Board, a Congressional Com¬ 
mittee said, 

“It must be borne in mind that the certificate of 
election is not based on the first return of the election 
inspectors, but is based on the unanimous finding of 
bi-partisan recount boards whose character and ex¬ 
perience warrant the assumption that they were well 
qualified for the duties of their positions, and that 
their experience and familiarity in the counting of 
ballots justifies the belief that they are specially well 
qualified to make a correct count of the ballots. Cer¬ 
tainly their return should stand until invalidated by 
proof.” 

Galvin vs. O'Connell, 61st Congress. Moore’s Dig. 
page 40. 

In all the evidence before this committee there is only 
one case of illegal registration proven. In this instance, 
however, there is no evidence for whom he voted. There 
are twelve challenged votes without competent evidence 
to support the challenges, and twelve ballots where as¬ 
sistance was properly and lawfully given by election of¬ 
ficials. There is absolutely no evidence in the record to 
show how these votes were cast, and further, the com¬ 
mittee cannot assume that these votes were cast for the 
contestee. 

There has not been shown any such coercion or intimi¬ 
dation or illegal voting at any precinct to warrant the re¬ 
jection of the votes of that precinct. There is not the 
slightest evidence of the intimidation of any legal voter. 


34 


If the committee believes that the contestant has shown 
any cases of illegal registration, it must further be proved 
that these illegal votes were cast for the contestee, or that 
the contestee was responsible for this illegal registration 
and voting. 

We submit that there is no evidence that contestee was 
responsible for any illegal registration, or that he benefited 
from such if any existed; that the whole evidence is vague 
and indefinite, in most cases hearsay, and not the kind 
of evidence that would be considered by any court of law, 
or has heretofore been considered by any Congressional 
Committee. 

The contestee should be sustained by this committee, 
because the contestant has not sustained the burden of 
proof which was imposed upon him to satisfy it that there 
was fraud, error or wrongdoing in the primary, election, 
count, or recount. 

Respectfully submitted, 

John P. Feeney, 

Timothy F. Callahan, 
Vincent Brogna, 

Attorneys for Contestee, 


'i 


CONTESTED-ELECTION CASE OF TAGUE v. FITZGERALD 


HEARINGS 

tiiM 

;COMMITTEE ON ELECTIONS NO. 2 

HOUSE OF KEPRESENTATIVES 

SIXTY-SIXTH CONGRESS 
FIRST SESSION 

ON THE 

CONTESTED-ELECTION CASE OF 

PETER F. TAGUE v. JOHN F. FITZGERALD 


FROM THE TENTH DISTRICT OF THE STATE OF MASSACHUSETTS 


FRIDAY, AUGUST 29, 1919 


I ^ > 


WASHINGTON 

GOVERNMENT PRINTING OFFICE 
11)19 


















CONTESTED ELECTION CASE OF PETER F. TAGUE v. JOHN F. 
FITZGERALD (TENTH MASSACHUSETTS DISTRICT). 


Committee on Elections Xo. 2, 

House of KEPRESENTATrsTS, 

Friday^ August 29, 1919. 

The committee met at 10.25 oTlock a. m., Hon. Louis B. Goodall 
(chairman) presiding. 

Present: Messi-s. Lehlbach, Elston, Phodes, Overstreet, and Mc- 
Glennon. 

The Chairman. Mr. O Connell, attorney for Mr. Tagiie, has one 
hour for his opening statement, and we will hear him now. 

STATEMENT OF :MII. JOSEPH F. O'CONNELL, ATTORNEY FOR 
CONTESTANT. 

Mr. J. F. O'Connell. Mr. Chairman and gentlemen of the com¬ 
mittee, the contestant in this case, Mr. Peter F. Tague. a former Mem¬ 
ber of Congress, asks you to find that he was the duly elected Mem¬ 
ber to sit in this Congress from the tenth Massachusetts district. He 
maintains that he was the duly nominated candidate at the Demo¬ 
cratic primaries in September of last year and was deprived of the 
Democratic nomination by gross fraud, irregularities, and injustice, 
which we shall point out to you more at length; and that at the elec¬ 
tion. where a political phenomena took place, he actually was elected 
and should be seated. It is well, probably, that I should go over the 
salient facts of the case as set forth in our brief in the statement of 
the case. 

Mr. Lehlbach. May I ask a question right there ? 

Mr. J. F. O'Connell. Yes, sir. 

Mr. Lehlbach. Is it the contention of the contestant, assuming 
that he was rightfully entitled to be the party nominee in the primary 
contest, that as a result of such nomination he would have been elected 
in the general election ? 

Mr. J. F. O'Connell. Absolutely. 

Mr. Lehlbach. I want to get that on the record. 

Mr. J. F. O'Connell, Our contention on that point is based on the 
decision in the case of Grace v. TMialey, showing the right of the 
committee to take up that feature of the case, and it is set forth on 
page 19 of our brief, the reference being Grace r. Mlialey. Sixty-third 
Congress, Moore's Digest, page 11. In order to emphasize our right 
in that connection, gentlemen. I will call your attention to the fact 
that the tenth Massachusetts district is an overwhelmingly Demo¬ 
cratic district; whoever would have the Democratic nomination 
would certainly win, as was demonstrated in this case, because there 

3 




4 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


was a Eepublican candidate running on the ticket, and in sjoite of 
the fact that Mr. Fitzgerald was designated as the regular Demo¬ 
cratic nominee and Mr. Tague had to run on stickers, both of them 
got more then seven times as many votes as the Eepublican candi¬ 
date, so that it is clear that whoever had the Democratic nomination 
would unquestionably win unless some great fraud had been per¬ 
petrated, as was the case here. 

Here we have a tremendous fraud, which awakened the people of 
the district and permitted a situation to arise which discloses, as I 
said, a political phenomenon, wdiere a man could in four days have 
stickers printed and distributed in a metropolitan district, where an 
intricate election law had to be complied with, and where, as a mat¬ 
ter of fact, more stickers were placed correctly on the ballots and 
designated for Mr. Tague than there were ballots cast for the regu¬ 
lar nominee, Mr. Fitzgerald, sowing the depth of feeling that existed 
in the district against the tremendous fraud that had been per¬ 
petrated at the primary. 

Now, in order to give you some idea of what the situation was in 
fjqston last year, I am going to ask you to bear with me for a few 
minutes so that I may describe the district. Mr. Fitzgerald, the 
piesent incumbent, had lived in this district many years ago, but on 
account of its cosmopolitan character had moved out into the selecter 
circles of Dorchester, and from that select atmosphere he had been 
twice elected mayor of Boston, and for some reason or other got the 
idea, through the political boss of the district, that he should be the 
candidate in this district for Congress. 

We will show you that this district is one of the very few political 
boss-ridden districts in this country. The day of the political boss 
OA ^A^^ known in some of the great cities of the country in the last 
60 or 40 years, has gradually passed, but in Boston, a little sloAver to 
responcl to soine of the political reforms, we have some of the old 
evils left. We have a district where one man, Mr. Martin M. Lomas¬ 
ney, is the complete autocratic boss. The character of his comolete 
domination of the district is found in his testimony, wherein he savs 
in one of the pages of his testimony, ‘‘I looked the district over ancl 
I chose Mr. Fitzgerald, and I got Mr. Fitzgerald to run and Mr. 
end^^^^^^^ That is the whole story from the beginning to the 

de^e ^ interrupt, but that is not the evi- 

Mr. J. F. O’Connell. I have it here and I Avill give it to the com 
mittee right away ; that is the best way. On page 441 Mr. Lomasney 
said, after describing how he had eliminated Mr. Tague and decided 
that he would not ha^m Mr. Tague run: 

I talked with John F. Fitzgerald that I laid down on Tague and he fimllv 
accepted the proposition to run. ^ ’ nnally 

Mr. Brogna.^ That is not what was said. 
fi T. O Connell I think I have conveyed to the committee 
exactly what it was, and this committee is not going to be influenced 
by any misstatement of the testimony by me or by you. I hope you 
will not do it and I certainly will not try to do it. ^ 

This district is composed in ward 5 of a very congested population. 
There are a great number of cheap bar rooms, dives, bawi^houses, 


CONTESTED-ELECTIOI^ CASE OF TAGUE V. FITZGEEALD. 5 


^®s>gnated as such simply to cover the excise license laws 
or ±5oston. in these houses men were housed, ostensibly in order that 
they might vote. The testimony of the character of these hotels 
fi testimony of Mr. Tagiie, wherein it is shown 

la e War Department and the Navy Department during the war 
made most of these places territory into which men and officers could 
not go on account of the immorality which prevailed there. A no¬ 
torious one, the Revere House, of Boston, has been found to be a 
public bawdyhouse and has been restrained and ordered closed, and 
stands as a monument to the manner and kind of houses in the dis¬ 
trict. 

Mr. Lehlbach. Is the North Station in that district? 

Mr. J. F. O’Connell. The North Station is in that district. 

Mr. Borgna. And the South Station, too. 

O’Connell. You called attention to the North Station, 
Mr. hehlbach, and I want to call your attention to a little building 
opposite North Station. You have probably noticed 

P Maine train. It is 

called familiarly in Boston the “ Louse House.” 

The Chairman. It is rather suggestive. 

Mr. J. F. O’Connell. It is referred to in the testimony of Mr. 
Peak, who described it on page 404. The number of the so-called 

Louse House ” is No. 19 Causeway Street. There is a photograph 
of it among the exhibits, and I am going to call your particular at¬ 
tention to this house as a sample of what prevails in the district. 
Exhibit No. 59 shows the third floor of No. 19 Causeway Street. 
Exhibit No. 60 is a photograph of the entrance. Exhibit No. 61 is a 
photograph showing the office and the dormitory. This is the house 
at which thirty-odd men voted. There was a single room, not any 
larger than this small committee room, and into that small room 
there are supposed to live thirty-odd men that our records show 
voted at the Democratic primary and at the Democratic election in 
that particular precinct. 

Mr. Brogna. lYe do not assent to the size of the room. 


Mr. J. F. O’Connell. The room is described in Mr. Peak’s testi¬ 
mony, and some of the committee have seen the description of the 
room. It is on pages 401 and 402 in the testimony of Mr. Peak. The 
Hotel Lucerne, Merrill House, Piscopo’s Place, Quincy House, Craw¬ 
ford House, are all places ^iven as the residence of men so that they 
might vote. The district is composed of a great number of liquor 
saloons, and according to the excise laws of Massachusetts, in order 
to get a license in Boston a man must be a resident of Boston. In 
order to evade or get around that law, men who lived in Brookline, 
Newton, Summerville, Dorchester, Chelsea, and in other parts ol 
Boston had somebody give their names in from these particular 
hotels. We show the illegal registration of liquor dealers and bar¬ 
tenders on pages 282, 271, 272, 203, 358, 165 and I give you the whole 
list of names. 

Mr. Elston. You do not contend that those illegal residences were 
for any other purpose than to evade the excise law, and not for the 
purpose of voting in this election; or do you carry it that far? 

Mr. J. F. O’Connell. Yes, sir. 

Mr. Elston. There are two purposes for these illegal residences, 
then? 


6 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Mr. J. F. O’Connell. Yes, sir; and in order to win the good will of 
the boss of the ward those men naturally voted according to the dic¬ 
tates of the organization. 

Mr. Beogna. There is no evidence of that. 

Mr. J. F. O’Connell. I beg your pardon; it is all there. The ward 
is under the domination of Martin M. Lomasney, who runs the Hen¬ 
dricks Club, who Avas summoned to the hearing, and A\dien he came 
he presented an attitude of extreme contempt for this committee, for 
the national laws, and for our people. We had a hearing in the 
United states court room in Boston, and this boss, Avith all the bru¬ 
tality of a boss, came into that court room, forgetting all the dignity 
or this great Government, took off his coat, and Avearing a gray 
SAveater, for three days abused and maligned eA^eryone that his tongue 
could call to mind. He accused Mr. Mann in this House of having 
ost the speakership because of an incident in reference to steaks 
(p. ) 1 hat IS on pages 457, 417, 459. He abused and disregarded 

the rights of everybody, insulting everybody. He has the district 
completely under his domination, and these liquor dealers, these bar¬ 
tenders, to the number of several hundred, do whatever this man 
asks. Above and beyond that, Ave have this feature- 

Mr. Brogna (interposing). I would like to have vou show that in 
tne evidence. 


Mr. J. F. O’Connell. I have the evidence of it. I call vour atten¬ 
tion to It on the pages enumerated. A number of citv emplovees who 
live in other parts of Boston and elsewhere out of Boston also vote 
there and are members of this Hendricks Club which runs the ward 
It IS the political organization. To give you a fuller idea of how 
sweeping is the control of this man, he nominates and appoints the 
election officials not only for the Democratic Party but for the Bepub- 
lican Party, so that all the election machinery in this Avard is in the 
Hands ot this one man through his appointment of the Bepublican 
and Democratic members. 

Mr. Overstreet. Is that in the record ? 

Mr. J. F. O’Connell. That is in the record. 

Mr. Brogna. I Avould like to haA^e you call attention to AAdiere it is 
in the record. 

Mr. J. F. O’Connell. All right. 

Mr. Overstreet. I did not mean to detain you to_ 

Mr. Brogna. I might say that it may be ii/the record, but it is not 
evidence; it is a statement of Mr. O’Connell. 

M^alHa^t ^ statement from the secretary to Gov. 

Mr. Elston. We will all read the testimony, Mr. O’Connell - but 
you have consumed nearly a half hour of your time and we want to 
get down to the real issue. 

Mr. pTzoEEALD. A^es; get down to the real issue; that is it. 

Mr. J F. O Connell. These interruptions are the bane of the argu¬ 
ment, ot course, but I know they are necessary. Now I have been 
giving you an idea of what the ward is and Mr. Lomasney’s control 
of the whole machinery. When Mr. Tague asked for additional in- 

M T =‘PPe’>Jed to the governor, the governor’s secretary sent 
Mr^T whom he should appoint, and when 

Mr. Tague protested against that the governor’s office was too busy 




CONTESTED-ELECTION CASE OF TAGUE V, FITZGERALD. T 

to go further, so that not only did he have his regular machinery, but 
he had an additional machinery that was appointed, making it abso¬ 
lutely impossible for Mr. Tague to get any kind of a chance in the 
ward. 

Now, the primary election took place under those conditions. Mr, 
Tague carried the district by a vote of 4,555 to 3,202 outside of that 
ward—you will find that on page 2 of our brief—but in ward 5 the 
vote was: Tague, 417; Fitzgerald, 1,820; indicating in figures the ex¬ 
tent of the boss-ridden Avard. Mr. Tague asked for a recount. It 
was unofficially reported that Mr. Tague had lost by 100 or more 
votes. There Avas a so-called recount before the election commission¬ 
ers of the city of Boston. It aa as one of the most outrageous proceed¬ 
ings that ever took place before a supposedly impartial board. It was 
a board supposed to be composed of tAvo Democrats and two Bepubli- 
cans. As a matter of fact, Mr. Lomasney Avas the man Avho suggested 
the appointment of the man Finigan and of Wasserman, the Republi¬ 
can member, and he had controlled both of the Democratic members 
before that. lYe will shoAV you that during the hearing of the testi¬ 
mony one of the commissioners, Mr. Murphy, whenever a disputed 
question came up, would leave the room and walk out and consult 
Mr. Lomasney or his brother or Mr. John R. Fitzgerald, and then 
come back and decide what they told him to decide; that Avhen Mr, 
Finigan, the other commissioner, Avas appealed to because of an ap¬ 
parent error that was made, and was told, “Mr. Finigan, you are 
Avrong,” he said, “ I knoAV I am Avrong; I am glad I am wrong, and I 
Avill stay wrong.” 

Then, I call you attention to the testimony of Mr. Finigan. Time- 
after time the hearing Avas postponed and delayed. We could not 
get to the courts; we could not get our rights. We Avanted to know 
Avhat protection Avas made for the ballots. Fifty ballots Avere miss¬ 
ing. A search Ava's made and they could not be found. We asked 
where they were, and we were- tokl, “ lYe won’t tell you where they 
are,” with the supposition that no man could go to the A^aults except 
tAvo men, one Republican and one Democrat. Yet later on at the 
hearing I saw Finigan leaA^e the room, and aa hen he came back I said, 
“ Where AA^ere you, Mr. Finigan? ” He said “ I was at the vaults.’^ 
“ lYhere did you get the ballots ? ” “ In the vaults.” “ Hoav did you 
get them ? ” “I went there.” “ Who went there with you ? ” And 
then he stopped. He saw that I had him. This is all in the evidence. 
Those 50 ballots Avent. Nobody knoAvs how they went or how they 
came back. They were found there later by the ballot-hxAV commis¬ 
sion. What is the inference? Here is a man Avho says, “I knoAv I 
am wrong; I am glad I am wrong, and I will stay Avrong.” He is" 
tlie man avIio had access to the vault, and he goes there. 

The Republican commissioner is examined later on and asked, 
“Were you at the A^ault this afternoon?” “No; this morning.” 
“When this morning?” “At 9 o’clock, when I threw back the lever.”’ 
ConclusiA^ely proving that anybody could go there that wanted to go 
there. These are the men who tell you that their report is an impar¬ 
tial report, and my brother tells you that this is an impartial boards 
whose report sliould be received by this great body. 

Now, we shoAV you the record that they kept the return up until 
the last minute, preAgenting us from exercising our rights; Ave shoAV 


8 


CONTESTED-ELECTION CASE OF TAGUE V, FITZGEEALD. 


in the record tliat we did not get fair treatment from them; that 
we asked them according to our law to summon twenty-odd wit¬ 
nesses, and they forgot to summon them, for what reason we are not 
o a. \\ e asked them to continue the liearing to get the 20 witnesses, 
and they said ‘ No.” We gave them the money, under our law, to 
summon them, and they would not summon them. On the last day 
when public opinion was running so high that men would not come 
in, tliey were told, Unless these witnesses arc produced we will find 
adversely to theni, and the following day or two days later in walks 
Ml. Lomasney at the head of 45 witnesses, with powers of attorney 
from each and every one of them to be their representative. Then 
that committee, instead of allowing me to cross-examine them to find 

^ n ^ represented themselves to be, 

said, We won t allow you to cross-examine.” Is it a fair tribunal 
that in a close case forbids cross-examination of 45 witnesses* 

T^l ® The witness cailed is 

« vV 1 a” «V**"'?, *1^®. questions and answers run; “Are you John 
Smith?” “les.” _ “Are you the John Smith that lives at Na 19 
Causeway Street ■ 1 es. “Are you the John Smith that voted at 

the pnmary? les. Are you 45 years old ? ” “Yes.” “All 
light. Then I would say: “Mr. Chairman, I would like to cross- 

J(din%miti?°T i'to fiwd out whether that 

IS Jolin Smith. I lyant to find out whether he has got his registration 

Tfved’ Tt tim d^t registration in June, where he 

lived at the date of the primary election in September.” “ Well you 

wn not do It.” Is any finding of that board right, that will not Mve 
me an opportunity to cross-examine those men? That is all in^our 
■e udence. It is all admitted by the chairman of the commission under 
examination by me later on. It is found in the testimony of Mr 
Goodwin, Mr. Harrington, Mr. Tague. During that hearing assaults 
took place when our witnesses came to the statehouse. Onf of them 
was knocked up against a wall and bis teeth were knocked into h“ 
face, and he came into the hearing room bleeding and showing evi¬ 
dence of the assault, but the commission took no notice of it. l| that 

finrCrliTa“tT*“^^ 

n-f “'^ke matters worse, they kept that hearing until the • 29 th 

of October; we finished our arguments on the 25th, and they held the 

dSn ”^To whom * ‘^To T'' ®®"‘ 

uecision. lo whom ^ To the public press. Four clays before elec. 

tion; four civil days before election; four days in wbicb this case 

could be ti’ied; and we immediately inquired aiid found that by some 

arrangement between that board,,and%e State prirnm he ^iXr 

ballots were printed a week before that and were ready for dktH ^ 

tion four clays before the election. In other words! ik coiSn 

bi w. ‘he State pri’nte! to print he 

ballots, as t^y were going to find and withhold their decision until 
five days later in order to prevent Mr. Tague from makh“s cTm 
paign or going to the court. Now, you miffht snv “ iri ^ 

y hen the ballot machinery is in operation. There was no chancp In 
fn top h u°s Sunday was 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEEALD. 9 

Xow, we come down to election day. On election day Mr. Tague 
had to run on stickers. I have some of them here. 

Mr. Overstreet. Mr. O’Connell, the name could have been written 
on the ticket, mid it was written on in a number of instances? 

V j ^ ^ ^ great number of instances it was. 

Mr. Overstreet. Then, what was the purpose of having stickers 
it the name could be written on the ticket? 

Mr. J. F. O’Connell. It was a metropolitan district. I do not 
know that there was any reason for it, except that was the best way 
to do it. 

Mr. Overstreet. Inasmuch as the name was not printed on the 
ticket, you liad to do something? 

Mr. J. F. O Connell. That is an old American way of doing. 

Mr. Overstreet. It is neiv to me. I never hearcf of it until this 
case came up. 

Mr. J. F. O Connell. It is done in a great number of States. Now, 
I am going to ask you gentlemen to carefully note the type and the 
manner in which that sticker is made and the manner in which it is 
gummed. You will notice that on the back it is gummed. It is well 
gummed. It is well printed. It was very evident that public feeling 
was running very strong. Men were asking for stickers. Men were 
saying that they were going in to stop this fraud, to see that Boston 
would be saved. They were going in to do the right thing, and it was 
very apparent that Mr. Fitzgerald was going to be defeated on 
stickers alone. In the last days things had gotten to such fever heat 
on account of the wrong that had been done. Then the basest infamy 
that has ever been noted in the political annals of this country was 
perpetrated at the polls by Mr. Fitzgerald’s representatives and man¬ 
agers. I ask you to look at this sticker [indicating]. You will notice 
that it has the same reading, but there is no gum on the back of it. 
Men would come to the polls asking for stickers, and Mr. Fitzgerald’s 
friends, when they found that the men were asking for stickers, 
would hand them that. 

Mr. Brogna. Now, I would like to have the evidence- 

Mr. J. F. O’Connell (interposing). I call your attention to the 
testimony of Mr. Mahoney, to the testimony of Mr. O’Neil, to the 
testimony of Mr. Murray, to the testimony of Mr. O’Brien, aM to 
the testimony of the police officer, ITnderhill. I will give you the 
exact pages on that because naturally you may want to refer to it. 

Mr. Elston. Are those referred to in the brief? 

Mr. J. F. O’Connell. Yes, sir. 

Mr. Elston. I do not think you need go into that now, if it is 
referred to in the brief. 

Mr. Overstreet. I would like to ask about this second sticker. 
Does the evidence in the record show that these pseudo stickers were 
handed out by Mr. Fitzgerald’s representatives? 

Mr. J. F. O’Connell. Yes, sir; I have shown that fact, and that 
is a point I am glad you mention. We showed in the testimonv that 
they were handed out by Mr. Hearn, Mr. Fitzgerald’s representative 
in the legislature, Mr. Fitzgerald’s representative in ward 2. Mr. 
Fitzgerald’s manager in ward 2 was Mr. AYilliam Hearn. Mr. AAdl- 
liam Hearn is the man who admitted that he was doing it, and in 
the testimony you will see on page 212 where he said- 



10 CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Mr. Lehlbach (interposing), liou can give ns a reference to the 
record. 

Mr. Overstreet. Why could you not give us a memorandum with 
references to t]ie record to save time? 

Mr. J. F. O’Connell. I have it here ready. Mr. Hearn said ‘‘I 
did that. Whenever a man asked for a Tague sticker we handed 
Mm one of these.” What was^ the result? The man moistened it. 
He put it on. When the moisture was dried up they separated. 
Now, you know how they count ballots. 

They take them up in blocks of 50, and thev are counted first for 
one ofhce and then for another. Then they are rearranged and folded 
and they go through many arrangements. Now, when the ballot 
is simply moistened no mark is left on it. However, in ward 2 and 
ward 1 where this thing prevailed particularly, there are any num¬ 
ber of ballots showing that the cross had been put at a place below 
the regular candidates for Congress and in the designation and in 
the place where the sticker Avas usually put, indicating that many 
hundred voters had been grossly deceived by this basest of political 
infamy. ^ 


Mr. Elston. The laAv is that in addition to the sticker a cross 
should be put on the ballot? 

Mr. J. F. O'Connell. Yes, sir. 

The C HAiRMAN. I would like to ask if aiiA" of those loose stickers 
were found in the ballot boxes? 

Mr. J F. O’Connell. We did not find them until one or two days 
later, when we got these stickers. We had no access to the ballot 
boxes: they Avere in the jiossession of Mr. Fitzgerald’s and Mr 
J^omasney’s friends. 

Mr. Elstoxl I thought they Avould naturally be on the floor. 

O’Connell. It is in Mr. Mahoney’s testimony and in 
Mr.^ Tague’s testimony. 

The Chairaian. I did not knoAv but Avhat they might have re¬ 
mained in the ballots. 

Mr. Lehlbach. I notice the first sticker has a box for the cross 
mark. 1 should think the box would be printed on the ballot and 
that would be superfluous. If it was marked on the sticker and the 
sticker came off, there would be no cross on the ballot, but if the box 
Aras on the ballot and the sticker came off the cross would be opposite 
the vacant space. 

Mr. J. F. O’Connell. There were some picked up. I call your 
attention to the testimony of Mahoney on page 122 and the testimony 
of Underhill on page 121. ^ 

1 e.xemplification that was gotten out 

by Mr. I ague? ^ 

Y’ to that in the 

last two or three days to educate the district. 

Mr. Lehlbach. It is not official ? 

Mr. J F O’Connell. No, sir. These men would take the so-called 
pseudosticker or false sticker and make a mark in the box on the 
ballot. There are 200 or more ballots shoAving some indication of a 

f-uf O"® of the meanest, one 

of the most contemptible, one of the most despicable practices that 
AA as eA er engaged in by any man. 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 11 


Mr. Elston. Were there any otlier candidates for that office who 
used stickers ? 

Mr. J. F. O’Connell. No, sir. 

Mr. Elston. Were the names of any other candidates written in? 

INlr. J. F. O’Connell. No, sir. 

Mr. Elston. At the election only Mr. Fitzgerald and Mr. Tague 
were candidates? 

Mr. el. F. O’Connell. There was another Democrat, Mr. Fletcher, 
running under a Republican designation. 

Mr. Elston. He had his name printed on the ballot? 

Mr. J. F. O’Connell. Yes, sir. 

Mr. Elston. So that you are assuming that the ballots with a cross 
but no sticker were for Tague because there Avas no other candidate 
before the public who could presumably have inserted his name by 
sticker, inasmuch as Mr. Tague was the only man who Avas voted for 
in that way? 

IVIr. J. F. O’Connell. Absolutely. 

Mr. Elston. And inasmuch as the cross was put there, you say that 
Mr. Tague Avas entitled to the benefit of the cross? 

Mr. J. F. O’Connell. Yes, sir. 

Mr. Lehlbach. The point that I am making is that the sticker 
includes in its make-up the box in Avhich the cross goes, and there¬ 
fore if the sticker fell off there would not necessarily be anything 
on the ballot to shoAv, because the cross falls off Avith the sticker? 

Mr. J. F. O’Connell. Yes, sir. 

Mr. Lehlbach. In other Avords, a man might have put a cross on 
the sticker ? 

Mr. J. F. O’Connell. Yes; but the stickers that came off did not 
liaA^e the box on them. That is Avhere the finesse of this infamy took 
place. There is the ballot, there is the ungummed sticker, the man 
puts his cross on the ballot, the sticker comes off', and the thing is 
all done. 

Mr. Elston. As a matter of fact, in the opening of the ballots 
was it shown that they did put the cross in the box on the sticker 
and not on the ballot itself? 

Mr. J. F. O’Connell. Yes; on the gummed stickers. 

Mr. Elston. I can see Avhere they would naturally put thereross 
after the phony sticker, because there is no box on the phony sticker. 

Mr. Brogna. I beg your pardon. There is a box on the ballot. 

Mr. Elston. I understand that, but there is no box on the sticker, 
except on the pasted stickers. 

Mr. J. F. O’Connell. Here is one of the pasted stickers: 


PETER F. TAGUE, of Boston 


(For Congressman 10th District) 


Mr. Lehlbach. Will you refer us to the testimony that shoAvs the 
cross appeared opposite the blank space, and the number of such 
crosses ? 

Mr. J. F. O’Connell. Yes, sir; I haA^e that all here, and I will b® 
very glad indeed to furnish all this to you. 







12 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


IVIr. Brogna. I Will object to that, because that is not in evidence, 
e las a page there tliat lie is going to submit, that is not evidence. 
Mr. Behlrac'h. I assume it will refer us to the evidence. 

Ir Brogna. I should think he could call attention to it imme¬ 
diately. 

f ^ ^ certainly can. The testimony in reference 

to that IS found, if that is what you would like to have now_ 

(interposing). You can make a memorandum later. 
Mr. J. F. O Connell. I will furnish that later. 

AT ’ T essence of the case, 

n ^ "!• ^ ^ Now, let us come down to the conduct of 

the election in ward 5. IVe show you that there the election was con¬ 
ducted under the auspices of Mr. Lomasney. MY show you that Mr. 
(xlynn, a cripple on crutches, was forced out of the wardroom. \Ye 
sliow you that Mr. Halpcrn wa.s assaulted, and Mr. Laboskv, and m 

MpTir r7 '?r in t'le testimony of Mr. Gibbons, 

lat McNulty did not live m that ward; he lived in the Kevere and 

W 7 ^nd a man can not become a mem- 

1 1 n'f Elks unless he lives in the district or town where 

^ becomes a member He was one of Lomasney’s lieutenants in 
waid 5. A man would show up and Mr. McNulty would say. “You 

ballnt^-f ■"’ould take the man and go inside and mark his 

hvit/?!' “r'V Y °*nallenged 12 of these men because they did not 
Ii^e in the district, and then they saw that if that thing continued 
we would frustrate them and prevent a crime. Then they assaulted 

out, and they assaulted the other mem- 
beis and drove them out, so that Mr. Tague had no watcher there and 
they were able to go through that process and no notes were inade 

has said repeatedly that where infamy and coercion 
of that kind takes place, it is up to the defendant to con e uriiei” 
and e.xpla.n it. It is up to Mr. Fitzgerald to tell this cmumittee 
aud°w ^ evidence, why he permitted such practices in this ward’ 
bn^l ef defense has ever been brought in. Forty days he 

had to testify and e.xplain away all these various charges ot assault 
of intimidation, of coercion, of irregularities, of illegal reo-i.stration 
win ' voting, and 40 days he remained silent and not a word 
will you find in tlie testiniony of any defense against the charo-es that 
ueyimg in here in the foriu of evidence by the parties who testified 

fc Uml ‘ Tl' tl'ft primary, during that election, we have this 

Ic atuie. The war was then on. We show that at lenst irvomiL 
sitii.ations were proven, where the names of bovs who were at the 

s^fairiiL ®n frr-' Thev were 

rnent n/Af ^ bairman that the names of two bovs of the Ninth' Reo-i- 

orhuiiS^^ 




CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 13 


brought the people, tliey could have brought everything if our 
charges were incorrect or false, but not one word of denial or con¬ 
tradiction in defense of these vicious practices with which they are 
charged, and of which they stand convicted, in the absence of denial 
Or explanation. 

Mr. Overstreet. Does the record show that although they were 
voted on they voted for Mr. Fitzgerald; does it show that? 

Mr. O’Connell. Under the laws of Massachusetts we can not show 
how a man voted. Under the Australian system that is well laid 
down, and I refer you to the case of Shepard versus Sears, I think 
it is. I will call your attention to the report of contested election 
cases of the Senate and House of Eepresentatives of the Common¬ 
wealth of Massachusetts, public document No. 37, at the top of page 
64, the fourth ruling, which holds that under our present system 
of voting—the Australian ballot act—no outside evidence is admis¬ 
sible to show for whom an unchallenged voter cast his vote. 

Mr. Callahan. It can be done by the ballot if it is challenged. 

Mr. O’Connell. I will take that right up in answer to that. You 
fought viciously and vigorously, with all your ability, to prevent us 
from seeing a single challenged ballot, and the record shows that 
we have not been able to see a single challenged ballot, and it was 
an unchallenged ballot, because they were voting on the name of a 
soldier, a dead man, and nobody knew it until after the dastardly 
deed was committed. 

Another instance of how close it came home. The treasurer of the 
Hendricks Club is James M. Graham; the president of the Hendricks 
Club is James E. Freeh They both participated in the election as 
ward lieutenants. The son of James M. Graham was in the Navy; 
the son of James E. Freel was in France, also in the Navy. The 
names of both of those boys were voted on. Does not that bring it 
pretty close to the ward organization in charge of the ward, when 
the president of the Hendricks Club has the name of his son voted on 
and the treasurer of the Hendricks Club has the name of his son voted 
on, although both of them were in France, and although both^f 
those men, Freel and Graham, were summoned to appear before the 
commission and tell about it, and although both of them were work¬ 
ing in the city hall, as near as the Capitol is to this office, neither of 
them showed up and neither of them responded ? 

Mr. McGlennon. Were Freel and Graham lieutenants for Tague 
or Fitzgerald? 

Mr. O’Connell. For Fitzgerald. They are members of the Hen¬ 
dricks Club, and the Hendricks Club is an organization that had 
charge of all the election machinery. 

Mr. Elston. I would like to have you state exactly what effect 
those ballots would bear on the election. Just get down to the crux 
of the. proposition—as to how much this matter bears on the result 
and how much these direct irregularities would affect the result if 
passed on by the committee. I would like to get down to just where 
this thing centers. 

The Chairman. I would suggest that inasmuch as Mr. O’Connell 
has been interrupted quite a lot, that we give him a few minutes 
more. • 

Mr. Lehlbach. Yes, because there may be some questions we 
might want to ask. 


14 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Mr. Fitzgerald. Anything is agreeable to this side that is accept¬ 
able to this committee. 

Mr. O’Connell. Here is a case which is very important to you as 
giving you an idea as to the honesty and the worth and the value 
ot the contest that is being fought here. We summoned to the Fed¬ 
eral building, when this committee was carried on under the pre¬ 
cepts and mandates of Congress, about 500 witnesses to prove illegal 
legistiation and irregularities in that election. How many of them 
answered the precept which was your precept, gentlemen? Under 
the law laid down here it is provided how we shall get the evidence 
for you. We are told that the summons must be issued bv a notary, 
that it must be served on the man, and a certain number of these 
testified and gave their depositions; but of 400 or 
500 odd names, less than 50 showed up, and they live in Boston, and 
they were served by the deputy United States marshals, and they 
heard and read about it in the Boston papers, that had put aside 
even the war and the armistice and all the great questions, had 
crowded them off the front pages in favor of this case. It was the 
one notorious thing and they knew it was going on, and the returns 
ot the marshal showed that they served the writs, and they served 
the summonses, and these men refused to come in, city employees 
and clerks of court, men of standing in the community, so-called 
men who were the associates of the contestant. And even Michael 
I itzgerald, the brother of the contestant, a police official in the city 
ot Boston, got the summons by deputy United States marshal to 
come in and testify, and he refused to come in, and neglected to 
come in, and will not come in'. What are you going to do in a case 
ot such contempt, where there are 400 or more of them« 

Then, after our 40 days had expired, Mr. Lomasney, the boss, 
goes on tlm stand, and a great piece de resistance is presented into 
the great Federal courtroom, and he marches all these men, or many 
of tlwse who had been summoned—Mr. Guy tliere, Pat MoNultv, 
whom I turned around and pointed out as 
one ot the men who would not come to testify, but who would come 

S'® ,-what he was going to do to everybody, 
including this congressional committee. 

Is that the fair play that the American people expected* Of 
course, the elation laws were written in a day long gone, 'when 
theie was a different code of honor among the American people 
and when a^great respect was held out for Congress and for the 
working of Congress, but since the building up of these boss organi- 
zations the boss is supreme ; he is greater than the Congress of the 
United btates, and an intimation or suggestion or tip from him 
Plat they do not need to go means that men will disregard a sum¬ 
mons from your cnmmittee, issued through a notary in accordance 

it- because they think it 
might hui t the boss and his satellite. That is the story. They would 
not any of them come in, gentlemen, and the returns of the mar¬ 
shal show that they have contemptously disregarded an effort to 

make US lo^e 

Mr Overstreet. -Was there no way that you could force those 
men to come in by taking the proper proceedings ? 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 15 

Mr. O’Connell. Mr. Chairman, I regret to say there is not. I 
name and made a recommendation to your committee that this 
election law be modified or amended. We took it up, and Mr. 
Tague made a speech on the floor of the House calling attention to 
the inadequacy of the law. There is no Avay you can punish them. 
After the thing is all over we might go before the grand jury and 
bring a bill of complaint to recover the fee that we paid—the $20 
fee—that is all. I took the matter up with Judge Warden, of the 
Federal court, and he said, “ I am helpless.” I took it up next with 
the district attorney and had him investigate the matter, and he 
said, “I am helpless; there is no way; obviously these people have 
been advised that they could disregard the law with impunity.” 
Who advised them? My conclusion is that it was an interested 
party. Who is the interested party? The contestee there in this 
case, acting through his boss. Why do I draw that conclusion? 
Because in the boss’s testimony, Mr. Lomasney, on my cross-exami¬ 
nation, I asked him: Do you know Mr. Cochran ? Do you know 
Mr. Gray? Do you know Mr. Beatty? Do you know Mr. Grant? 
•Do you know all these men who have been summoned and did not 
appear here? Yes. Are they members of your organization? Yes. 
Do you know them well? Yes. Do you see them frequently? Yes. 
Did you ask them to come here? I did not. That was their con¬ 
duct, written and spoken in every possible way, and what can I do? 
The list of these who have been summoned is on pages 624 to 641. 

Now, in answer to Mr. Overstreet’s suggestion, let me say this. 
There is one feature before we get to that. Mr. Tague has shown 
you those sticker ballots. The election commissioners have counted, 
as having been correctly placed there, according to their ideas, 6,997 
votes. We show you that, in addition to that, there were approxi¬ 
mately 400 ballots where those stickers were put on, but the cross 
w\as not added. ^ 

Mr. Elston. I understand the paste stickers were put on and were 
on the ballots at the time they were counted, but were counted out 
because the cross was not put upon them indicating the identity of 
the candidate? 

Mr. O’Connell. Exactly. We call attention to the character of 
the sticker. It says, you will note, Peter F. Tague for Congress¬ 
man, 10th District,” which designates what that sticker is. Of 
course, it is a well-known principle of common law, and it has 
been accepted and passed on by Congress, that when you do write 
in something, that that writing, if it is put in later, governs the 
printed matter. That is fundamental. 

Mr. Elston. The sticker itself was printed matter? 

Mr. O’Connell. I mean the printed matter in the document itself. 

Mr. Lehlbach. The sticker shows, I think, whom he intended to 
vote for. 

Mr. O’Connell. I am glad you made that clear, because that is 
what I meant to say. 

Mr. Elston. I understand that. That is very obvious. 

Mr. O’Connell. We ask you to count those ballots, and we ask 
you to count them because they show what the voter wanted done. 
We ask you to say that when a man went to the trouble of taking 
a sticker like that, wetting the gum and placing it on the ballot, 


16 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 


placing- it on himself, for instance, in ninetv-nine times out of one- 
lumdred, right in the place where that cross is on that ballot, or 
placing it right near there, not voting for anybody else, that that 
man intended to vote for Peter F. Tague and for nobody else, and 
that those ballots should be counted for him, whether the cross is. 
there or not Now, it is the contention of the voter, and it has been 
the law of Massachusetts— 

reference to the law, now, Mr. O’Connell? 

Mr. O’Connell. Yes. 

Mr. Elston. I think if that is in the brief, that is not a hard 
matter to understand and get at. 

As I understand, the law of Massachusetts says 
that the vote shall not be counted unless the cross is there, and 
Congress is not bound by the law of Massachusetts. 

^ Mr. Elston. That will be in the brief. That is not a matter that 
IS very hard to explain. I would prefer that you go into something 


f i^ot quite understand this. I have read over 
this testimony and brief before, Mr. O’Connell, but I do not under¬ 
stand that it appears in the record that 400 or any other number 
ot votes could be identified as having been voted for Mr. Tague. I 

number, but not any specific number. 
IQO r Committeeman, on pages 

at"’- Whose testimony is that you are quoting? 

Mr. O Connell. It is designated in the ballot as to how it is. • For 
instance, let me read it to you; I will give you a sample of it. For 
mstance, on page 204, at the top of the page: ‘‘ Exhibit 813 Tao-ue" 
Exhibit 812 not counted.” That was a sticker without a cross! 
t hat IS the way it goes down. I have designated all those where the 
nnfi t?' P"t o" without the cross, or the sticker with the cross, 
and theie n ere times where the cross was outside of that little square, 
and they would not count them, and there were times when the cross 
was in the square and they would not count them. 

Mr. Lehlbach. Where are the ballots now^« 

' Mr. O’Connell. In Boston. 

baSs.^pr“em^dP'® 

Mr. O’Connell. Every ballot. 

Mr. Lehlbach The rejected ballots were there, showing the reason 
for rejection on the face of them? ^ reason 

Mr. O’Connell. Yes. 

Mr. Lehlbach. Did you in the preparation of this case check up 
the registry list, or the voting list, the list of names voted! and . 
leck up what number of votes were cast on names and residences 

t^irSaS -rbi 

the^esSy"""" up, and it is in 

I will call your attention particularly, gentlemen, to a remarkable 

ser!jthrte!tiZnv rf Mr t” ^o recall and oh- 

tif 01 Mr. Tague. We could not get in the evidence 

about these men who refused to obey the summonses, and we had re- 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 17 


course to secondary evidence, so I put Mr. Tague on the stand to 
iKo knew of those men, and he went on and told about some 

that voted. Their names were certified in one of the exhibits as 
nayng been voted on by the election commissioners, and he testi- 
hed about those men and where they lived, and after he got through 
Ml. Callahan, my very able brother, took him under cross-examina- 
lon and said. Why this remarkable feat that you have gone through 
to-day^ Let us see about it.” And then he’started off haphazard 
on that hst and said, “What about this man* AVhat about that 

he goes to the top, comes to 
the middle, skips then to the end and comes back elsewhere, and fo^- 
three or tour pages in the testimony, Mr. Tague states who and what 
that man IS and where he resides, and finally, after hal’f an hour or 
more of that Mr. Callahan says, “ I will give you notice that I am 
fo cisk ^ oil to come back to the stand for further cross-examina- 
tion on that,” and Mr. Tague says, “I am willing at any time,” and 
although Mr. Tague was willing at any time they never asked Mr 
l ague to give them any more demonstrations of what he knew about 
this particular case. It is one of the most striking exhibitions of 
complete memory as to details that the Boston courts had ever seen, 
and it absolutely disposed of where and who those men were tha^* 
voted. 


Now, much has been made about this illegal registration. Let me 
say to you, Mr. Chairman, what do you say to this situation? The 
three boys who managed the Quincy House, the headquarters of the 
contestee, where he is a part owner, and where there were a tre¬ 
mendous number of illegal registrants, live right opposite your 
family’s home out in Brookline, men living in beautiful colonial 
brick mansions out near the spires of Boston College. You may Mok 
away from your family’s home across that beautiful pond, and vou 
see the palatial homes of men living in Newton, who were voting 
down in that district. Is it fair? Newton was filled with them, liv"^ 
ing in massive homes that represented anv amount of money, beau¬ 
tiful surroundings where their families resided and their children 
went to school, where their wives live the year round. Is it because 
iVIr. Lomasney and Mr. Fitzgerald live there and vote in ward 5 
that they are going to violate all the laws of domestics and all the 
laws of Congress by voting in this district in order to send Mr. Fitz¬ 
gerald to Congress? I do not think so, and that is upon the testi¬ 
mony of all these people here that we have brought in evidence about. 

Mr. Fitzgerald. Mr. Chairman, I want to say that I do not own 
a dollar’s interest, and never did, and I am sorry that I do not own 
some of the Quincy House. 

Mr. O’Connell. Well, if that is not in the evidence I will with¬ 
draw it; but if it was necessary to have it proved to the committee, 
I can assure the committee that I could prove what I said. 

Mr. Fitzgerald. If he can prove that, I will resign my job now. 

Mr. O’Connell. You ought to have resigned long ago. 

Mr. Fitzgerald. I will not go any further. 

Mr. O’Connell. Now, then, we were notified that the gentleman 
was going to testify. He could have denied that on the stand. We 
were notified that be was coming in and testify, and when we were 
in court ready to go on with the hearings, the testimony shows 


134956—ID-2 


18 CONTESTED-ELECTION 


CASE OF TAGUE V. FITZGEKALD. 


«iat his counsel made the statement that he had gone away to Palm 
would come back when the time came for his testimoni-. 

TIT ’ You were down there this winter. 

Mr. O’Connell. Sure. 

Mr. Fitzgerald. Why should not I go down? 

Mr. O Connell. I was not down there dodging an attack on mv 
congressional seat. When he came back aiuf came into ?he court 
accordance with the notice, the evidence shows he did not 
..nrl w a particle of testimony from this contestee, 

and yet he wants you to hold him in this seat, I do not know why. 

ti°* understand any reason why the contestee should not have 
tbes^vtil opportunity to have asked him 

years’ 4kiY*^^***^ questions as to whether he offered Mr. Tague two 

t that Mr. Fitzgerald went to him and offered him 

man^ Tdn'S Y u ^ ^ a™ a rich 

man. I do imt need the salary, Peter, ycu get out of here.” He savs 

“wil 1 ^ I ‘I® ®®t need the salary. 

1 will give you two vears salary, and besides that I will get you a iob 

S'^ur* ’•‘'Y?'’'- the mayor. “ Wh,? do"^ vou iot 

That knll /o y® "®t want to make such a deal as that.” 

knows about f Fitzgerald’s attorney 

tmows about it The charge is there that Mr. Fitzgerald, through 

thaTmouPv^’^''^ $1,000, and we put in the testimony to wh(M 

at monev w as given, and that man admitted that he got the money 
Mr Fitzgerald knows all about it, but there is no denial of it S 

of contradiction M any oUhLe 

things that are so material in the case. Why? MHiy should he not 

that I think you had m mind, Mr. Overstreet. In regard to^this 
1 legal registration of four hundred and some odd voters in these 
hree precincts in ward 5, we ask the committee to throw out those 
three precincts because of the fraud that prevailed there We ask 
you to disregard those three precincts, and if you disreo-ard those 
tiiree piecincts it will mean a net loss to Mr. Fitzgerald ofssi votes 
Diat has been the doctrine that has been follow-ed by Con<rress In 
many cases that I have cited in my brief ^ '-'On^iess m 

Tague’s house, did not have the rio-ht to 
^ “^® intimation that Mr. Martin Turnbull ^ 

m Mr Tague’s mother’s house, did not have the ri^M to vo J n i 
brought in evidence to .show that neither of those tw^gentlemen vot^® 
In other words they bring out four cases. They brouaM out Mr 
Turnbull who did not vote, Mr. Goggan who did not vote Mr Ghatie.; 

L. Burrell, our city treasurer. Mr. Burrell has been -fn.- fi 
elected city treasurer, and he lives at the Boston cTty Chfb^aK 



CONTESTED-ELECTION CASE OE TAGUE V. FITZGERALD. 19 

year round, and they brought Mr. Burrell in to testify, and they tried 
to go into his family affairs to find out about the separation b^ween 
LW.? L -1 contemptible as that. It makes a man’s 

blood boil to think of some things that, they went into. Burrell lives 
at the Oity Club from one end of the year to the other. The City Club 
IS a 12-story building where men live the year round. 

And then they bring in Mr. Bernard Rothwell, who has been presi¬ 
dent ot our chamber of commerce, and one of our leading citizens, who 
has been living there since his wife’s illness two or three years ago; 

.then they bring in Senator Thomas, who voted from the home 
ot his father, as he had for a number of years, where he had to make 
a \ oting residence because of property rights. 

In other words, they made five charges of irregularity, in the in¬ 
stances that I have shown you. Goggan did not vote, Turnbull did 
^t vote, Burrell, our city treasurer, did vote from where he lived. 
He was aRepiiblican. Mr. Rothwell voted from where he lived and 
Senator Thomas voted from where he lived. We come before you 
clean and unblemished, with no proof that there was any fraud 
on our part. We did charge them with it in man}^ instances, and 
they have not denied a particle. They intimated that there was 
irregularity, they made insinuations, but when brought down we 
find that Mr. Turnbull, living in the house that he was born in, did 
not vote there, although he is a cousin of Mr. Tague, and although 
Mr. Goggan was in Mr. Tague’s house, and they claimed that he had 
no right to be there, he did not vote, so that the committee can abso-, 
lutely disregard anything of that kind. ^ 

I guess I have taken up my time. 

The CiiAiRMAx. You have taken your time. 

Mr. O’Connell. I will stop now, concluding with this as my 
hour, and will use my other half hour in my concluding argument. 

Mr. Callahan. I am perfectly willing to have the committee 
extend more time to Mr. O’Connell. 


STATEMENT OF MR. TIMOTHY F. CALLAHAN, ATTORNEY FOR 
CONTESTEE. 

Mr. Callahan. Mr. Chairman and gentlemen of the committee, 
Mr. O’Connell, counsel for Mr. Tague, is animated in this thing 
by a great personal hostility to Mr. Fitzgerald, and we were con¬ 
fronted with just that same situation when we were conducting these 
hearings in the post-office building in Boston. You can appreciate 
from the remarks of Mr. O’Connell this morning how difficult it is 
to get him down to the real issue in the case. We spent, I believe, in 
a part of the case, the contestant’s case, at any rate, some 15 of the 
20 days in the examination of witnesses by Mr. O’Connell, in which 
he was looking for headlines in the newspapers, and in the last three 
or four days we got down to the real issue in the case. 

The real issue in this case, gentlemen, is the examination of ballots 
to see whether or not Mr. Tague or Mr. Fitzgerald received the most 
votes, that is, whether Mr. Tague received more votes than Mr. Fitz¬ 
gerald, or vice versa. MY contend, of course, that Mr. Fitzgerald 
received the most votes, and his election was certified to by the Boston 
election commission and by the governor and council, as is required 


20 CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 

by statute. Mind you, this certificate, gentlemen, does not come after 
a count o± the election officials at the polls, but this comes after a 
recount by this bipartisan board in Boston, two Democrats and two 
Kepublicans, and it was unanimous, and later on it is certified to 
by the secretary of State, by the governor and his council. 

Now, in this case, as it appears before the committee now, they 
claim you ought to review the actions of the Boston commission, that 
o Boston election commission, and the ballot law commission of 
the State of Massachusetts, in their certification of Mr. Fitzgerald’s 
election at the primaries, on account of some alleged irregularities, 
and then that you should examine into those other alleged irregulari¬ 
ties in the conduct of the election which was a month later. Now, if 
we are going to examine these things at all, gentlemen, we have got 
to separ^ate the two things. We have got, first to examine the primary 
and find out what facts were shown there and settle that once and for 
all, and later on, gentlemen, find out what facts existed at the time 
ot the election, and settle that, independently of the primary. 

Now, my brother in his brief has taken some facts that w^ere 
roiight out at the time of the primary and has interwoven them 
\yth other facts or alleged facts that occurred at the time of the 
election, and he says the whole thing shows fraud, but I say if you 
are going to examine this thing sanely, if you are going to get a 
two\hings^^ ^happened up there, you have got to separate the ' 

Now, let us take the primary. The primary was conducted, we 
say properly, they py improperly. They petitioned for a recount 
to the Boston election commission, and that is the commission in 
Boston that has supervision of all election matters there That is 
commission gentlemen,, that, is appointed by the mayor. It is a 
bipartisan board. There are two Democrats and two Kepublicans 
on that commission. This commission, on the petition of Mr Tague 
granted a recount, and that recount, gentlemen, showed that Mr’ 
intzgerald was nominated by 50 votes. Now, that is a canvassino^ 
board, gentlemen. ^ 

i'e(l«ced his original majority, did they, 

I think they;^did, yes, but the final count by this 
recount board was oO votes. That is a canvassing board, and vou 
do not suppose they are entitled under the statute to get any other 
evidence than what is shown on the face of the ballot 
Mr. Tague was not satisfied with the decision of that board, which 
by the way, was unanimous, and he appealed to the State Ballot Law 
Commission, and that also is a bipartisan board, appointed by the 

fnd'^hT* There are three men on that board, 

and he asked to have the conduct of this election and the conduct 
aiid the findings of this board reviewed by this State Ballot Law 
ommission, ancl there was a very extensive hearing, gentlemen and 
they went into all those questions, completely and exhaustively and 
that board appointed by. a Republican go/ernor of Mfssachiisett 
girald unanimously m favor of the nomination of Mr. Fitz- 

petition filed by Mr Ta<rue 
was filed under the statute, and all that the contestee needed to Im ve 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 21 


done at that time, gentlemen, was to call attention to that, and Mr. 
labile would not have been deprived of that hearing. That is clearly 
shown in the evidence of the secretary of state, and yet Mr. Fitz¬ 
gerald, the contestee, waived all his rights, waived all his objections, 
and said, If I have not got this thing fairly, I do not want it at all.” 
and urged his counsel to go forward in the investigation, and there 
was a complete investigation, and that board also unanimously found 
in favor of Mr. Fitzgerald and said that he was nominated by 50 
votes. Now, the findings of that commission, gentlemen, are in the 
evidence and also in my brief, and they show clearly what evidence 
was before them, and also give the reasons that made them give that 
decision. That is in the brief and I will not bother you with it now. 

Now, prior to that, to show what the contestant did prior to the 
time that he went to the ballot law commission, he made a petition 
to the municipal court in Boston, and we have in Massachusetts, 
gentlemen, as a part of our election laws, a statute giving the right 
to anybody to bring his petition promptly and to go before the courts 
there, the chief justice, and have an inquest, and I want to call atten¬ 
tion particularly to that statute, because, to my mind, that is the 
Inost drastic section of the law that you can find on the statute books 
of any Commonwealth. Their claim, as it has been shown by Mr. 
O’Connell that witnesses did not appear, either from technicalities 
or because they were not summoned properly, would have been of no 
avail before this municipal court in Boston, because they had the 
right to summon them, they had the right to hold them as prisoners, 
to make them give bond for their appearance, and they could not 
claim any immunity for themselves in that way, gentlemen. I ^^ant 
to call attention to that statute, or to a part of it, here, especially 
relating to the subpoenas: 

Such court, justice, or attorney may issue subpoenas for witnesses, who shall 
be allowed the same fees, and whose attendance may be enforced in the same 
manner and who shall be subject to the same penalties as if served with 
subpoena in behalf of the Commonwealth in a criminal prosecution before such 
court or trial justice. 

And in a criminal prosecution, of course, gentlemen, in our State 
at any rate, witnesses are subpoenaed without fees, and they are paid 
afterwards, and if they do not appear they will be prosecuted. 

Now, that gfives anybody who brings a complaint under section 
372 this right: 

Upon a complaint subscribed and sworn to by any person before a police, 
district, or municipal court, alleging that reasonable grounds exist for believing 
that any law relating to the assessment, qualification, or registration of voters, 
or to voting lists or ballots, or to primaries, caucuses, conventions, and elections, 
or to any matters pertaining thereto, has been violated, such court of justice 
may at once hold an inquest and inquire into such alleged violation of the law. 

And it provides, gentlemen, that there shall not be an open hearing, 
and we have had a number of inquests in Massachusetts, and wit¬ 
nesses were compelled, as in a murder case, frequently to sit outside 
and to be examined one by one, with counsel for contestant and 
counsel for contestee and the stenographer there to get all the evi¬ 
dence. 

Now, then, if the contestant’s claim in this case was a valid claim, 
and if he believed the things that he said in his brief and in his tes¬ 
timony, and if his counsel believed those things, gentlemen, there 


22 


COITTESTED-ELECTION CASE OE TAGUE V. FITZGERALD. 


ta “i"™ ■” «» to 8» to~.rd 

wm !^;n™®- You do not mean to misrepresent. I 
Mr testimony, which states that 

Mr.^ Tague exhausted every right. Probably you have overlooked 

^5' I have not overlooked it. Mr. Tague brought his 

was gentlemen; and if he was sincere® if he 

was honest, if he believed the things that he said, he would have 
piessed his claim before that court; and certainly he can not blame 
anybody el^ for not pressing the claim when he made these assertions 
and these charges alleging illegality at the primary and iLgalitv^n 

S?w\"rdV°U i?ff ^ us for rt gJing 

forwnr^ ■ TL 1*^® S®* t® explain why he did not go 

He could havp^ffif^ ^ ®t®^nds open to the person who has a complaint. 

Now, that IS on the question of the primaries, gentlemen He neti 
tioned for a recount to this nonpaiHsan or b'partiZ board fn- 
pointed by the mayor of Boston, and they gave him a recount and^f 
bTOlhh^‘o’’Connen^®'‘''‘'^®T"^ notwithstanding the claims’of my ■ 
watchers at evert ;,recount, where Mr. Tague had two 
by c«l on 0 I rdhere every disputed ballot was examined 
counsel aridtl pf L \ Commissioners after argument by 

nomTnI’ted iy 50 vo?i decided that Mr. Fitzgerald wat 

i“ ^ d®®cribed before, to the ballot-law commission 

E|xi|p!:as 

findings "of tl^^St™Tahonf^^^ asks you to overturn the 

ony or mr. iague, and as you men will examine this testimony the 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 23 

Will come out more clearly every minute that this is a contest 
in which Mr. Tague is pretty nearly every witness for the contestant. 
He testified to everything. Mind you,, m this district, where there 
are thousands and thousands of men, where there are 22,000 regis¬ 
tered voters, where over 15,000 voters voted on that day, where there 
are perhaps a hundred thousand people living, Mr. Tague is the one 
witness who testifies to all these things, with perhaps the possible 
exception of three or four of his henchmen, and we will show you 
that very clearly. 

Now, gentlemen, T do not see how this committee can go back of 
the primary, or can go back, rather, of the findings of these two 
bipartisan boards, because, if you do that, you, first of all, show that 
we have a dishonest and a dishonorable commission in the city of 
Boston handling our elections, and 'who were appointed b}^ the 
Mayor. It is absurd to say that Mr. Lomasney, who happens to 
figure prominently in the discussion of this case, is responsible for 
the appointinent. Is it not queer that Mr. O’Connell should say to 
you gentlemen who know politics that a man in the city of Boston, 
or any city, who simply controls, or, rather, has considerable in¬ 
fluence in one ward, can appoint the Mayor and can influence the 
Mayor entii'ely in his appointments, and not only that, but can also 
influence a Bepublican governor, the governor of an opposite party? 
Is not that an absurd thing? Is it not absurd to say that this man 
controls those two commissions: but if that is so, gentlemen, I do not 
see how you can examine into that at all, because there is absolutely 
no evidence in this case except the statement^ and charges of the 
contestant, Mr. Tague. I do not see how you can overtln’ow the find¬ 
ings of those two commissions who made this complete investigation, 
and therefore I want to take up now the question of the election, be¬ 
cause, after all, gentlemen, I do not know whether it was done for 
the puipose of confusion or not, but it seems to me that the election 
is the one thing for this committee to discuss, and you ought to take 
up the charges of Mr. Tague and examine into them to see if he has 
made out a case. 

Now, the election was held, I think, on the 5th of November, and 
Mr. Fitzgerald, as certified to by the Secretary of State, was the 
regularly nominated candidate of'the Democratic Party. There was 
also a ]idr. Fletcher, who was the regularly nominated candidate 
of the Republican Party, and Mr. Tague who ran as an independent 
on stickers. Now, if we examine into the complaints or the charges 
of Mr. Tague, the contestant, or Mr. O’Connell, his attorney, I think 
we can separate the thing into two or three propositions. He alleges 
fraud, and we might take some subdivisions of that fraud in the use 
of money, fraud in coercion and intimidation, and fraud in illegal 
registration. Those are the allegations of fraud that he makes, and 
in that, of course, comes fraud in the use of these illegal stickers. 

Now, as these stickers must be fresh in your minds, gentlemen, I 
would like to discuss them just for a few minutes. Nobody is clear 
about these stickers. That one sticker appeared sometime during 
our hearing. Nobody had ever seen it before or heard of it, and it 
had a sort of mysterious appearance. Mr. Tague, in his examination, 
his direct examination, says that he got it in one precinct of ward 1, 
and on cross-examination he said he got it in another precinct of 


24 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


wircl 1; in his direct examination he said he got it from the ballot 
box; ,n his cross-examination he said it was handed to hTm bv sZf 
body in another precinct in ward 1. ^ 

'"'as not clear about that I do not know how we 
in thnt^l it, but I want to call your attention to this fact that 

pinnf II appointed by the commissioner; that at each nrp 

:a5iSii=gSi=^ 

when you hear the chargfrfM^ 0& anV'fy ‘’'“f 

say It is amazing. '-onnell, and for this reason I ' 

all this literature. Mr. Murray testified fn ®hCTed 

3ratltrto MT^aylS^ 

.Vorsa^tSPthey dkhiS ™ to interrupt you. but 

' MfclLiT*^ them aT^nglwexrbir^^ 

that anvbod ”used these ^sHc°kLs°\in’ witness. 

Would tluirbeSed Limidrifa^'’^"""®’/ !?-^’ committee? 

that he heard somebody say tbat'^e Vd°'” i^fi testimony 

(hat is tlie evidence and wLt doe .Bek 

tha/niS. ahnm'’c?akUridmd h° "Jenflater 

^louhl'^ofbf e^d^eredhfy^ ®°^®"®® nf thaUcimi 

tliat you do not consfder i '^in Hds " ®°“'-"^'ttee, and we ask 

sticker, gentlemen, and some other evidence^f evidence of the 

a precinct in ward 6 for Mr Tao-i.e '"'orked at 

^tiekers on the floor, buf he^lld L^kno^'-flSlhrwr 2S 


CONTESTED-ELECTIOIT CASE OF TAGUE V. FITZGERALD. 25 

tliat had been dropped by the election workers or not, and he did not 
know whether there was gum on them or not. 

Xow, gentlemen, what are these stickers? Do yon not think that 
the first thing that would occur to any lawyer examining into a case 
and making that claim would be to pick out certain ballots where it 
appeared that stickers had been pasted on, or that the attempt had 
been made to paste on stickers, and show them to this committee? 
Is not that the natural and logical thing that you men would do in 
trying a case if you made that claim or made that contention, and has 
the contestant brought one ballot here to show, or is it in evidence 
that there is one ballot, where a sticker fell off? Certainly there is 
not. 

My brother calls attention to the fact that these things are 
described; that these ballots are described, but how are they described ? 
Are they described by a witness on the stand? No; they are not 
described by a witness; they are described by him, and it is only 
natural to suppose that liis description would be a biased and inac¬ 
curate one. Now. can you gentlemen consider evidence like that, 
where tliey had 40 days to bring these ballots before the commission 
and put the commission on the stand, each one of them, and say to’ 
the commissioner, “Why did you not count that ballot? How is that 
ballot counted? It is not counted at all. Why did you not count 
it ” and have the commissioner explain why he did not count it ? 
But no, that was not done. They simply got these out for the pur¬ 
pose of exhibits, and here on the top of this page to vchich Mr. O’Con¬ 
nell has called attention, gentlemen, he described ballot No. 813, 
which is one of some 1,300-odd ballots that are held o(ut for exhibits 
or marked as exhibits at the time of the recount. 

Perhaps I had better describe how it was done. When they were 
examining into these ballots the election commissioners would take 
them out of the box and would say how they were counted, and then, 
instead of asking them why they were counted that way, or why they 
were not counted, Mr. O’Connell would take it upon himself to de¬ 
scribe the ballot, and, of course, with all due respect to Mr. O’Connell, 
as I think under ordinary circumstances he is a very honorable gen¬ 
tleman, in a case of this kind he was doing everything to help his- 
client, and he was very hostile to Mr. Fitzgerald. “ No. 813, Tague, 
812, not counted.” That is Mr. O’Connell’s comment, and he asks you 
to treat it as evidence, a sticker with no cross. There is no evidence 
of a single person, gentlemen, that that is a sticker with no cross, 
except the statement of Mr. O’Connell. 

Mr. Elston. Was that statement challenged? Did anybody who 
was observing the thing at the same time say, ‘‘No; it is not a sti(*ker 
with no cross ” ? 

Mr. Callahan. It was all done over our objection. Certainly Mr. 
O’Connell knew how to get a proper description of a ballot from a 
witness on the stand. 

Mr. Elston. Of course, this very brief description here conveys a 
very intelligent impression to the mind of a person as to what it 
means. Now, it would look like it would be the natural thing for a 
man who was sitting in on the examination at the same time to 
challenge his description of that ballot, and his reference particularly 
to the square with no cross on it. 


26 CONTESTED-ELECTIOU" CASE OF TAGUE V. FITZGEEALD. 

Mr. O’Connell. And they did, Mr. Committeeman. 

V| henever I made a description that did not please them they then 
challenged it, as will be disclosed there. 

Mr. Elston. That is natural, as bringing out the contradiction of 
what went on there. 

up these first ballots, and there must 
be .some hundred ballots where there was no description at all, where 
’described even by counsel, because it seemed to be his 
purpose at that time, and he stated it on several occasions, that he 
have these ballots down in Washington, and he was not 
L. iL 1 the trouble to examine these ballots, he was not going 
to take the tiouble to give a proper description through proper wit¬ 
nesses, and he then, after about 100 ballots were in without any de- 

a facetious way at 

tirst, and tJie descriptions were not always accurate 

introdu'cHon'nf T ^^^s not a proper 

intiodiiction of that evidence; it was not proper evidence because 

he could not testify; the witness was on the stand ’ 

you this question: Suppose there is a 

t i-fi ^ 1 ^ IS testifying from an exhibit, a wall map 

occurred. The witness says, I was standing here” lindi-atino’ 

opposing counsel says, “ Indicating a point 
a root and a half from the east curb of the street ” ^ 

Now do you think that would not be evidence ? 

Mr. Callahan. Yes. 

Mr. Lehlbach. Well, is not a description of the ballot in the 

counted them should have described, we objected to it and then it 
was proper to put those ballots in properly ' ^ * 

^^_Mr. J. F. O’Connell. Whenever you objected the objection is in 

Mr. Callahan. Whenever we objected tlie objection is in tliPi-o 
I'ng airthe time.’’ evidence said. “ I do not want you object- 

baSt a^Tl™”’ objection to-the introduction of the 

bv^Mr n’ ^ 1 °^ objection was to the description 

E™ " 477 b A description. ^ 

ihSrr*“~* 




CONTESTED-ELECTION CASE OF TAGUE V, FITZGEKALD. 27 
AFTER RECESS. 

The committee reassembled at the expiration of the recess. 

AEaUMENT OF ME. TIMOTHY F. CALLAHAN ON BEHALF OF CON- 
TESTEE—Eesumed. 

Mr. Callahan. Mr. Chairman and gentlemen, just before the re¬ 
cess we were discussing the weight that should be given to the evi¬ 
dence that was introduced before the notaries on the question of the 
ballots, and we contended, of course, that that evidence was not in¬ 
troduced properly. 

Mind you, the evidence that is before you gentlemen and the de¬ 
scription of those ballots is not a proper description and is not evi¬ 
dence that was brought out before the election commissioners on a 
recount. It is evidence that was brought out before notaries, where 
the election commissioners were summoned and asked to bring the 
ballots with them; and rather than take the ballots from the vaults, 
or their rooms in the Federal Building, we chose to have the hear¬ 
ing in their offices. But, nevertheless, they were witnesses, and we 
contend that those ballots should have been shown in a proper way 
through those witnesses. 

Mr. Rhodes. What do you mean by a “ proper way ? ” 

Mr. Callahan. I mean that a ballot should not be taken up—and 
mind you, these men had counted these ballots in the first instance, 
and it was their count that was disputed. A ballot should have been 
taken up, and if it was a ballot with a sticker on it and no cross, that 
should have been described by the witness to that extent. For in¬ 
stance, Mr. O’Connell should have asked the commissioner who was 
introducing that ballot how that was counted, and if it was not 
crossed for the candidate it was no vote; and why was it no vote? 
He would say it was a sticker without a cross; and they do not count 
stickers without crosses in Massachusetts. And that should be the 
evidence that should be before your committee. 

Mr. Overstreet. May I interrupt you a minute? I do not quite 
understand. How did Mr. O’Connell describe them, then? Did 
he take it open on his examination of each of the ballots in the pres¬ 
ence of you gentlemen and put it in the records? 

Mr. Callahan. Mr. O’Connell stood behind these men and made 
comments; he did not give a description. 

Mr. Overstreet. Did he take the ballots up in his hands and ex¬ 
pose them? 

Mr. Callahan. No ; 'the commissioners had possession of them 
all the time. 

Mr. Overstreet. Well, after he would see the ballots in the 
hands of the commissioners, would he then describe the ballots as 
contained in these records? 

Mr. Callahan. He made comments; it was not a description. 

Mr. Overstreet. Well, you all heard him, did you not? 

Mr. Callahan. Yes, and we objected to them. 

Mr. Lehlbach. As a matter of fact, the commissioners were 
adverse witnesses to Mr. O’Connell, because their findings were the 
subject of attack. Is that not true? 


28 CONTESTED-ELECTIOJSr CASE OF TAGUE V. FITZGERALD. 

Mr. Callahan. I do not know whether they were adverse wit¬ 
nesses or not; I should say they were not. 

Leih.bach. Well, as a matter of fact, the commissioners found 
that Mr. Fitzgerald had the most of the votes, did they not? 

Mr. Callahan. Yes. 

Mr. Lehlbac^ And this was a proceeding to upset that finding. 
Now, if Mr. O Connell had described a ballot improperly, would 
they not have called attention to that fact ? 

They clid- They refused to sign this testimony 
where'Mr^O^Pn ^ will notice this testimony you will see that 
n j X * • Connell made that comment the election commissioners 
retusecl to sign it and said it was not their testimony. 

Mn Lehlbach. Does the record show that he made ani' comment 
Winch was untrue? 

Mr. Callahan. Do jmu mean that we objected to? 

No, not that you objected to; does the record show 
hat any one said, “That is not that kind of a ballot,' 
no sticker on here, or contradict anv statement of fact that he 
made with reference to that? 

the y°"' ^ "^^nt through 

^^Mr r?rT ”0 evidence, 

if «5s ettde^cA w y®"*" attention to the fact that, 

all hose hn1?niV ^ a description of 

all those ballots. Now, it was not Mr. O’Connell’s intention when 

he mentioned these ballots to the committee—it was not his intention 

scribe th^^^lfwafh*®’ his witnesses on the stand de- 

ii";’ u contention, stated openly and publicly that 

bMo?e thk comStel *’^®y 

Mr. Lehlbach. Were they marked as exhibits? 

Mr PALLAHAN. They were marked as exhibits. Now, that was tho 

o/l SOO^h^Vw’ result that there were same 100 ballots out 

ballots that were not described by Mr. O’Connell So that 
fess.* purposes of tins committee, that evidence is absolutely value- 

committee could hardly be supposed where 
pere is a controversy here as to the evidence of the intSn M the 
voter, to leave the thing up in the air. where Mr. O’Connell’s mention 
of them, as you say. was iincontradicted. Of course that raises n 
curiosity in our minds; if you admit that it is pro^ei foi us triiave 

1 1 burden is not upon us to tell him to dn h- 

pioperly and to instruct him how to do it You will admif lEnf 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 29 


Mr. Elston. No; but I think this committee has wide latitude, 
and I think you will recognize that, not being bound by the technical 
rules of a court, what this committee would like to do is to get down 
to the merits and heart of the case without reference to technicalities 
of any kind. I may say that most of us, having had some experience 
of court procedure, would like to get right down to the heart of the 
matter. 

Mr. Callahan. That is just it. We say that their claim that 
there are so many ballots with stickers on them and without crosses, 
and that have not been crossed as required by statute, is absolutely 
and unqualifiedly untrue. 

Mr. Elston. That is it; there is some kind of an issue. 

Mr. Callahan. We have no objection and never did have to hav¬ 
ing those ballots brought here. 

Mr. Elston. In other words, you do not want his comments on 
the record to stand for the facts, and you controvert them abso¬ 
lutely. 

Mr. Callahan. Absolutely. 

Mr. Elston. And you say that the very ballots on which he makes 
comment are not borne out by the ballots themselves ? 

Mr. Callahan. I will not say they all are not; I will say that in 
many instances he did not describe those ballots properly. 

Mr. Elston. And that will appear through evidence appearing on 
the ballots? 

Mr. Callahan. We have no fear of a proper count of these bal¬ 
lots; we are perfectly willing that they should be brought here- 

Mr. Rhodes (interposing). The gentleman^ontinues to use the 
word “properly.’’ Do you refer to illegal te^imony or the illegal 
presentation o/ tlie ballots under the Massachusetts law, cr what am I 
to understand you to mean ? 

Mr. Callahan. Do you mean in the introduction of these ballots 
as testimony ? 

Mr. Rhodes. Yes; you say they were not properly before the com¬ 
mittee ? 

Mr. Callahan. Exactly. 

]\Ir. Rhodes. Do you mean that they were not brought in as a matter 
of legal evidence? 

Mr. Callahan. No; I think this committee had a perfect right to 
get a proper description of those ballots; but I say that counsel for 
the contestant did not have those ballots properly described, and I 
say further- 

Mr. Rhodes (interposing). You mean correctly described? 

Mr. Callahan. Correctly described—correctly or properly. Be¬ 
cause I contend that this man has no right to stand behind men who 
were witnesses, and when he has the right, to ask them to describe 
those ballots and get that in as evidence, and he refuses or fails to do 
that and he makes comments on those ballots himself. That is not 

evidence. . , t 

Mr. Overstreet. Let me make this observation along that line, it 
seems to me that what he did was simply to aid the witnesses, or the 
notary, in expediting the case; inasmuch as a great many people can 
not testify to facts as intelligently as others can testify to them—you 
have seen that on the witness stand ? 

Mr. Callahan. Certainly. 




30 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEEALD. 


oc ) I ]udge from his commenting on those ballots, 

presence of the witnesses and in the presence of you 
gentlemen, and no objection having been made to his statements, that 
his coinments must have been justified from the ballots? 

ments Yf 1""' ’’h'® com- 

u’ j wanted his comments to be 

regarded as a proper objection to those ballots, he would have said to 

Yever Fsked ‘ C^^H^han? ” But that question was 

Mr. Elston. Well, right after the comment of Mr. O’Connell refer- 
” particular ballot, if he had said, “This is a ballot with a 
havibe^pro^^^^ “Yes’-would that 

Mr. Callahan. I should think so. 

Mr Elston. Well, do you not think that the witness’s acquiescence 
would have been equivalent to his saying “ Yes ”? I should sav that 
in ordinary procedure that presumptionYould have beeralmost con- 
clusive of the correctn^s of Mr. O’Connell’s description 

mTwt V Y 'Wiild have been true ordinarily. But vou 

must take into consideration the situation in which we were Here 

tTem ^exhibYsr/"" • ballots rapidly, for the purpose of’ha^ng 

turned ove^ Sd it wY show'"” E “'‘h ® '’allot® wert 

as evidence bMoYethi^ommft^^^^^^ *aken 

sent^^*™"'’ ivitnesses had made any kind of as- 

!s »»' ”* •• 

hiWts? '’allots were marked as ex- 

Mr. Callahan. 1304 or 1307 of them. 

Mr cTll^haY 1" this case? 

must stay in the custod^ ofVelcYofcLSS^^^ 

"P b, .h. 

.4'SiSstc Sji Sit rsS'i' r"' 

’ “ cSS^'n'o” •wf.oL'SlSf 

mi,sionere to brinj. th’ose ballots*”, nd’thev w?n’7 *^7 



CONTESTED-ELECTION CASE OF TAGUE V, FITZGERALD. 31 

Now, I do not know that that is getting us anywhere. We are on 
the question of these stickers. 

They said on page 11 of their brief—and this is only like a great 
many other statements that they have made, absolutely wrong, and 
intentionally untruthful, I thin£—they say: 

The percentage of blanks for Congress in this contest is about per cent, 
whereas the percentage of blanks for the other offices wall not average 2^ per 
cent, which clearly proves the excessive use of the deceptive stickers. 

That is absolutely untrue. The percentage of blanks, as we haye 
shown in our brief, is about 5 per cent. And they argue that, be¬ 
cause there is a large percentage of blanks, it is a good reason to 
assume, or it is pretty good eyidence, that a great many stickers, or 
of fraudulent, pseudo, or so-called stickers were on them and had 
fallen off. 

They say that there is 21 per cent of blanks in other contents. 
That is absolutely a farce. I want to show you, by a comparison 
of the blanks in the other two Boston districts that there is no dif¬ 
ference whatever between the percentage of blanks in the votes cast 
for Congress, for United States Senator, and for governor of the 
State, and I can show that in a very few minutes. 

In our district, the tenth district, instead of H per cent, there were 
T94 blanks; and that is 5.1 per cent of the votes cast: 5.1 per cent of 
the votes cast were blanks. 

In the eleventh district, which is an adjoining district, there were 
4.9 per cent, which is a difference of one-fifth of 1 per cent in the 
number of blanks. 

‘ In the twelfth district, which is also cor^iguous on the other side, 
there were 5.6 per cent of blanks. So that in that contest, where 
there were no stickers and it was impossible for any sticker to fall off, 
there was a greater number of blanks than there was in this district, 
where they said that the stickers were put on and had fallen off. 

Mr. McGlexxox. TTere the conditions in all of those districts sim¬ 
ilar? Were there contests in each of those districts? 

Mr. Callahax. Yes; there was the Eepublican and the Democratic 
candidate for Congress. 

Mr. McGlexxox^. Were there stickers there, too? 

Mr. Callahax. There were no stickers; no, sir. But, mind you, 
they say that in this district there were an extraordinary number of 
blanks;' and we show that there was no extraordinary number of 
blanks. 

Now, take the number of registered votes. In the tenth district 
there were 22,202, and the vote for governor—this was compiled for 
us by the election commissioners and is in one of these reports; I 
thing that in counting it over they made a mistake of about 90 or 
100 votes: but in the percentage it only means three-tenths of 1 per 
cent. But the vote for governor in the tenth district was 15,323. We 
think that is 15,423, a difference of 100 votes, and we give them 
the advantage on that score. 

The vote for United States Senator was 15,201, and the vote for 
Congressman was 15,294. 

Now, in our State last year there was a very spirited contest for 
United States Senator, and Mr. Walsh won over Senator Weeks; and 
it was a tremendous contest: and yet here in this district, where they 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 


say there is a larger percentage of blanks in this contest than in any 
oth^s, as a matter of fact, there were more votes cast and counted 
in this congressional contest than there were for the candidates for 
United btates Senator. That is a specious argument; and when they 
give those percentages that are wrong—and they give them deliber¬ 
ately , and they put in their brief—we say that they do not approach 
this question in an honest way. 

Now, in another way we can show this. The \ote for governor 
was 68 per cent of the registered vote of that district; and there 
were 95 per cent of the votes cast and there are almost 5 per cent 
ot blanks for governor; and the vote for United States Senator, 
although a few votes less, is 68 per cent and a fraction of the regis- 
ter vote; and the vote for Congressman, 15,294, is 68 per cent fnd 
a fraction, showing that there is absolutely no evidence that, because 
number of blanks, there is reason to believe that 
stickers were put on and that they had fallen off. 

tbo there are a number blanks with crosses alongside of 

i*^tb “Mn Mr. O’Connell to show one Sf them 

iomu fttel* I'/i ^^'7 the attention of this 

Ino- ii 1 11 + ^ makes it an argument before this committee, say- 
in that that was counted fraudulently against him, whv does he 
not show them, and why does he not describe those ballots? They 
neier did those things, gentlemen. ^ 

nersou mO^r/l Tfoo7 * r® "0* produced one 

77'®, 15,000 who voted; that they have not produced 

that official; that they have not produced one police officer; 

that they have not produced one of his watchers or one of these 
supervisors, who are election officials appointed bv the governor to 
show that one of tliese stickers was pasted on. I siiv that yo7 cannot 
give very great weight to that evidence. ' ' ‘ 

I''"!’ they bring in the hearsay evidence of a man who 
v as the inanager or assistant manager for Congressman Tague: and 

partizlnship.*^'' evidence, of course, is colored by 

in •*'" ■” 

Ml. Tague testified—and I. had a very friendlv regard for Mr 
Tague until he gave this evidence-he te^ified that Mr LoinLnev 
who was a great friend of the contestee in this case, had a talTwh;!,’ 

M O’fV.® House, in wliich he did not offer him a sal7y, as 

Ml . O Connell says, but he said perhaps Mr. Fitzgerald mio-ht be . 

bill t 

Lors®„e:r'a„fs7FiS;.7" ulir 

either of tlipni*?_A t iioo i ^ lui^e another tonver ation, witli 

substance of the conversation.'f’on\ersations, hut this is practically the 

Mind you, lie had .said nothing about Mr. Fitzaerald either snr. 
lendering or offering the salary to him until then. 

sakir,"'? ’■®*'®®''ing.voi.r recollection, did Mr. Fitzgerald offer .vou the two .years’ 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 33 

Feeney, who was examining that day, objected to that. Mr. 
O Connell said: 

I am not leading him. I am asking—refreshing his recollection, if that wasn’t 
.done by Mr. Fitzgerald. 

Then he answered that— 

Mr. Fitzgerald said he didn’t need the job; the money was no object to 
him, and asked me if I hadn’t had conversation with Lomasney on the subject. 
1 told him I had but that it didn’t appeal to me. 

Mr. Tague. Kead down further in the record. 

Mr. Callahax. Now, do you suppose that if anything like that was 
done, Mr. Tague, who was a witness on the stand, would have had 
to have his recollection refreshed ? And do you suppose that if there 
had been anything said, Mr. Lomasney would have said he was will¬ 
ing to surrender the salary ? 

Now, that evidence is in there; it is in there over our objection. It 
is not alleged in their specifications that any such thing happened— 
and they, of course, are bound by their specifications. Tliey allege 
that there was mone^" used at the polls; and there is not one bit of 
evidence, and you will not find it in the record, that one cent was used 
at the polls, or in the election. 

They made no charge that Mr. Fitzgerald, or Mr. Lomasney for 
Mr. Fitzgerald, said he would surrender two years ’salary; that is 
not in their specifications; and we say that this committee has no 
right to consider that evidence under the rules, and we call your 
attention to certain citations in otfrer cases in our brief. 

There is some other evidence of the use of money, and that is that 
a man who had been a representative—a man named John L. Dono¬ 
van—was offered $1,000 to be with Mr. Fitzgerald. They did not 
say that Mr. Fitzgerald offered him any money, but they said that 
Mr. Lomasney at some time during the year had given him $1,000. 

They called Mr. Donovan in, and Mr. Donovan said that there was 
absolutely no trutli in it; he said that Avas vcrong; that no such thing 
CA^er happened. But then they called in tAvo other witnesses Avho 
said that at the Parker House bar — Avhich uoav, unfortunately is not 
in existence, but Avhere Ave used to congregate once in a Avhile—they 
heai-d him say that. 

Noav, is that evidence? Is that evidence, Avhen there is the best 
evidence — that of the man himself aa ho is alleged to have said that, 
Avho comes in and says it is not true, and then they bring in tAvo 
Avitnesses Avho come in and say that at some time they heard him 
say he receiA’^ed that money ? Tliat is hearsay evidence. 

Mr. Lehlrach. Do you mean that after the witness made the state¬ 
ment they contradicted him? 

Mr. Callahan. Yes. 

Mr. Leiilbacii. Well, that is perfectly proper and legal evidence. 

Mr. Callahan. For Avhat purpose? 

Mr. Lehlrach. To contradict the witness. 

Mr. Callahan. But you do not prove the fact in that Avay; all 
that you do is to contradict him when he said that he had not said 
that lie had done that. 

Ml*. Lehlrach. That is true; but it is competent for that purpose. 

Mr. Callahan. It is competent for the purpose of proving that at 
some time he said that; but there is no evidence to shoAv that he did 
184956—10-8 


34 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


it. And that, by the way, is the testimony of two discTiintled 
witnesses who were friends and advocates of Mr. Tagne. 

Mr. Leiilijacii. I am not speaking of its value: I am only dis¬ 
cussing its admissibility and relevance. 

Mr. Callahan. It is admissible for the purpose of proving that 
he said that, but it is not admissible for proving that he got it; and 
1 do not think we are concerned with what a man said; we are con¬ 
cerned with what he did—whether he did get it. ' 

But there was no specification alleging that that thing was true, 
here ^\as no specification and no claim on the part of contestant 
that sucli a tlnng had happened. That was something that came in 
afterwards. They did not amend the specifications and bring it in; 
they thouglit it was a little laugh and a joke, and would get a head¬ 
line in the newspapers ; and that was apparently the purpose of it, 
and they did not take it seriously. 

We ask you not to consider that, under these decisions of congres¬ 
sional committees, on the ground that it is hearsay evidence, and 
also, cf course, on the ground that they did not allege it in their 
spe ncations, and they are bound by those specifications, 

Now, gentlemen, sooner or later, in considering this case, you will 
'liave come to the (piestion of whether those stickers on the ballot 
without a cross can be counted for the contestant. You know this 
camouflage about illegal registration, bloody noses, intimidation, and 
all tliat sort of stnlf is not borne out by the evidence, although it is 

t, bino-* V O’Connell has been 

talking about bleeding souls, and bleeding nations, for a good many 
years: and it comes out naturally. ’ ® ^ 

'• my equal in that. [Laughter.! 

All. C .\LL.4HAs. It is camouflage, pure and simple. We have got 
sooner or later to get down to the facts. And one of the salifnt 
things one of the things that you men will be called upon to deter¬ 
mine, and perhaps, gentlemen, one of the things upon which you are 
ping to make a precedent, is whether or not those ballots that con 
tamed certain stickers, without the cross, shall be counted 

interrupt you just a moment with a question 

SlVueSC'llS"' ‘■“""S ‘ 

wiJLf ““■* “«I” • i««i Wte, 

Mr. Rhodes. I said with a cross. 

Mr. Callahan. Oh, with a cross? 

Mr Rhodes In other words, what is the law with regard to the 
legality of ballots in your State? ro me 

Mr. Callahan. That is what I am coming to 
andl acLf? if they put a sticker on it 

u-'*' put on it and a cross in any posi- 

^easonSly aSS!!^ ® be 

Mr Ehodes (interposing). Does the law of your State authori 7 p 
the placing of any cross upon any kind of sticker? 

banotopSt?estirr?‘’" 



CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 35 

Mr. Ehodes. W ell, I say, placing a cross on the ballot opposite 
the sticker ? 

Mr. Callahan. If you place a cross on the ballot opposite the 
sticker it will be counted for the candidate named on that sticker. 

Mr. Eiiodes. That will meet the legal requirements of your State, 
will it? 

Mr. Callahan. But our contention is that if a sticker is stuck on 
and there is no cross, that is illegal and should not be counted. 

Mr. Rhodes. That ought to be easy to determine. What does the 
statute say? 

Mr. Callahan. This is section 107 of chapter 835, Acts of 1913: 

“ Ao names shall be printed on a ballot other than those presented 
on nomination papers. Immediately following the names of candi¬ 
dates, blank spaces equal to the number of persons to be chosen, 
shall be provided for the insertion of other names.” 

That is, if somebody chose to put another man’s name as a candi¬ 
date, he can either write that in or he can put it in on a printed 
sticker. 

The next section is section 108, which provides: 

a cross marked ajjainst a name shall constitute a vote for the person so 
designated. 

So our contention is that there are two things that are necessary 
under our statute: The placing of the name, which, in substance, 
places the man in nomination, so far as that individual is concerned, 
and then the physical requirem^t of marking a cross; and so, 
although we have no decisions in Massachusetts on that, we have ah 
opinion of Attorney General Pillsbury, given a great many years 
ago, at the time that the Australian ballot came in; and that has 
been followed ever since in Massachusetts, to the effect that the name 
should be either Avritten in or placed in on a sticker, and then a cross 
must folloAv. 

Mr. Lehlbach. Well, there may not be any decision in Massa¬ 
chusetts; but until last year we had a similar law in New Jersey, and 
it has been held there that if a cross is not placed on the ballot the 
A^ote does not count. So that is a judicial decision on a similar act, 
although not in the State of Massachusetts; a cross is necessary to 
count the A^ote. 

Mr. Callahan. A cross is necessary. Well, I have no doubt of 
that, and everybody in Massachusetts has admitted it, and it has been 
taken to be true by everybody; so that nobody takes the trouble— 
even Mr. Tague did not take the trouble—to go to the Supreme 
Court and find out. 

Mr. Lehlbach. You must also bear in mind that Congress, in 
judging the election and qualifications of its Members, is not bound 
by a State statute in determining what the. voters intended to do. 

Mr. Callahan. I have no doubt of that. Congress has the power 
in determining these things; but I believe that a congressional com¬ 
mittee, and Congress, too, Avould usually follow a custom in a State 
like Massachusetts, or in any State, for that matter; and it was only 
last year, in the case of Britt against Weaver, that the House said a 
cross was necessary; and in that case, as I understand it, they de¬ 
posited a ballot with one name on it, and the statute said a cross was 
necessary, and when a cross was not there they did not count the 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


votes. And in Massachusetts, where we have a ballot with several 
names, you can see the absolute necessity of placing a cross in order 
to have the ballot counted. 

Mr. Elston. Well, in the Britt case was it not true that the names 
ot the candidates were printed on the ballot, so that that would 
present a diiierent set of circumstances from the case where a name 
IS not printed on the ballot and has to be fixed on by a sticker? In 
the latter case there is an affirmative act of the voter in placing the 
sticker on, indicating to that extent his desire to vote for that indi¬ 
vidual; and then the cross would be a further indication of choice 
winch would be employed ordinarily after the name of a person 
printed on the ballot and presented for his attention. I do not know 
whether the Britt case was a case in point; it might present a some¬ 
what similar set of circumstances. 

Mr Callahan. Well, I think our case is a very much stronger one 
than that. In that case they had two separate ballots, as I under¬ 
stand It; and the statute required that that ballot, with only one name 
on it, should be crossed. Xow, if you have two candidates to vote 
tor and you have two separate ballots, the depositing of that ballot 
ordinarily without a cross would be pretty close, conclusive evidence 
of the intention of the voter. 

Yet the Eepublican Members of this House said that was not a 
vote, and they insisted that the cross should be made. 

Mr. Elston. If there were one single name on that ballot—of 
course, if there were other names it would not qualify the particular 
name, and that might carry out your argument; but if there were 
only one name on the ballot in the Britt case, I should say that 
was- 

Mr. Callahan (interposing). Well, the argument is very much 
in our favor in the Britt case. ^ 

Mr. Elston Wdl, it depends. On the ballot which contained 
the name of Mr Britt there may have been a great many other 
names, and it is hard for you tell whether that single act of prefer- 
name would be counted as a ballot. 

Mr. Callahan. Well, as I understand it, there was one ballot with 
one name Now, whether or not that was the intention, it has always 

following the opinion of the Attorney 
Oeneral at the time that the Australian ballot was adopted, that the 
cross IS necessary-—two acts are necessary, either writing the name 
in or inserting it in the form of a sticker, and then the second act 
o making an affirmative mark of a cross—to affirmatively mark the 
Those two things have always been held necessary. 

Mr. Tague knew that, and Mr. Tague sent out a great many adver- 
[imhcTtmg]!‘^"^“®'~^“*' ^ attention to tins ballot 

Here is a sample ballot sent to every voter in the district- and 
with this ballot there were included several stickers with instruc^ 

“You tve «« instructirsaid, 

You have got to write the name or place the sticker in the blank 
space, and then niark the cross. Be sure to mark the cross where 
this hand points after you put the sticker on ” 

in J of* understanding of it then; that was the understand¬ 

ing of the voters, and that was the understanding of every man 
familiar with the election laws in Massachusetts. ^ 




CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 37 

These [indicating] are exhibits, I meant to send them in; but they 
were misplaced. In these two circular letters [indicating] he says 
the same thing; 

Be sure to mnrk a cross with yoiir pencil at the right of the sticker and the 
name. 

And in this other ])lace, too, he says: 

.And mark a cross at the right of the name. I am sending to you inclosed a 
sample ballot and stickers, with com})lete instructions how and where to place 
the stickers or write the name and mark the cross. Above all things, remem¬ 
ber that after the sticker is pasted on or a name written in it is necessary to 
mark a cross at the right with your pencil. 

And then in the newspapers, during that same time, gentlemen— 
to show you that there is no doubt, or that there should be no con¬ 
fusion in the minds of the voters—we have this advertisement: 

How to use stickers and vote for Teague: To vote for Teague for Congress 
you may either write his name, “ Peter F. Teague, of Boston, Mass.,” on the 
ballot, and mark a cross alongside, or you can use a sticker. In using a sticker 
simply moisten the gummed side and stick it on the ballot. Do not forget to 
place the cross alongside; otherwise your vote will be wasted. 

Mr. Elston. Is there any agreement between both sides as to the 
nuniber of ballots which contained the sticker in which the cross is 
omitted ? 

Mr. Callahan. No; that has been my contention from the begin¬ 
ning, that that is not in evidence.^ 

Mr. Elston, So that you can not make any estimate here of the 
number of such ballots? 

Mr. Callahan. IVe have our own private estimate, because when 
Ave had a recount and were taking that evidence, we were a little lazy 
and we got a description of those ballots for ourselves, but we did 
not force a recount of those ballots. We say that the election com¬ 
mission gave him eA^erything, and catti if they gaA^e him everything 
he has not enough to elect him. 

JNIr. Rhodes. I was not here a part of the time, and I ask you to be 
patient with me if I ask you to help me to fix in my mind the legal 
requirements of your State, Do I understand you correctly to say 
that it is mandatory on the party of the statute of your State to 
indicate the preference of the voter bv a cross on the ballot? 

Mr. Callahan. Well, I Avill not say that it is mandatory, because 
the courts have never said it was mandatory; but the statutes clearly 
say that it is necessary, and the Attorney General has said that it 
Avas necessary. 

Mr. Rhodes. ITell, Avhat is the fact as to whether or not the elec¬ 
tion boards count a ballot for or against a man where there is not 
a cross opposite the name? 

Mr. Callahan. The election boards will neA^er count a ballot when 
there is not a cross alongside the name. 

Mr. Rhodes. lAhat are the facts in this case in regard to the bal¬ 
lots counted in favor of the contestee, as to some of these ballots not 
having a cross opposite the name ? 

' Mr. O’Connell. They were counted- 

Mr. Rhodes (interposing). Just a moment; let me finish. Were 
all the ballots rejected that failed to Idcrt a cross—^both those for 
contestant and those for contestee? 



38 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEEALD. 


contestee’s and the contest- 

name r"/ ®“™® >*■ contestant’s 

name was placed on there—— 

Mr. Rhodes (interposing. Just a moment. It was a fact that 
their nmnes were on the same ballot, was it not? 

nut on exception that Mr. Tague’s name was 

put on by a sticker, or written in. 

th^fo difference, whether it was put on in 

the form of a sticker or written there_ ^ 

Mr. Callahan (interposing). There is no difference. 

|;Tw ;jz£ is; , ™»Vsz; 

STof ."“r. •>“ "“»> 

Mr. Callahan. No, sir; not counted for anybody. 

Mr. Ehodes. Is that conceded on the part of the contestee? 

Ml. Callahax. Undoubtedly. 

Mr. Rhodes Then how does the materiality of that cross arise in 
this case, to the extent that it affects anybody, if there is no dis 
agreement as to that? 

Mr. Callahan. Well, there is no disagreement on the fact that 
counted; there is disagreement as to whether thev 
be counted. They say that the act of putting a sticker on the 
ballot, yuthout the cross, should be counted as a vote- ^ye sav that k 

th°en tiw c“ ‘fint k® f I’^qui^ed putting the name on and 
len tne cioss.^ that is clearly borne out by the statute_or rather 

it is in a decision of our supreme court, and it is in a case cited bv 

221 Mass. 225, where the court said^ 
We find no express provision, prohibiting the voter if he chooses 
such mode of expressing his right,'from placing a written or Xted 
1 p beanng the name of another person over the name of a candi 

by^makinga cross in tHra^p^opS; 

^ decision of the supreme court of the State; and they 

blal^ppofiteThe nai^e""" «'® appropriate 

1 on vnll notice that they use the word ‘‘ and ” 

law\'nfcXse5"' '' """ contention-that that is the 

they disagree”a7to'^thThiw,''k^^^ tike X^^tand ’tlhrCo''*'*'®'’® 

fh^y'keS Mas^eht\t?lft^ebTfr:: 

quSo^Xd^ou Lfir^g^lZettT t 

soTofth'TacTthatEi”’*’ ‘be-contestee lost any ballots by rea- 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEEALD. 39 


Mr. Overstreet. Does it appear in evidence that the contestee lost 
any votes in the same way that the contestant claims that he lost 
some votes? 

Mr. Callahan. Yes; among those 15,294 ballots you will find a 
number where the contestee’s name is printed along with the name of 
the Republican candidate, and there is no cross there. 

Mr. Lehlbacii. There is no presumption that those ballots were 
intended to be counted for the contestee? 

Mr. Callahan. No. 

Mr. Lehlbach. But there is a presumption when a man places 
a name on the ticket, that he intended to vote for the man whose 
name he writes, is there not? 

Mr. Callahan. You may say.that there is a presumption; but 
under the circumstances, when it is known and has been advertised 
extensively that those two things’are necessaiy, who is going to say 
what was the intention of the voter when he failed to mark that 
cross ? 

Mr. Lehlbach. Have you any suggestion as to what was the mo¬ 
tive of the voter in placing the sticker on the ballot without marking 
the cross—as to why he placed the sticker on the ballot and did not 
mark thfe cross ? 

Mr. Callahan. I can not say positively; it is a matter of con¬ 
jecture. 

Mr. Lehlbach. Well, have y^i any suggestion as to what his 
motive might have been ? 

Mr. Callahan. Yes, I have this suggestion: In the first place, 
that is an old Democratic district. As the newspaper men well 
know, there are only a few thousand Republican votes there. The 
men there, fathers and sons, have voted the Democratic ticket year 
after year, until it becomes a sort of religion with them, and they 
do not like to cut the ticket, a great many of them. 

Now, there was a lot of provocation in this case, under the cir¬ 
cumstances. Mr. Fitzgerald came into this district. He had repre¬ 
sented it years before in Congress, but he was not living there at the 
time of his election. A lot of people resented that, and yet, with 
that resentment, gentlemen, and feeling at the time that they were 
going into the polls, that they might have wanted to vote for Mr. 
Tague to show that resentment; and yet, when they got into that 
booth all alone, who is there to say what happened at that moment? 
Why did they not place the cross on the ballot? If they failed to 
place that cross there, and knew it was necessary, who is able to say 
why they failed to place it there ? 

Mr. Lehlbach. They had to fix a sticker on the ballot- 

Mr. Callahan. They had to fix a sticker; exactly. 

Now, there is another reason: Our courts have always held, and 
I presume they have held all over the country, that that is a mere 
conjecture; that it is a question of the intention of the voter; and 
when the courts have been invoked, when it is a question of the plac¬ 
ing of the mark, they say, “If you cannot tell by the mark, if you 
cannot tell by the affirmative act of the voter what his intention 
was, that vote shall not be counted.” They say that when the inten¬ 
tion of the voter is left to conjecture, that ballot shall not be counted. 

Now, that is the rule in Massachusetts, and I think it is the rule 
universlally in the courts of our country. 



40 CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 

fi Tliere is no controveTsy liere, in the way in which 

the ballots were brought out and the stickers put on them, that a 

**M booth with a sticker already on the ballot* 

Mr. Callahan (inter]iosing). No. 

(continuing) So that you might see that he came 
crosstt balToS' the 

Mr. Callahan. No; that would be impossible. 

\ probable-I ^ruess it is true in that 

neon fnrp T country—that some of the 

people are not educated and can not read and write, and do not 
understand how to fix up their ballots? 

shows that he^an Sand w"S'® "" examination and 

la JuafeT™"'''"'' English, or in any 

lauaL^'^“;f it in English. Now, the contestant 

dislTict tha be hnl' ®*' because that is a 

ciistiict that he has represented in Congress. There is not a mm 

Iv ve f|««bfled voter in MassacluLsetts who does not 

S ates to show dLT® the Constitution of the uhted 

* fbow that he can read, and then write his own name so 
* AT * ® signature there before them. ’ 

(leSecKolhe WaH^ *1'® S»P/eme Court of Massachusetts ever 
®AT * ® legality of a paster without a cross ? 

Mr. Callahan. No; they have decided that a paster can be nut 
on, and if the paster is put over the name of a candkhMrand'the 
place IS marked Avith a cross, that counts for the candidate whose 
Mr PN^stof’ r®®*'"®® ^be voter’s intention, 

questionr ■® °"*.side of Massachusetts on the 

No. I think Massachusetts ivas one of the first 
cisioS of otto Zte^ ‘’^ban ballot I did not look at the de- 

citon; but I know it tsto.lTeld b^tirdiie^VSi^e S ’ 

a ssa 

* «: rfi.M. I might 

Mr. (bALLAHAN Since sometime in the late eighties I think 

th“Af— 


CONTESTED-ELECTION CASE OE TAGUE V. EITZGEKALD. 41 

they have never been asked to' make one. But at the beginning of 
this Australian ballot system there was a case something like this, 
and an opinion was asked by the legislature of the attorney general 
at that time, and Mr. Pillsbury, who was one of the greatest lawyers 
that Massachusetts ever produced, gave his opinion, and I have stated 
that opinion in my brief. It w^as a case where a man’s narae was 
printed on the ballot, and another candidate was running for that 
office on stickers, as Mr. Tague was in this case; and in that case the 
attorney general gave his opinion to the legislature, and said that the 
nross was necessary. The voter intending to vote for the sticker 
candidate should not only place the sticker on, but should indicate his 
choice, as he says, by the affirmative act of marking the ballot. 

Now, that has been taken as the law in Massachusetts. The Massa¬ 
chusetts Legislature has always followed it. Mr. Tague knew it, as 
was shoAvn by his advertising. There is not an election board in Mas¬ 
sachusetts that will count a Amte—a sticker Amte—upon Avhich a cross 
is not placed. 

Mr. Bhodes. Has there been a recount of the ballots in this case? 

Mr. Callahan. Yes; there has been a recount. 

Mr. Rhodes. What is the difference between the total vote cast 
between contestant and contestee? 

Mr. Callahan. Tavo hundred thirty-eight votes. 

Mr. Rhodes. Two hundred thirty-eight. And on that difference 
the certificate of election went foAhe contestee? 

Mr. Callahan. Yes. I am afraid I will liaA^e to ask the indul¬ 
gence of the committee, because there are two or three things upon 
which I haA^e not touched. 

The Chairman. Go right ahead, Mr. Callahan. 

Mr. Callahan. One of the things is the fact—and Mr. O’Connell 
knows this A^ery well, because when his case was decided here in Con¬ 
gress some 10 or more years ago he argued the thing very extensively 
at that time—that is, that the gentleman did not avail himself of the 
opportunity guaranteed to him under the laws of Massachusetts. 

Of course Ave concede that this committee in Congress can set aside 
any decision, if they see fit, of a court in Massachusetts, but we say 
that it was up to him to go before the Supreme Court, as he could go 
on a writ of mandamus, and open up this Avhole question and decide 
the question once and for all; but he has always asserted, gentlemen, 
openly and brazenly, that he did not care about the decision of a 
court ; that he did not care about the decision of the governor and 
his council if Avhen they could give a recount—they decided against 
him—that he did not care about any of those things; that he could 
come doAvn here to Congress, and he could put this thing over, and 
he could absolutely get this beat. 

Mr. O’Connell. We challenge that. 

Mr. Tague. I challenge that. 

Mr. Callahan. That is absolutely true. 

The Chairman. Is that in the record ? 

Mr. O’Connell. No ; of course it is not. 

Mr. Callahan. AYhat I am saying is absolutely true, and you 
know it. 

Mr. O’Connell. You proA^e it. 

Mr. Callahan. My word is better than yours. 


42 


CONTESTED-ELEC^TION CASE OF TAGUE V. FITZGERALD. 


^ ^Tentleiiien, we can not have these personalities. 

i\Jr. Callahan. I am sorry that that entered into the tiling, but 
those things have been made, gentlemen, and I beg your pardon if I 
have in any way transgressed this case. I did not like to do it. it is 
not my nature, but sometimes Ave get a little hot. and this was a 
pretty hotly cont:sted case. 

They did not go to tlie Supreme Court. If thev were not .satified, 
gentlemen, if they ivere not sati.sfied witli the recount of the election 
commission—and there is no dispute here that there was a fraud on 
tlie part ot the election commission in this recount—there is no dis¬ 
pute about tliat. They make some claims about the actions of the 
election board af the recount of the primary, but not one word of 
complaint about their actions on election day. He says—if I mav 
digress for a minute—he says, gentlemen, that the election commis^ 

tW fwoTh , h vaults and that it was arranged between them 
toat t\io should go, one Republican member and one Democratic 
membei, ancl he says that a Democratic member went there alone 
Thn^f not 1 f gentlemen What difference does it make* 
reakV Thlf'® • ‘i®*® ballots, gentlemen, are in envelopes, 

sealed. I hese envelopes, in turn, are placed in these leatheroid boxe.s 
and then tied up and sealed with wax. and bear the signatures of the 
officials wdio last opened them. In one ease it would be the election 
commissioners and in another it would be the ballot-law comni^ 
sionens, and if those ballots had been opened the .seal will be .seen 
by the notaries vjo heard this case. There is not any evidence that 
there was a seal broken in this ivhole case, gentlemen'. There is not 
any evidence here that a ballot was tampered with. There is not one 
bit of evidence affecting the honesty of any one of those officers ex- 
othm”s\de.'^^ baseless charges and comments made by counsel on the 

tio?to®X®l!crtW H "P®" atten¬ 

tion to the tact that the .seals are intact,” and I insisted on that 

I insisted oii Riat in every case, where a ballot box was opened the 
condition of the seals should be noted for the record, because, with¬ 
out any basis for it, wuthout any reasons for their contention thev 
were constantly saying these men were acting fraudnlentlv’ and 

the b^xerare fS se^ed?”^’'''"’® suggestion is right; states that 

There S."' ' 

not trivial, and is it not frivolous, gentlemen to trv 
to allege franc! by reason of the fact that a man foi the sate of con¬ 
venience goes to bring some of the ballot boxes, when every on^oV 

Riose seals W'ere intact, and there W’as not a bit of evidence that thev 
were tampered with. t^viuenee raat tneA 

^ow, gentlemen, what I said about the cross in relation to the six 
IS very true in relation to the names written in. We say that everv 
Mme that was written in where there was a cross was'^couded for 

without any first name and with nothing behind the name. 


a 



rOis^TESTED-ELECTIO^J' CASE OF TAGUE V. FITZGEKALD. 43 

but the cross there, and it was counted. We have crosses in there, 
gentlemen, that are placed under the designation of United States 
Senator, but they were counted for Mr. Tague. We have crosses in 
there in the place for governor, but it was shown—the election com¬ 
mission said that it showed the intent of the voter—that it was 
intended for Mr. Tague. Every disputed ballot, gentlemen, was 
counted for Mr. Tague except those ballots where there was no cross. 
So the whole thing will narrow down to that—whether or not the 
cross is necessary. 

Mr. OvERSTKEET. It is alleged in their brief that where the Tague 
name was not correctly spelled it was thrown out. 

Mr. Callahan. IVe say that is untrue; that every one of those were 
counted. 

Mr. Elston. Do you mean to touch on their contention that there 
is no ditference in the way a person votes, so long as his intention is 
plain ? 

Mr. Callahan. Yes, I do; I will come to that. 

Mr. Elston. If you will, before you close. 

Mr. Callahan. They base their claim, sir, on two reasons: First, 
that there was coercion and intimidation. Now, they bring into this 
case three men to show coercion and intimidation, and those three men 
were workers and watchers for Mr. Tague on that day. You under¬ 
stand, sir, that there is some evidence in the record about something 
that was done at the primaries, but I have now reference to the elec¬ 
tion of Mr. Gibbons, who was one of Mr. Tague’s lieutenants, and a 
friend of his named Mr. McCarthy, and another friend of his named 
Glynn. Those three men, with a young fellow named Burlen, are the 
witnesses, and the only witnesses, who were brought in here to show 
coercion and to show intimidation. There is no evidence, sir, that any 
voter was intimidated. No voter was produced, no voter was brought 
in to say he was intimidated—no one was brought in to show that 
there was intimidation in this case. Mr. Gibbons was the one who said 
that he knew more than anybody else about this illegal registration, 
and I call attention to his testimony in our brief. Sir, Mr. Gibbons 
did not go to the homes of these men the 1st of April or after that to 
find out whether or not they had lived there on the 1st of April, 
but he took the names, some names, mind you—he took some names 
from the street directory and from the telephone directory, although 
in neither case was the directory nor the telephone book brought in as 
evidence. 

He said he found those names in the book and “I found it in the 
directory”; and because that name of a man living in Dorchester, 
which happened to be of similar name, who was not a legal voter— 
they did not show any connection, sir, between the man in the 
directory and the man in the telephone book with the man who 
was named as a voter. They did not show that they Avere one and 
the same person, they did not connect that up af all. 

Now, sir, there were some witnesses who came there and avIio testi¬ 
fied and we say that if you examine their testimony you will find out 
clearly that they are bona fide residents and bona fide \mters of that 
district. He calls attention specially to Mr. McCarthy of the Quincy 
House, and he talks about the palatial residence in Newton. Mr. 
McCarthy is a citizen of Boston, has a home in Newton, has a home 


44 


CONTESTED-ELECTION- CASE OF TAGUE V. FITZGEKALD. 


the right, under those circumstances, when his 
wire hyes with him at difterent times to live at eitlier place, and has 
he not the right on the 1st of April, either on tlie day b,efore or some 
time before, to go there and remain there some time after, to take 
Ills Wite to that hotel which he owns and call that his domicile? We 
say that, under the Massachusetts law, he has that right, he has the 
right, it he has those three homes, sir, to go down to Hull where he 
spends several months in the summer. If he goes down before the 1st 
ciay ot Ajiril and stays there and intends to make that his legal resi- 
ence he has the riglit to say that that is his domicile. We have our 

IfpTI V House before- 

• ® “”1 h' tliat time to make that his domicile, 

tL ]stof'A,l“Vi'® ‘‘li It is his fight, gentlemen, before 

the 1st of April to go there and make it his domicile, if he chooses. 

T 1 because he wants to protect his license 

1 do not know why he goes there, but he testified that his wife lives 
Uiere vuth him. He owns the hotel. Pie says he goes there to nrn 

Now, then, he tells us about these others. There are about 40 or 
oO men Imre, and our contention is that those men were bona fide 
voters. These men say that they were not. There were a gre^ 

g®ntiemen, the summonses were 
n delivered. I want to call your attention to one thino- 

.th of Maich, on the 5th of March, something like 40, between 40 
mid oO witnesses, were called to be examined, and my friend, Mr. 

Mr. Fitzgeeald (interposing). No, somethimr like 180 

it k noM 8o'h1fhundred and eighty of those subpcemed-no, 

TTnheO ViPt ^ snhpoenms to one of the assistant 

United^ States marshals to bring m—to serve in half a day. Those 

were given at 11.30 on that day, and under the statutes a iLn must 
be given five drays’ notice. They were given to the United s“tes 

Seier' ' bring t si 

Mr. Elston. One the same day? 

On the 6th day, but they had to be servide that 
day, and there was no attempt to serve them on that day until 11 30* 

thSon1h“ame"£y..‘° """ be returned 

Mr. Elston. As having been served ? 

Mr. Cvllahan. No; they were not served, 
thm*- ^ 'Pbe returns show what the marshal did with 

Mr r^t^N n"®® have to be personal? 

Mr': “■ “ 

Mr. McGlennon. What do you say on that? 

Mr. Callahan. I say the returns show no service. 




CONTESTED-ELECTION CASE OF TAGUE V. FITZGEEALD. 45 

Mr. Overstreet. On all 89? 

Mr. Callahan. Not on all 89. You will find on an examination 
of those that about 84 or 85 of them were returned without service. 

Mr. Elston. That is their explanation of their accusation that a 
great many who were subpoenaed did not appear? 

Mr. Callahan. That is one of the explanations. 

Mr. Elston. That they were not served ? 

Mr. Callahan. Exactly; and they were not summoned correctly, 
and that these men charged those particular witnesses with not show¬ 
ing up. I w^ant to call to the attention of this committee that two 
of the men who were served legally, whom we called upon to prove 
a complaint against the gentleman, Mr. Tague, of his accepting 
money when Mr. Lomasney made the accusation. Although those 
men were properly served, and served with a fee in hand, they abso¬ 
lutely and deliberately refused to come in and testify. Where the 
summonses are served legally, or when they are served in hand, and 
when those men refuse to come in, it is going pretty far when they 
accuse other men who were not served properly and who did not 
receive, in many instances, the summons. 

Now, when they could not prove the illegal registration that 
we—and mind, gentlemen, if they had started early in their 40 days 
to do this, and then made an attempt four or five days later to 
bring witnesses in, I Avould not mind, but all of this w*as done in 
the last two or three days of the hearings. They made no attempt 
before that to bring those witnesses in. They tried to bring them in 
the last two days, and when ^bey did not get them in they laid these 
charges recklessly. ^ 

When they did not get these witnesses in Mr. Tague took the 
stand, and Mr. Tague told about every one of these witnesses, of 
these men who had been, they said, legally subpoenaed, we say im¬ 
properly. Wonderful memory! I should say he has a wonderful 
memory, gentlemen, a wonderful memory! He sat down for a day 
and a half and he read from the evidence, or testimony, gathered 
by inspectors, by investigators. That is his wonderful memory I He 
admitted to us on the stand that those things, his testimony, was 
given from the testimony of investigators; and we say that all of 
that evidence is improper: that that is hearsay evidence, and a con¬ 
gressional committee, gentlemen, has said that such evidence shoidd 
not be considered in a case of this kind. It is up to them to get the 
best evidence, and we had no chance to examine this record or those 
notes from which Mr. Tague testified, we could not get the names 
of the men who had gathered that information so that we could 
cross-examine them and find out whether it was given properly or 
not; we could not look at the lists that Tague had, and yet he testi¬ 
fied from this gathered information, all of it hearsay, all of it 
clearly inadmissible, and then gave his testimony on 400 or 500 men 
whom he says are illegally registered voters. Now, we think that a 
congressional committee is going to insist on getting proper evidence, 
and I want to call your attention to the form of the question that 
was given to Mr. Tague at that time. 

Mr. Ehodes. Did Congress authorize the taking of this testimony, 
Mr. Chairman? 

The Chairman. Oh, yes. 


46 


COI^TESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Mr. Callahan. This was the form of question to Mr. Tague: 

information have yon in regard to H. H. Cannon, registered from 102 
Liidicott Strecd and eertitied to as having voted in the State election? 

Pie says: 


1 registered and voting from 102 Kndicott Street, is a liquor 

dealer at 148 Levering Street 


“AVhat infoi-niation have you. Mr. Tague?” and Mr. Tague sits 
down and reads the information, information that was gatliered, he 
said, m some instances by himself, but in most instances by some of 
tlie investigators; and all through there, “ tVhat information have 
you in regard to George D. McNeil?” “What information have you 
m reg-ard to John F. Leonard?” What information have you in re¬ 
gard to Frank S. Moylen?” and all that sort of thing. Now, that is 
not evidence, gentlemen, as to the question of illegal registration. We 
ask that that evidence be thrown out because it is clearly not the best 
evidence, and we cite cases which I called to your attention here, two 
particujar cases, in which Congress has held, or one case particularly, 
in which Congress has held that the reading of testimony like that, 
gathered by inyestigators, is not admissible, and so we now ask yon 
to throw that out. 

All tiiat thing, gentlemen, went into the question of illegal registra- 
tion. The question of illegal registration could have been detennined 
betore the election—could have been determined by the election com- 
missioners. 


TTihr Jr, vT to t5‘e fact, gentlemen of the com¬ 

mittee, that Mr. Tague might have filed a petition with the Boston 
Flection Commission asking them for the removal of these names, 
these names that he now charges as being illegally registered, a few 
days before the election, or some 14 days before the election, as is 
required by statute; he asked the Boston Election Commission to 
investigate these names as to whether or not they ivere illeo-allv 
registered, and he never went forward with his petition These 
men wrote to Mr. Oyonnell, they wrote to Mr. fague, they per¬ 
sonally asked Mr. O Connell and Mr. Tague to come Tn and show a 
prima facie case and that is all they had to show. Why. gentlemen 
if these men had gone before the Boston Election Commission under 
the statute which I cite in our brief, it would not make any difference 
whether those men came or not, if Mr. Tague were to bring a wit- 
ness who would come in and say “ I know this man; I know he does 
not live there; I Iniow where he lives,” and would sav where he lived 
making out a prima facie case, as a consequence of that, that man 
would be thrown from the list. Every one of those men. if he could 
have made out a prima facie case on his petition before election if 
hJt^ registered, would have been thrown from the 

list; and I say when he did not go forward before the election com¬ 
mission properly and at the time that he filed the petition he wTs 
not sincere, he did not want to go before a properly constituted tri 
bunal to prove his case, but he wanted to go befb-e two notaries who 

had no power to exclude evidence and to allow the lar<rest latitude 
in the admission of evidence. iai,,est latitude 

There was constituted a board-not only that, gentlemen but he 
could haye gone further and held an inquest if he chosrCt hf d d 
not do It in this case. He could have gone to the Supreme Court 


CONTESTED-ELECTION CASE OE TAGUE V. FITZGERALD. 47 

Oil a writ of mandamus, and he did not do any one of those things. 
I say to you gentlemen that those remedies were at hand right in 
his own State where the witnesses were, and, gentlemen, we have a 
judiciary of which we are very i:)roud. Sometimes they say that some 
of our judges in certain matters may not be progressive, but I have 
never heard one thing said on the honesty or integrity of our ju¬ 
diciary in Massachusetts. When those men had those remedies at 
hand and did not use them there is only one fair inference that can 
be drawn, and that is that he did not have confidence in his case 
and that he could not prove these things. He went in a loose and a 
disordered way before his own notary, where we could not exclude 
evidence, where our objections would only be noted so that we could 
prove to this committee in that way that these were illegal voters. 
I say, gentlemen, that when he did not take these proper remedies it 
shows a lack of faith in his own claims, and that ought to be seri¬ 
ously considered by this committee. 

As to Mr. Tague: I do not know that you want to hear me much 
longer and am rather tired, but I have not covered the thing. How¬ 
ever, remember this, gentlemen, I have just one word regarding col¬ 
onization. There are 22,000 men over the age of 20 years in this 
ward 5 where they say there is so much illegal registration—Mr. 
Lomasney’s ward—and there are only 4,700 voters. Now, if there 
was any attempt at colonization, I mean if there was any desire in 
that district to register those votes they could have a voting list of 
10,000 if they chose to have it. You men have been in politics—all of 
you have been in politics mo^ or less. This is not a case, gentlemen, 
where a man has consistently fought another man; this is not a case 
of where Mr. Tague went out four or six years ago fighting this terri¬ 
ble, infamous thing that exists in that district. This is a case of 
where Mr.’ Tague, four years ago, was nominated and elected by the 
same man against whom he now brings these charges. He is the 
foster child of the man he now alleges to be a crook and a thief and 
responsible for all these questions, for this crime of which he makes 
serious allegations. Mr. Lomasney, whom he now charges and at 
whose door he lays these serious charges, was the man who was first 
of all responsible for Mr. Tague’s election, because, in a very spirited 
and bitter contest some four years ago Mr. Tague could not have 
been elected without the support of Mr. Lomasney. He does not 
come in here as the consistent enemy of Mr. Lomasney, he comes in 
here as the disappointed friend of Mr. Lomasney; ancl, at the time 
or during all these past two years, gentlemen, he curried the favor 
of and he was at the door of Mr. Lomasney night and day, wanting 
his support; and you have got to take that thing into consideration 
when you weigh his evidence, gentlemen. 

He says that in April, 1917, Mr. Lomasney threatened him with 
defeat. '^There is a letter, which perhaps it is not admissable as evi¬ 
dence which can be considered by you, because it is extraneous; but 
the date is important, and the familiar way in which it is written is 
important when he says, in 1918, '‘Dear Martin,” a year later, a 
year after the time, gentlemen, that he said that Mr. Lomansey 
threatened him—“ Dear Martin”; and it is signed "Peter’’; and he 
wants to know the name of a contractor, because he is going to be 
able to get in on building some cantonments. Now, gentlemen, that 


48 CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


is not perhaps at issue here, but the date of it is at issue to contradict 
Mr. lague, to contradict the evidence of the contestant in this case, 
be(‘ause wlien he says that he tlireatened him in 1917, wlien he has 
no evidence in black and white, when he is in collusion with this man 
Mdiom he now charges, or he is at any rate as friendly as any two men 
possibly can be. You have his own evidence, as you will see in an 
examination of his testimony where two weeks before the primary, 
two weeks before he went to this terrible monster, Mr. Lomasney, 
and asked him for his support—well, now, gentlemen, if he had con¬ 
sistently opposed this terrible man, if he had not received the same 
layors against which he now complains, I suppose that you ought to 
weigh this evidence and give great weight to it, but when you con- 
that he was constantly currying the favor 
ot this man, that two weeks before the primary he went and asked 
IS siijiport, that only a short time before that he was writing fa- 
miliar letters to him, I think that you can not lay great Tveight upon 
the testimony of Mr. Tagiie. , ' & i 

Mr. Ehodes. This gentleman, Mr. Lomasney, to whose prominence 
you have refm*red, how is it that he is a man of such importance and 
consequence to a man seeking political preferment ? 

Tague. He is the whole story down there. 

Mr. Callahan. He is the man whom this morning Mr. O'ConAell 
charged with every conceivable crime under the sun. 

Mr Erodes. That hardly answers my question. What- do you say 
as to the importance of this man ? Is that true ? 

untrue ‘ assertions of Mr. O’Connell are absolutely 

Mr. O’Connell. Why do you not answer his question? 

Mr. C.ALLAHAN. It IS true, of course, and eyerybody will admit that 
has tremendous influence. 

Mr. Erodes. How does he obtain that influence? 

Mr. Callahaxl Well, I want to tell you this: Mr. Lomasney has 

ot the Massachusetts Senate; he was a member of the House of 

a member of the Constitutional 

Mr. Ehodes. What is he now ? 

Mr- O’Connell. He is a political boss. 

• ^ citizen, a citizen who Gov 

McCall two days ago said was one of the biggest men in Massadiu 
setts, and he said that when the history of the Constitutional Con 
vention, which we have just ended there, shall have been written Mr 
Mr Ehod's' biggest man in the whole convention 

of “at cTty r' organization 

position except he is on the State com- 
Mr. O’Connell. He is boss of the ward. 

they mighTcIn 

de“.‘ ■ know is that his influence is worth a great 

alwysSki^g C it"*^ thought it was, because he was 


CONTESTED-ELECTION CASE OF TAGUE V, FITZGERALD. 49 

Mr. Elston. Mr. Callahan, there was some statement made about 
the difficulty in examining witnesses brought in by the Fitzgerald 
interests there at the review of the primary election, or the final 
election, I have forgotten which. 

Mr. Callahan. None at the election; it was before the ballot-box 
commission. 

Mr. Elston. Will you dispose of that? It is very important to 
go into that matter of the refusal to permit the Tague interests to 
cross examine the witnesses brought in at that hearing. They made 
quite a point of it. 

Mr. Callahan. Yes; they made quite a point. The ballot-law 
commission had certain issues before them and they confined them¬ 
selves absolutely to those issues. The question of illegal registra¬ 
tion was not in issue, but Mr. Tague and Mr. O’Connell broadcast, 
through the newspapers of the city that here were men who were* 
voting under the names of dead men, and they said that these men 
did not exist. The board called these men in and showed that they 
did exist. That was about the fifteenth day of that hearing. 

Mr. Overstreet. What is your comment upon the inference we' 
might draw here that the contestant expects us to review possibly 
the legality of the primary election; and if that is settled by us 
pjresumably giving him the seat, have you any comment to make on 
that as to our right to go into it, or say what we might do if we 
decided in favor of the contestant along that line? 

Mr. Callahan. I do not sa^^that Congress has not the right to 
go into that. At the time we contended in our answer, in our speci¬ 
fications, that that did not come within the purview of a congres¬ 
sional committee, but I am not so sure that it does not. However, at 
any rate, our argument on that is this: That here was a primary 
where a recount was had before the Boston Commission, a bi¬ 
partisan commission, with a unanimous finding in favor of Mr. Fitz¬ 
gerald; and that their findings were reviewed by the ballot law 
commission, another bipartisan board appointed by the governor 
of Massachusetts. That was a unanimous decision in favor of Mr. 
Fitzgerald. Then, a petition was brought under that statute which 
gives them the right of inquest, which they did not press, to show 
that their claims were valid ones, or that they had any faith in the 
contentions or assertions that they made. We do not believe, sir^ 
that this congressional committee is going to say that a recount 
board of Boston is a dishonest recount board, and that they are now 
without evidence to show that they are; and there is no evidence in 
this case. There are some assertions by my Brother O’Connell^ 
but we do not believe after this case has been reviewed and a unani¬ 
mous finding made by another board, a bipartisan board, appointed 
by the governor with no connection between either one of these 
candidates, that this congressional committee is going to say that 
the recount board, or the board of review, is a dishonest, or a dis¬ 
honorable board. That has been the trouble with this case. 

If in the case of the election commission they found against this; 
man, they said, “ Why, they are dishonest; they are corrupt.” Then,, 
when they went a step further and they went up to the ballot-law 
commission and the ballot-law commission found against them, they 
said they were corrupt; and the governor who certified it, and tha‘ 


134596—19-4 



50 


CONTESTED-ELECTION CASE OF TAGUE V, FITZGERALD. 


^rovernor who appointed supervisors at his request was corrupt; and 
that has been the process all the way through, that one after the 
other, when the finding was against him, that each one of them were 
corrupt. Now, I do not believe that unless you have substantial 
evidence and conclusive evidence against the integrity and the hon¬ 
esty of these business gentlemen that you can 'o behind the findings, 
the unanimous findings, of those boards. ^ have lived in Massa¬ 
chusetts and have been in politics, more or less—Mr. O’Connell more, 
Mr. Fitzgerald less—they were in it more and I was in it less; but 
we know the integrity of the boards there in Massachusetts, and we 
know the integrity of our courts; and we know the character of our 
governors; and we know that the men who found against them on the 
tacts as they appeared to them have been reappointed, the chairman 
of this election commission only a month ago was reappointed with¬ 
out objection on the part of the men, and the man who is chairman of 
the ballot-law commission was reappointed the other day by Gov. 
Cooledge without objection. That is the character of officials these 
men assail. 

Mr. Overstreet. It would not be any imputation on their honesty 
it we are governed by different rules of evidence than the rules by 
^diich they were governed. For instance, if we decided that we in¬ 
tended to go into the matter of indent in a different way from what 
they went into it, I do not suppose it would be anv imputation against 
them when they were governed by Massachusetts law. 

Mr. Callaiiax. I think the only question of intent comes in elec- 
tion. I think it has been decided. I think the ballot law commission 
in their findings shows that conclusively. 

Ml. Lehlbach. As far as the jurisdiction of those election com¬ 
mittees goes, it was strictly limited to an investigation of the ballots. 

1 hey had to follow State statutes as they are interpreted by courts 
and the Attorney General, and anything outside of just that limited 
lunction they did not pass on at all. 

Mr Callahax. Except that in this case the boards in examining the 
ballots said that they were going into the intent of the voter and 
they counted everything that was there as they believed the Yoted 
intended to vote. 

Mr. Ehodes. You complained awhile ago at the manner in which 
the testimony was taken, in that the contestant took his testimony 
before notaries public, and that he failed to go before the proper 
tribunals. Now, assiiining, of course, that the contestant took his 
testimony in accordance with the law, the rules prescribed by the Con¬ 
gress 111 such cases, are you in a position to urge on this committee to 
accept your objections in that regard in the light of the fact that per¬ 
haps the contestant followed the rules laid down by Congress * 

Mr. C.ALL.vHAis^ Only that I say great weight should be given to 
his failure to take it before those several boards. Congress has the 
right, we concede the right to Congress, to go over the heads of the 
court and lawyers. 

Mr. Rhodes. Well, does the gentleman hold that the contestant 
disregarded the rules laid down by Congress in such cases? 

Mr. Callahan, les; because he gave a lot of evidence that was 
hearsay. 

Mr. Rhodes, ^at would be a question of procedure arising in the 
court in which the testimony may have been offered, but that would 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEEALD. 51 


not be a matter that was not provided for by the rules apply ins; in 
this case. j ^ 

Mr. Callahan. If he were in a court of law, the judge, of course, 
would decide which evidence was admissible, and which was not. 
Now, it was taken before this notary, and the notary could not de¬ 
cide as to whether or not the evidence was admissible. 

Mr. Rhodes. AYe alL^imderstand, as lawyers, that that rule did 
not hold good in any case, but the only remedy you would have would 
be some evidence of your objections and letting the committee de¬ 
cide whether it was competent testimony. 

Mr. Callahan. We objected, and the objections were noted. 

The Chairman. Mr. Callahan, are you nearly through? It is get¬ 
ting rather late and Mr. O’Connell has half an hour in closing. 

Mr. Callahan. I am all through; I will end my argument to the 
committee at this point. 

The Callahan. We will hear Mr. O’Connell. He will have half 
an hour. 

Mr. O’Connell. Mr. Chairman and gentlemen of the committee, I 
feel that at the outset it would be well for me to dispose of, in order, 
some of the suggestions made by Mr. Callahan in his objections. 

In the first place, he gave the committee an impression that Mr. 
Tague filed his claim for a hearing before the ballot law commission, 
arid that Mr. Fitzgerald agreed to it. The petition, as they know, ap¬ 
pears in the evidence, and it wil^how that Mr. Fitzgerald did not 
agree that we should go on, buFthat he said through high-priced 
counsel—he thought Mr. Homer Albers pleaded for one full morning 
with the ballot law commission for them not to take it up—from 9 
o’clock promptly until 2 p. m., Mr. Homer Elbus urged, by every 
method that he knew, that the case should not be considered by the 
ballot law commission. So much for that. 

He has referred to the inquest. The facts are these, as the record 
discloses: Mr. Tague asked for an inquest. You will find it on page 
61 of the record, and Mr. Tague went before Chief Justice Bolster. 
Mr. Fitzgerald was represented by the same Mr. Homer Albers. 
After a hearing in chambers that prevailed for two days. Chief 
Justice Bolster said to Mr. Albers, the attorney for Mr. Fitzgerald: 
“ I will order this inquest, but I am to be the boss of it; and you are 
not to say anything about it at the present time, because I do not 
want political advantage taken of it by either side. The infiuenza is 
on and it is dangerous to hold any crowded meeting.” You will find 
that in the record. Mr. Tague exhausted every possible method per¬ 
mitted to a citizen to get the inquest. So much for that. 

In reference to the illegal registration: He says we have not ex¬ 
hausted our remedies in reference to that. That is not in accordance 
with the facts. The facts are, as shown on pages 419, 401, 406, 422. 
lYe were in the middle of a hearing at the Statehouse and were 
notified at I o’clock that they would hear us at 2 o’clock. We notified 
them that we could not be in two places at the same time, and after 
that they never gave us a chance. Mr. Wasserman says that he met 
me on the street and that he told me that he was ready to go on. 
He said he met me on a certain day, the Friday before election, as 
the record will disclose; and the Friday before election I was here 
in Washington, as the evidence shows. I call your attention now 
to the fact that reference was made to Mr. Fletcher, the Republican 


52 CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Ctindidat©. This is a fact that should have been brought out in my 
previous statement. Hammond T. Fletcher is a member of the Flen- 
dricks Club. The Hendricks Club is a Democratic organization. 
Hammond T. Fletcher was a Republican candidate for Congress. 
The candidate for the Republican ticket was obtained by Lomasney, 
and Lomasney was back of the other. The Hendricks Club furnished 
the Democratic candidate and it furnished the Republican candidate 
and even the great Derhocratic organization of that State gave way 
to the great power of this man Lomasney. He was the whole story 
down there, he is a complete boss, not of the Democratic party alone, 
but of the Republican party and any other kind of a party that may 
temporarily show its head for political exigency. 

This morning I neglected to call your attention to the fact that 
the chairman of the Republican committee, the Republican State 
committee, in a letter addressed to the people of Boston—you will 
find Mr. Bacon s letter at the end of my bill, I will give it to you in 
a minute—called attention to the fact that names of soldiers and 
sailors were being put upon the list and called to the citizens of 
Massachusetts to take precaution on election day to see that the 
scandals of the primary by which Mr. Fitzgerald got this vote on 
the names of dead men and soldiers at the front should not be re¬ 
peated, that the good name of Massachusetts was at stake. When 
the chairman of the Republican State committee finds it necessary 
to come out and in a printed published statement issued and paid 
tor in all the papers, I want to give you gentlemen to understand 
that it was a very serious situation. That letter is found on pa we 
357 of the record. ^ 

My brother quoted part of Mr. Tague’s testimony in reference to 
the salary and rather tried to dispose of it. He should have read 
Lie whole of it. Let me read the part that he did not read Mr 
lague answering the question: 


^ Fitzgerald why he was a candidate for Congress. Mr Fitz¬ 

gerald told me that Mr. Lomasney had asked him to be a candidate for Con¬ 
gress, and that he was not seeking the position; that he felt that he was the 
right man and only man who could represent the Tenth Congressional district 
m Congress at tlie present time. He said that he wasn’t in need of the money 
that went with .the job, but that he wanted to build up the port of Boston and 
that I would be taken care of, that he had an understanding with Mr. Lomasney 
that I was to secure a position in city hall if I was to retire from the contest— 

And tben about the pay, that Fitzgerald offered the salarv— 

Mr. Rhodes. Were there any witnesses there, regarding the givino- 
up of the salary ? & & ^ 

Mr O’Connell. No; Mr. Lomasney never talks in the presence 
ot a third party. That is one of the political axioms for wdiich he 
IS famous in Boston. He will meet you in the middle of the street 
lie will discuss with you on the corner of the street, but he will wet 
right nem' the curbstone where nobody can hear. No two men are 
allowed 111 the room with him at the same time when he is discussing 
anything. He is a very, very skillful gentleman and always takes 
pride in the fact that they have “nothing on me, nothing on me” 
iliat IS his expression: “ Can’t get anything on me’” 

M^ Rhodes. Mr. O’Connell, do you assert that this boss financed 
the Republican campaign and also financed Mr. Fitzgerald’s cam- 
paign« ^ 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 53 

Mr. O’Connell. No. The first part of it we do. We do claim, 
and Mr. Lomasney admitted that he did pay the bills of the Kepub- 
lican candidate. Of course, that was done in order to prevent the 
Republican votes going to Mr. Tague. The second part of that: 
Mr. Lomasney testifiecl that he would not carry any candidate who 
could not pay the freight. He carried Fitzgerald, because he had 
made millions in Bethlehem steel and Fitzgerald could pay the bills. 
That is what the evidence discloses. 

Mr. Rhodes. What evidence is that? 

Mr. O’Connell. That is the testimony of Mr. Lomasney himself. 

Mr. Callahan. AVhere is it? 

Mr. Fitzgerald. Point it out. 

Mr. Callahan. Do not stop at talking about it, point it out. 

Mr. O’Connell. Mr. Callahan has seen fit to pass off quickly, if 
you please, the testimony of Messrs. Green, Giblin, and Mr. Donovan. 
Mr. Green, whom he was discussing, has been a member of the senate, 
a member of the lower house, was a member of the city council. Mr. 
Green states absolutely that Mr. Donovan used the thousand dol¬ 
lars. Thomas J. Giblin, the other witness, is also prominent in 
political life in Boston, a former member of the legislature, aider- 
man of the city of Boston, he would know, Mr. Chairman, he would 
know more about what Mr. Donovan said, and he would be more 
likely to know about the trut}^ of these things than these men, 
all associates of Mr. Donovan. He would know the facts of Mr. 
Fitzgerald and Mr. Lomasney. How would their testimony im¬ 
press a jury? Would it be testimony coming from you gentlemen 
who did not know them, you gentlemen who are strangers, or is 
it the disinterested testimony of their associates? They are not 
there willingly, not one of them. They were all summoned. Dono¬ 
van was asked if he had had a thousand dollars. Donovan did not 
admit it, because it necessarily imputed a wrong to him and he got 
avray from it following the usual promptings of human nature to 
avoid trouble. There is no effort on the part of the defense to con¬ 
tradict a single line of their testimony. 

Now. my brother, let me pass on quickly to the next feature that 
you adverted to, about advertising in the Boston papers. Mr. Tague 
had paid advertisements asking the people, and notifying them to be 
sure and write a cross just as he has said. You and I have had 
political experience since. We all know how hard it is to educate a 
great constituency to do a given thing. It is the most difficult thing 
that Members of Congress have when they are trying to be elected, 
the most difficult thing, even, in a small town election. I will venture 
to say that there are thousands of votes lost because the voters do not 
comply Avith all the little regulations. Here is a district composed 
of the^ieAv element which arrives here. It is a large Italian constit¬ 
uency, a Russian Jew constituency, a lot of Poles, Lithuanians, Ru- 
thenians, even the Chinese—the Chinese up there are voting. Now, 
think of those people who vote all buying a paper printed in English 
and all of them being influenced by these adds. My brother said it 
will be conclusive. The virtues that we want to impress upon others 
do not sink in by being called to their attention once. If they did, 
advertising would not be what it is to-day. That is the way in a 
political campaign. It is necessary to repeat over and over again all 


54 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 


the various tilings that we want to impress upon the voters. AVe say 
again, that it is wonderful that Mr. Tague did what he did in this 
cosmopolitan district of many denominations, of many faiths, of 
many colors, from all climes—that he went to the polls and did such 
a remarkable piece of work has been exhibited in this election; and 
if a few of them did not comply entirely with the law that is no rea¬ 
son why that voters should not be disfranchised. 

The committeeman from New Jersey asked Mr. Callahan if he had 
any suggestion as what the presumed would be thought if a man placed 
a sticlpr on the ballot—what is the presumption; what is the pre¬ 
emption that any jury would find; what is the presumption of law? 
The presumption is this: That the man took the sticker up, read it, 
and It reads: “For Congressman, tenth congressional district, Peter 
-T. Tague, of Boston.” He sticks that on and he puts it on the ballot 
and he states what he wants done. He is voting, and the presump¬ 
tion IS that he intended to vote for the man for whom he put the 
sticker on. Mr. Callahan tried to say that when a man got in there 
and hated to vote the reg:ular candidate he puts the sticker on, but 
being ashamed of his action, and fianlly overcoming the qualms of 
his conscience at putting the sticker on refuses to put the cross on, 
but would not vote for Fitzgerald. The presumption is that he in¬ 
tended to do exactly what the sticker says: “ Peter F. Tague of Bos¬ 
ton, for Congressman, tenth district.” ’ 

^ gentleman this question? 

O Connell. Tes; I would be glad to have you. 

Mr Khodes. In such a case as the gentleman has stated there, 
would the laws of your State hold that that was prima facie evidence 
of the intention of the voter to the extent that the ballot should be 
counted by a candidate whose name appeared on the sticker? 

question raised, 

Mr Khodes. There has been dicta and the dicta are rather unsat- 
what they say about this, although in North Carolina 
the Supreme Court, in the Britt r. AVeaver case, did decide that the 
cross was not necessary. Mr. Callahan has quoted the minority 
decision of that committee of the last Congress, but the majority 
report held in accordance with the Supreme Court of North Caro^ 

In^f kvnl/if that some of you know, that happened in the 

last two or three hours of Congress, something happened. AVhat did 

thofcT; ''Vi?'''’?’ what the election committee 

thought. They had gone into it verv^ carefully and their report is 
lather exhaustive. Their committee found that it was the intention 
^ ^ above all things that should govern. 

That is not the question, hoivever. 

Mr. O C onnell. It is the question, and that is what I am talking 

Sctor. be the governinf 

Mr. Elston. Do you think this record, as it is made up is suffi- 
particular for this committee ? 

Mr. O CoNNELu Yes, Mr. Elston, it is, for this reason: Mr. Calla¬ 
han spent much time in trying to dispose of this question, and let 
me make It clear just what happened, and what the record does dis¬ 
close. When we got to the question of the ballots it was agreed by 
the committeemen, by the election commission, that it woulf not aid 
them very much to bring the ballots up to the Federal biiikW, so 



CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


55 ' 


suggestion \Ye adjourned to the election conimission’s 
omce. 1 here, Commissioner Finigan, whom we have referred to 
before, refused to go on with the case because the summons read 
that he was to testify at the Federal building. That delayed it 
for a few days. When we started—you will note, starting page 190 
and right down, that I described the ballot. For instance, at the 
top on page 206 it says: “ Mr. Finigan ”—the way the thing would 
go on would be, first, I would call for ballots. He would take the 
ballots out, look at them, and displaying them to us would say: 
“ Exhibit 103 counted for Tague; Exhibit 104 not counted.” When 
he would come down to “not counted” I would then describe it 
so it would be taken down in the record, and you will find that I do 
so on stickers not crossed. 

Mr. Elston. You maintain that as to every ballot of tlie 300 
of that particular description you made that comment so that the 
record is full and complete in that particular? 

Mr. O’Connell. No ; it is not full and complete in that particular, 
but is full and complete from the time I started. It is all sufficient 
for this case. If I had started it in the very beginning it would 
be overwhelming, but as it stands to-day it is more than sufficient. 
Mr. Callahan says he objected. He did not object. There are no 
objections in the record showing that he objected. Once in a while 
he would ^y: “ That is a comment, that is not admissible.” but at no 
time did he question my description; and you can imagine, gentle¬ 
men, this hostile Finigan answering, and he says here: “I am not a 
commissioner, I am here as a witness,” on page 194, when we were 
starting in on them. 

“ Mr. Berman. As soon as the commissioner who is reciting all 
these takes a little rest we will proceed. I summon you to the stand. 

“Mr. Finigan. I am not acting as commissioner. I am acting 
as a witness here.” 

You can picture him snarling that out and sneeringly saying so; 
and whenever I made those objections you can very well rest assured, 
gentlemen, that if I made an incorrect description that same Finigan 
would have commented on it and done it in a very determined, forci¬ 
ble, clear way that would not be misunderstood and I would be pro¬ 
claimed as a liar and somebody misrepresenting the facts. 

Mr. Fehlback. Does the record disclose the number of ballots in 
the congressional district which bore a Tague paster, but no cross ? 

Mr. O’Connell. Counting it up, it does. 

Mr. Elston. Have you a summary in the record? 

Mr. O’Connell. No; there is no summary in the record of that. 

Mr. Elston. Now you come right down to the very crux of this 
whole business. I think that is one of the most important features 
of this whole thing. It is narrowing down so far as the big issue is 
concerned, right down to this proposition of this Tague stick:^r. Of 
all the questions that have come up to-day, I would be willing to say 
that that gets down to the big issue in this case. Now, do you con¬ 
tend that the statement of Mr. Callalian that a display of those bal¬ 
lots here would change the conclusion that he drew from the record 
covering comments on the ballots? 

Mr. Callahan. I count that as far as I understand it to be this: 
He says my comments are not true. I say that a display of thoso 
ballots will show to you that every one of my comments are not only 


■56 CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


true, but that they are exactly fair to the contestee. I made my com¬ 
ments as brief a description as could be in order that there would be 
no confusion; and you will find by a display of those ballots, Mr. 
Committeeman, that everything that I have said is perfectly within 
the realm of trutii, and fair to everybod}^ 

Mr. Overstreet. 1 ou got that, of course, in the record expecting 
that that record would be sufficient, then, for the purpose of passing 
on that disputed issue? 

Mr. O’Connell. I did not in the beginning. 

M by not, what Avould we have in the record if vou 

md not? 

Mr. O’Connell. It had not occurred to me, until we had gone 40 
or oO or 60 ballots and they began to intimate, in the manner in 
which they did, that they were going to bring it to Washington, that 
1 decided the record should be made from that point on so as to 
show the exact situation so that you could decide it as it is, and you 
•can decide it as it is. 


Mr. Elston. How won d you liave expected us to have decided it 
'Otherwise except of those ballots. There has been a good deal said of 
intrigue, colonization, and the part played by Mr. Lomasney, but the 
whole thing narrows itself down to the intention of the voter I 
thought you asked me that. I thought a while ago, and I still think 
the same thing, that I believe that we show in the evidence that we 
have presentecl to you sufficient to disregard the vote of that ward. 
Vv Inch wmuld be sufficient, anyway. 

sir. O’Connell IVhich would be sufficient, and you could disre¬ 
gard the vote of those three precincts. You are bound to disregard 
that; you can not do otherwise than disregard it. It is overwhelm¬ 
ing, it IS uncontradicted, even uncontroverted. You have that. Then 
on top of that, you have the right to decide. After we had proceeded 
always and I saw how they were trying to control it, I decided that I 
should make my comments show the situation, so that you should 
have all that eliminated. So I described each one of these ballots 

fiom the witness and an objection from the counsel. You will find 

is my explanation. 

anv onfnl^h^' any particular emphasis on 

any one of these various specifications, but are going to rely upon all 

in°you? caL? ^ Probably the big point 

_ Mr. O’Connell. No. I feel that the case is so permeated and so 
interwoven with the various features that you gentlemen can take 
any one of these four or five things I have indicated to you and can 
decide the case on any one of them ' 

seUf ®u°preasJ.*''''’® ^ ''’oulddike to ask of coun- 

Mr. O’Connell. Certainly. 

Mr. Rhodes. Counsel on the other side, as I recall, stated that the 
^'M^^CALL.^^iif shown by the election returns to be 238. 

Mr. O’Connell. Yes. 

A?’* is correct? 

brief? ^ ^g^’ee on that; we state that in our 


CONTESTED-ELECTION CASE OF TAGUE V . FITZGERALD. 57 

Mr. Erodes. And, as I understand, that was on a recount of the 
ballots ? 

Mr. O’Connell. Yes. 

Mr. Erodes, Did the recount show a difference? 

Mr. O’Connell. Oh, yes. The unofficial count, Mr. Ehodes, 
showed that Mr. Fitzgerald had won by approximately three hun¬ 
dred and something; I think it was SdO. 

Mr. Erodes. Second count, I say the official count, after the re- 
-count, reduced his majority, as shown by the previous returns? 

Mr. O’Connell. Yes. 

Mr. Erodes. Yes; but he received his certificate of election? 

Mr. O’Connell. Yes. 

Mr. Erodes. On the- 

Mr. O’Connell. Basis of that reading. 

Mr. Erodes. On the returns of the board of election commissioners 
or after the recount had been made ? 

Mr. O’Connell. Under our statutes they do not give a certificate 
of election until time has been given for a recount to be asked. 

Mr. Overstreet. Until after the time in which it could be asked for 
has elapsed. 

Mr. O’Connell. Election is on the 5th of November. Our law pro¬ 
vides that a man who desires a recount must petition within 48 hours. 

Mr. Eroi&s. You hold that if every ballot on which was pasted 
the sticker had been counted voting the name of Mr. Tague he would 
have had a substantial majority over Mr. Fitzgerald? 

Mr. O’Connell. That is our position, exactly. 

Mr. Tague. The stickers without the cross. 

Mr. O’Connell. Without the sticker, of course. 

The Crairman. Can you tell us how many ballots were cast in that 
congressional district without the cross ? 

Mr. O’Connell. Bearing a sticker, but not marked with a cross? 

The Crairman. Yes. 

Mr. O’Connell. Yes. According to the record which I have made 
up, we have sticker votes cast for Tague that were not counted 242. 

Mr. Erodes. How many of those sticker votes had opposite them a 
cross ? 

Mr. O’Connell. None of those. There were 7,000 that had the 
cross. Yes, 7,000. 

Mr. Erodes. That is my question. 

Mr. O’Connell. How many voted the cross and how many did 
not. I believe I have answered both questions. 

Mr. Overstreet. That gives you a margin of six. 

Mr. O’Connell*. On that alone. Then on top of that you had 
votes counted for Fitzgerald which should not have been counted, 
where Tague stickers were on the ballot. 

Mr. Callaran. That is simply an assertion. The evidence will 

not show that. , . . 

Mr. O’Connell. My answer to your question is this 

Mr! Erodes. Well, suffice it to say then that you have stated fig¬ 
ures in your brief on that question, have you? ^ , , . 

Mr O’Connell. Oh, yes, right on the first page: In the election 
following Mr. Tague received 6,997 votes and Mr. Fitzgerald 7.227 
votes.” Now every one of those 6,997 votes were about 90 per cent 



58 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 


Ster^them!® "’'‘h cross 

In addition to tliose sticker votes that we did not o-et there were 
approximately names written in “ Peter F Cim of 15081 ^’ 
additional. Mr. Callahan nfade some state- 
courL^fis^i^ rithrt''®h for Mr. Tague. Of 

“Tango” written Afr^®"ch name as 

;i,:"‘S;pri.ePFLsr,,“ sir 

“Tague.” ^ ^ ^ counted it for 

Mr' claims they were counted. 

Callah.4n. There was no cross. 

Mr. O Connell Richard F. Tague, no cross. 

^es, on both sides. 

.i££“ ............. 

the ballofe -'c-'*! >«ctl'od of counting 

it, it is not counted. >1 there is no cross jiut against 

Mr. Rhodes. That is what I mean. 

sticker has on i^‘‘ For Congressman^” he^ha?'**^^ on a sticker and the 
evincing his intention. ^ ^ committed an overt act 

the^ahSi™ M tht"cro'Is°r’ <^«"frol even in 

Mr' exactly. 

Rhodes ii2rdeSed°thTXcw''of“‘ *'*’%''“’<=«“stance that Mr. 
“Peter F. Tague” with uncross afferit 

act of the voter ? ^ ^ affirmative or a negative 

Mr. O’Connell. I say the placing on of a paster savitAo. + 

L’rfgf,: ” “ 

Mr. McGlennon It is an affirmative act. 
m1' '‘®™ative act. 

quSon ^ Mr. Callahan the same 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 59 

Mr. Callahan. I do not consider that an affirmative act. We have 
in our courts a decision in a Massachusetts case which uses the lan¬ 
guage “ The affirmative act of making a mark.” 

Mr. McGlennon. Leaving out the decision of the court, is it a 
negative act or an affirmative act? 

Mr. Callahan. I do not think the voter goes quite far enough. 

Mr. McGlennon. Does he not do something to vote for Mr. 
Tague ? 

Mr. Callahan. But not here. 

Mr. McGlennon. He did something. 

Mr. O’Connell. And there is no dispute that he did something. 
Our courts have held that the election laws must be construed with 
the utmost liberality in ascertaining the express intent of the voter. 
I want to call attention to the case of Shepard v. Sears, before the 
committee on elections of the house of representatives, Massachu¬ 
setts State Legislature. House document No. 700, Februarv 4, 1890: 
1890: 

It has been the tendency of all courts and legislative bodies to construe 
election statutes with the utmost liberality in favor of the ascertainment of 
the expressed will of the voter, and whenever the statutes do not most ex¬ 
plicitly declare that particular informalities shall avoid the ballot their pro¬ 
visions are considered directory. 

I also w^anti^to call your attention to the case of Ray v. Ashland 
(221 Mass. 223), quoted in our brief at page 22. Mr. Callahan has 
tried to discredit that case, but the fact is this. The court said: 

The rule is that if the intent of the voter can be fairly determined effect shall 
be given to that intent and tlie vote counted in accordingly. 

They went on to state- 

Mr/ Rhodes (interposing). What was the question involved in 
that case? You both agree, in order to define the issue, the legal 
principles, gentlemen, both sides have agreed that the supreme 
court of that State is silent as to the effect of no cross appearing. 
Now, then, in the case you cite what is the point? 

Mr. O’Connell. The point is this: The statute is silent in refer¬ 
ence to where a sticker shall be placed; and the supreme court- 

Mr. Rhodes (interposing). Is it silent as to the cross? 

Mr. O’Connell. That was not the point in issue in that case. 

Mr. Rhodes. What was the point? 

Mr. O’Connell. Where the board of registrars failed to count 
stickers because they were not put in the right place. The court 
said a man could go in and put a sticker any place he pleased if it 
showed his intention; and whether it is- placed in the proper place, 
or in the place for the governor or attorney general or Senator, if 
that sticker is put on it must be counted. 

Mr. Callahan. If there was a cross. 

■ Mr. O’Connell. There was no question of a cross at that time; that 
was not the issue. The issue was whether or not a sticker should be 
counted, and the court said to count it wherever it is if you can find 
out the intention of the voter. 

Mr. Callahan. If there is a cross. 

Mr. O’Connell. The cross matter is pure dicta, because all ballots 
at that time were crossed. Let me pass on to the next. My brother 




69 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


made some talk about the fact that two of tliose witnesses wlio were 
summoned by him did not show up, and that is true, two voters who 
med ouside of the county of Suffolk were summoned. The law 
does not obhp a man to come outside of his countv, and these two 
witnesses with whom we had nothing to do sent a letter in, it is part 
of the record, calling attention to the fact that the}^ had not been 
V ; that if they were properly summoned they would 

of See how they arestrain- 

thf mhsbn/t *1 f• They spoke about giving 89 summonses to 
the marshal to deliver in one day. The United States marshal, with 

ffet riVnf^df deputies in taxi cabs in the city of Boston, will soon 
® Mr- r * summoning of 89 witnesses—it is not a Herculean task. 

?r Eighty-nine were given to one deputy, 

show - ^ ^he de])uties divided them up, as the returns will 

nessTs n the United States law wit- 

11 nd , fi ^ ^ t -* 5®"1 court, and we were trying this 

undei the practice laid down by Congress. Now, the contention 
even that Mr. Tague went to the trouble of paying for 500 witnesses 
summoned by deputy sheriffs, paying them $2 for trying to bring a 
witness into court, throwing money to the winds, because these gfn- 
tlemen representing the other side would not allow those witnelsL 
to come in or for some reason did not have them appear. 

My bro^ther took up the matter of the testimony of Mr. Tague inti 
testimony was gained from infdrmation, and should 
ot have been received, that it was the hearsay evidence of Mr. Tague 
b^^fior^n vyas through, and it was the last day of his 40. ®If 
he had told an untruth about a single one of those men about whom 
he testified he would have been called to task for it, the witnLs 

wrong!''"^^ said "’as 

ThI Chairman Mr. O’Connell, you have had 40 minutes. Are vou 
about through? It is getting rather late. ^ 

Mr. a Con NELL. Have I? I thought I started 10 minutes past 4 
The Chairman. No; it was 10 minutes of four. ^ ' 

Mr. O Connell. I will be through shortly. 

tinl we ;“geTtEu'^^^^^ ^t the same 

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there. ’ " ^ f’“ake any more colonization down 

My friend talked about Mr. Lomasnev and wbv9 tt 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 61 


before we declare war.” That is the record there. It is repeated 
five times. The next thin^ is this: The Kronprincess Cecile was 
a great big treasure ship interned in Boston Harbor during the 
period of the war, and on information and belief the United States 
marshal boarded her and found out through our Secret Service 
Department that the German sailors were about to sink her in Bos¬ 
ton Harbor. Mr. Lomasney gets Mr. Tague on the phone and asks 
him to stop it, and Mr. Tague says: “I will not interfere with the 
Department of Justice.” Think of that man being the leading citi¬ 
zen of Massachusetts! God save the mark! It is there, and in the 
margin, arid right in the record, and you will find it in the testi¬ 
mony. 

Mr. Callahan. It is in rebuttal. 

Mr. O’Connell. It is in rebuttal, yes. 

Mr. Fitzgerald. He rose from a very humble beginning to become 
an owner of large tracts of real estate, and Gov. McCall said he was 
the biggest man in the State convention. 

Mr. Rhodes. I want to ask one other question. Does this man’s 
name appear in the city directory or the telephone directory of 
Boston, and does it appear from there what his business is? 

Mr. O’Connell. I could not tell you that. I do not know about 
the telephone directory. 

]Mr. Callahan. There is an address given there. 

Mr. O’CoNNEiL. That is the political headquarters known as the 
Hendricks Club. He may possibly have some designation such as 
real estate, but you know the designation of real estate covers a 
multitude of sins. 

There was one other question which was asked by a member ot 
the committee in regard to my being prevented from cTOSs-examin- 
ing witnesses by the election board. That was a question of regis¬ 
tration. It was a question of the identity of the witnesses. “Are 
you John Jones?” “Yes.” “Are you a citizen of the United 
States?” “Yes.” I wanted to find out whether that was John 
Jones. In this motley group of men I did not know which one of 
those was John Jones and nobody else did. They asked him ques¬ 
tions and I was prevented from asking 45 men whether they were 
those men, to find out from the blue cards in their pockets what 

names they had. • . x i 

I simply want to say this to you gentlemen. I want to ask your 
attention to the definition of fraud laid down in the case of Mitchell 
V. Walsh. In all my trial experience I have never come across a 
more comprehensive definition of fraud than in that case. It leads 
as follows: 


Fraud can rarely, if ever, be proven by direct evidence, and the rule is that 
whenever a sufficient number of independent circumstances, which point to its 
existence are clearly established, a prima facie case of its existence is made, 
and if this case is not met with explanation or contradiction, it becomes con¬ 
clusive. 


That is one of the best definitions of fraud ever written, and I 
wanted particularly to call that definition to your attention. I have 
shown you a multitude of circumstances, all of which indicate fraud, 
all of which are uncontradicted, running from the very beginning. 


62 


CONTESTED-ELECTION CASE OE TAGUE V. EITZGERALD. 


trwstprrfnv* n’ "'® started down 

eLdalned aw.,v 1 ^aud has not been 

1 . ^ say to 3/ oil that it some reasonable explanation is 

cohfrned & ‘ ® are proven, as far as we are 

eined. He have proven them by carrying the burden of proof 

Z linf In ^ sustained the charge. I 

L to ash you to have this case decided quickly, because I 

believe honestly that this man is the man who should L sittinjr in 
Congress, a^nd it is not fair to the people of Boston that they should be 
“ghtfully elected Congressman. I am askiZ you 

hinestly ClXirlv eW Congressman because hf was 

onestly and taiily elected, as the record discloses. 

it adjourned”)’ ^“*0 executive session, after which 



CONIESTED-EIECIION CASE OF TAGOE v. FITZGERALD 


HEARINGS 


BEFORE THE 




t'l '' ' 

COMMITTEE ON ELECTIONS NO. 2 


HOUSE OF REPKESENTATIVES 

SIXTY-SIXTH CONGRESS 
FIRST SESSION 


ON THE 

CONTESTED-ELECTION CASE OF 

PETER F. TAGUE v. JOHN F. FITZGERALD 

FROM THE TENTH DISTRICT OF THE STATE OF MASSACHUSETTS 


PART 2 


MONDAY, SEPTEMBER 15, 1919 


*o 





WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1919 





















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CONTESTED ELECTION CASE OF PETER F. TAGUE v. JOHN F. 
FITZGERALD (TENTH MASSACHUSETTS DISTRICT). 


Committee on Elections No. 2, 

House of Representatives, 
Monday^ September 15^ 1919. 

The coniniittee this clay met, Hon. Louis B. Gooclall (chairman) 
presiding. 

Other members of the committee present were: Messrs. Lehl- 
bach, McGlennon, Rhodes, Overstreet, Luce, and Elston. 

The Chairman. The committee will come to order. 

STATEMENT OF MR. MELANCTHON W. BURLEN, CHAIRMAN 

BOARD OF ELECTION COMMISSIONERS OF THE CITY OF BOSTON, 

MASS. 

Mr. Elston. ^Ir. Burlen, you are here in response to a process 
issued by the House of Representatives of the United States, through 
its clerk, directing you to produce here certain ballots in the elec¬ 
tion contest of Tague against Fitzgerald. Is that correct? 

Mr. Burlen. Yes, sir. 

^Ir. Elston. And your presence here this morning is in response 
to that process? 

^Ir. Burlen. Yes, sir. I Avould say, in explanation, that I re- 
receiAud a communication from the chairman of the Election Com¬ 
mittee No. 2, authorizing us, in the presence of counsel for Mr. 
Tague and Mr. Fitzgerald, to open all of the 60 boxes in the dis¬ 
trict and to take out the contested ballots. Tliat was done in the 
presence of Mr. O'Connell and Mr. Callahan, and they Avere put in 
six boxes, sealed up. and the seals signed by Mr. Callahan and Mr. 
O'Connell, and, gentlemen of the committee, I have brought tliem 
here to-day and they are in your custody. 

^Ir. Elston. lYho else has come here Avith you this morning? 

Mr. Burlen. Commissioner Murphy, my Democratic associate on 
the board. 

]Mr. Elston. And the board is Avhat by name? 

Mr. Burlen. The Board of Election Commissioners of the City 
of Boston. 

Mr. Elston. And have they official custody of the ballots them¬ 
selves ? 

Mr. Burlen. They haA^e. 

Mr. Elston. Who else is with you here ? 

Mr. Burlen. No one else, except a friend of mine Avho came on 
to lYashington. 

Mr. Elston. Exactly what ballots haA^e you brought? 

l.'>4956—19 —PT 2 


63 



CONTESTED-ELECTION CASE OF TAGUE V. FITZGEKALD. 


Mr. Burlex. The ballots at the recount which were identified bv 
marks. 


The CriAnniAX. Are these ballots numbered? 

Mr. Burlex. There are numbers on the ballots; I think they are 
consecutive nuinbers, and there is a little paper clipped on top of 
each ballot, with the number of the exhibit and whom they were 
counted for by our board. 

Mr. Elstox. I just asked you what ballots you brought with you. 
Have you brought all the ballots that were cast for these candidate^ 
m the congressional district at that election, or have you brought 
only the ballots cast in particular precincts ? 

Mr. Burlex. I would say I received a letter from the chairman of 
the committee instructing us to open the GO ballot boxes and bring 
the contested ballots, and the contested ballots are here. 

Mr. Elstox. 'What do you mean by contested ballots? 

Mr. Burlexl The ballots that were matched with the exhibits and 
were cont sted when we recounted them, either bv counsel for Mr 
1 ague or counsel for Mr. Fitzgerald. 

Mr. Elstox. In other words, you brought all the ballots that were 
examined before the election commissioners on the contest in Boston 
after the election itself? 


Mr. Burlex. Xo, sir; I only brought the contested ballots. 

Mr. Elstox. Only the ones that were contested? 

Mr. Burlex. Yes, sir. 

Mr. FiTz<sEiiALD. About which there was a difference of opinion 
Mr. Flstox. How did yon identify those contested ballots? 

Mr buiiLEx. As we made the recount, ward bv ward, obiection 

Cl f i?'n ! Fitzgerald’s or Mr. Tague’s counsel 

that that ballot should not be counted for a certain candidate. We 
liad a printed sip), and that was put on top of that ballot, with a 
^ip, with an e.xhibit number, counted for Fitzgerald, or counted for 
i ague, or not cminted. and those are in the boxes identified that wav. 

Mr. Flston. Those iclentifying slips were put on the ballots at the 
time ot the contest when the objections were made and the rulino-s 
made on the ballot with respect to its admissibility, or whether h 
should be counted or not? 

Mr. Burlex. Yes, sir. 

Mr. Elston. Were thos^e ballots then segregated and kept in sepa- 
rate packages for record ? ^ ^ i 

batlmAt'H’'"'’' been counted the contested 

ballots of those premnets were put into the box of that precinct, so 

that when we openexl the boxes the other day to get those ballots we 
had to open 60 precincts to find the ballots “ 

districH^™'"' Pi’ecincts comprised all the precincts in the 

Mr. Burlexl Yes. 

Mr. Elston. Then you went through the whole list of ballots in 
those boxes and took out only those that had this identifvhig mark 
° Vr “ o"® of the exhibits in the contest ? 

.i.;i “■> 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 65 

Mr. Elston. You mean to say you went over all of the ballots, and 
' ^ ^ careful segregation, and what you have here comprise 

nil ot the contested ballots in the election contest? 

^Ir. Fitzgerald. Agreed upon bv my counsel and Mr. Tague’s 
counsel, and in their presence, Mr. O’Connell and Mr. Callahan. 

- 1. Elston. Then the segiygation you made here in order to come 
<l 0 ^^n here with the ballots in response to the process was made in 
tlie presence of the attorneys on either side? 

Mr Burmn. Yes: last Friday we had Mr. O'Connell and Mr. 
Callahan, representing Mr. Tague and Mr. Fitzgerald, present, and 
t le boxes were opened in their presence, and after an inquiry 'was 
gone through we took those ballots and put them in the boxes and 
sealed them up. As I understand, that was by authority of this 
committee. 

^ Ml. Elston. I think it might be proper to ask here whether there 
IS any question by the attorneys on either side, since they are present, 
as to whether or not all the contested ballots are here. 

^Ir. Callahan. They are all here. 

Mr. Harrington. As J^remeniber it, sir, there were 1,507, and when 
ve opened them the first time there was one missing, which is re¬ 
ferred to in the record there. You will see it. One thousand fiye 
hundred and seyen was the number of the original ballots. 

Mr. Elston. Then, in as much as the attorneys for both sides are 
here, we can take it as understood that the ballpts brought down here 
by Mr. Burlen comprise the whole list of contested ballots ? 

^Ir. Callahan, les; Ylr. O’Connell agreed to that the other day. 
There were neyer more than 1,304, and there is one ballot marked 21, 
cHid that makes 1,305. Eyery one from 1 to 1,304 is accounted for. 

Mr. Lehlbach. Mr. Chairman, I moye that we go into executiye 
session. 

Mr. Luce. IMr. Burlen, do the exhibit numbers attached to the 
ballots refer to any list that you bring with you? 

^Ir. Burlen. We haA^e no list at all: we made no list. 

^fr. Luce. Then the exhibit numbers liaA’e really no sijrnificance as 
such? 

Mr. Burlen. Except as the counsel may count - 

Mr. Luce. Except as they made reference to them? 

^Ir. Burlen. Yes, sir. 

]\Ir. Luce. We haye here a record only of the hearing before the 
masters, not of the recount, so that the figures are produced to us only 
as they are mentioned before the masters, I take it ? 

]Mr. Harrington. The exhibit numbers in the testimony will cori'e- 
spond to those numbers in the boxes. 

Mr. Luce. But there are not 1,300 references in the testimony are 
there ? 

Mr. Harrington. No; I do not think there are. 

Mr. Luce. And when the numbers are not mentioned in the testi¬ 
mony they haye no significance to us ? 

Mr. Harrington. I would not say that. As I remember, the 1,300 
and some-odd are mentioned in the testimony. 

Mr. Luce. Eyery one ? 

IMr. Harrington. Eyery one is numbered. The first 100 or 150 
haye no remarks about them, and then after that they all haye re¬ 
marks about them. 



66 


CONTESTED-ELECTION CASE OF TAGUE V, FITZGERALD. 


Mr. Luce. I did not realize the whole 1,300 were speeifically re¬ 
ferred to. 

Mr. Harrington. AVe had the commissioners call them off one by 
one and put them in the record. 

Mr. Overstreet. Mr. Chairman, I would like to make this sugg-es- 
tion: We do not know just exactly what we are going to encounter 
in examining these ballots, and we might need some explanation. 
Would it not be a good idea for Mr. Burlen to be nearby for the first 
half hour or so, in order that we may call him if we desire? 

The Chairman. I see no objection to that. 

Mr. Burlen. I await the pleasure of the committee. 

Mr. Fitzgerald. I think it is all important, Mr. Chairman, that the 
chairman of the commissioners should be here when these ballots are 
ojiened, because the integrity of the chairman has been challenged 
and the count has been challenged, and he is here after an experience 
of 25 years in charge of the election returns of the city of Boston, 
and the honor of that city and its election machinery is at stake, 
and I feel that the matter can not be gone into too closely, and I 
do hope that when the committee are deliberating upon this thing 
they will exhaust every means to get at the truth. I am the sitting 
Member of Congress, and, as I said, I got a unanimous certificate 
from the board and the State house, but I do not want it unless 
it is mine properly, but, as I said a moment ago, this man is the 
chairman of the board and has been its election official for a period 
of 20 years and he knows the Massachusetts law and the Massa¬ 
chusetts practice and he has had all kinds of charges made aoainst 
him. I think that while there are 1,300 ballots there are onlv a com¬ 
paratively few of them that are in dispute, and I think it would be 
only fair that Mr. Burlen should be called into conference upon 
this thing, and particularly for this reason, and this statement is 
capable of truth, that counsel for Mr. Tague, Mr. O'Connell, is openlv 
betting in the Boston streets $200 against $100——^ 

Mr. Lehlbach. We do not care anything about that. 

Mr. hiTzGERALD. He is betting that money that this case is goino- 
one way. I mentioned that fact because it is an extraordinary 
situation. 

Mr. Harrington. If it is necessary for Mr. Burlen to be present 
we would like the opportunity also to be present. If you call him 
into conference we would like the privilege of coming in too 

Mr. Fitzgerald. That is perfectly agreeable to us. 

Mr. Lehlbach. I think that the suggestion of Mr. Overstreet is 
a good one, and inasmuch as Mr. Burlen has expressed himself 
very kindly and very generously as being at the disposal of the 
committee I suggest that for the first half hour or so. until we see 
how we are proceeding, he be requested to wait in the adjoinino* 
room, and il that is understood I move that we go into executive ses- 
present but the members of the committee. 

ihe Chairman, lou put that as a motion? 

Mr. Lehlbach. I do. 

(The motion was agreed to.) 

The Chairman. Mr. Burlen, you may step into the next room. 

X r. I ITZGERALD Is it all right to have the counsel around. too„ 

HI case anything develops? 



CONTESTED-ELECTIONS^ CASE OF TAGUE V. FITZGERALD. 67 

Of course, they can slay, surely. 

llie Chairman. They can go into the adjoining room. 

31r hiTZGERALD. Mr. Harrington suggested that both sides be rep¬ 
resented. That IS agreeable to us. ^ 

^li. Elston. If one side is present the other side ought to be 
present. ^ 

0 ^ hereupon all parties present except the members of the com¬ 
mittee withdrew into an adjoining room.) 

The chairman then authorized the opening of the first sealed box, 
cesignated wai’d 1, with no precinct number, and countersigned by 
Joseph I O Connell and Timothy F. Callahan, as counsel for the 
contestant and the contestee, respectively, and sealed with the seal 
or tlie board of election commissioners. 

The box was then opened and disclosed ballots presumably for 
eight precincts. The committee then proceeded to check the ballots 
in the order of the precincts, and directed the clerk of the committee 
to keep a tally of its decision. 


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CONTESTED-ELECTION CASE OF TAGUE v. FiTZGERAlD 


HEARINGS 




/AX 



BEFORE TFIE 


COMMITTEE ON ELECTIONS NO. 2 


HOUSE OF REPRESENTATIVES 


SIXTY-SIXTH CONGRESS 
FIRST SESSION 

X 

ON THE 


CONTESTED-ELECTION CASE OF 

PETER F. TAGUE v. JOHN F. FITZGERALD 

FROM THE TENTH DISTRICT OF THE STATE OF MASSACHUSETTS 


PART 3 


TUESDAY, SEPTEMBER 30, 1919 






WASHINOTON 

GOVERNMENT PRINTING OFFICE 






















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CONTESTED ELECTION CASE OF PETER F. TAGUE v. JOHN F. 
FITZGERALD (TENTH MASSACHUSETTS DISTRICT). 


Committee on Elections No. 2, 

House of Representatives, 

Titesdaij^ September SO^ 1919. 

The committee this clay met at 10 o’clock a. m., witli Hon. Louis 
ix (Tooclall (chairman) presiding, having under consideration the 
matter of the contest of Peter F. Tague, contestant, v. John F. 
h itzgerald, contestee. 

STATEMENT OF HON. JOftN F. FITZGERALD, A REPRESENTATIVE 
FROM THE STATE OF MASSACHUSETTS. 

The Chairman. Hoav much time do yon want? 

Mr. Fitzgerald. I don’t know. I don't want to unnecessarily 
burden the ccimmittee. I should think that a half or three-cpiarters 
of an hour will be enough. 

The Chairman. All right; go on. We want to get your ideas. 

Mr. Fitzgerald. Shall 1 wait for Mr. O’Connell? 

The Chairman. No; go right on. 

Mr. Fitzgerald. Mr. Chairman and gentlemen of the committee, 
I happened to meet the chairman of the committee on the train 
this morning, and I told him in a jocular sort of way that I thought 
it would be advantageous to the committee and very satisfactory to 
myself if I were permitted to appear before the committee and 
make a statement, and he said he thought that was a perfectly proper 
request, and he would put it before Ihe committee; and I want to 
to thank the committee for that courtesy. 

My position is simply this, that I want the question settled. It 
is vital. I can’t afford to hold a seat dishonestly. I have taken 
that position from the start. I have told my attorney that I do not 
vpant to hold the seat unless I am seated honestly. 1 was told that 
Mr. Tague didn’t have any case before the commission; and if I 
wanted to go before the court in all probability they would throw 
it out. I told them, no; I wouldn’t accept the seat under those 
conditions. Same way Avith the election commission; I never Avent 
near the hearings or the courthouse. I simply let this matter be 
decided b}^ the proper tribunal, and, as the evidence sIioavs, I Avas 
giA^en a verdict unanimously by the Boston election commission and 
by the State commission, and by eA^erybody that had anything to do 
Avith counting those ballots. 

Right from the start the newspapers had printed—in the Boston 
Record (I have got this statement in my files upstairs) a day or 
tAvo after the primaries—where Mr. Tague said he Avas going to 

69 



70 CONTESTED-ELECTION CASE OF TAGUE V , FITZGERALD. 


bring this matter doAvn to Congress, and that has been his consistent 
public attitude as published in the newspapers. And I was in- 
forrned that he made that statement and it has been apparent to 
me from what he has said and his friends have said that rather tlian 
appeal to the constituted authorities of Massachusetts, which were 
open to liim for decision, he was coming down here and get a de¬ 
cision. 

I am very jealous of Boston and Massachusetts. My family liave 
lived there all their lives, so have I, and when an assault is made 
upon the integrity of the ballot of Boston, it reflects upon us very 
severely, and it would be a strange situation if a man who says he 
is robbed of the election if there Avere not some means at his dis¬ 
posal in that Commonwealth by Avhich justice would be given him. 
Day before yesterday, I believe, or two or three days ago, the pri¬ 
mary was held in Boston and, as usual, charges were reported and 
made of illegal registrations and those are being investioated by the 
constituted authorities now. They will be settled by thos^ authorities 
now and Mr. Tague had the same chance. He talked fraud in the 
primary and the primary was held on September 20th, about seA^en 
weeks jirevious to the election, and yet notwithstanding those cries 
illegal registration, though the election commissioners^ 
offices Avere open night and day for those seven weeks, and although 
the law says that any person complaining of illegal registration 
would be heard by the election commission, and if the person didn’t 
come to defend that registration their names were draAvn off the 
list, and if they do come and defend it the election commission was 
in position to decide the thing, Mr. Tague has never appeared be¬ 
fore the election commission even to this hour, to scratch one of 
those names. Mr. O’Connell says for him, I think, that the elec¬ 
tion commission should give him a few hours’ notice. 

You gentlemen knoAv how fallacious that is, because as I said 
before there were seven or eight Aveeks elapsed betAveen the time 
they cried illegal registration at the primary and every man—that 
is what I want you gentlemen to understand—every man who voted 
crooked at the primary voted crooked seven weeks afterAvards, and 
it Avould be a very sad commentary on the election machinery in 
Massachusetts if at this primary the other day Avhere the cry of 
fraud Avas raised those men Avho cry fraud on registration day Avere 
allowed to vote on the election day. I want to get that in vour 
minds clearly. There Avas ample opportunity. They could liaA-e 
gone to the courts. He said the other day that^if he were a million¬ 
aire like myself he could have gone to the courts. I have never taken 
ansAA'er that, but I AA^ant to ansAA^er that noAv because 
Mr. Tague has yelled that all OA^er the city of Boston, because my 
son-in-law to Avhom he is under direct financial obligations and is 
yet—I am not a millionaire and iieA^er was. I was born and reared 
under similar conditions to those under Avhich Mr. Tague Avas born 
and renred. I p^aduated at Boston Latin School and attempted to 
go to Harvard but gave it up. My father died. There were nine 
ot us to support. I paid my oAvn way. I raised a family of six 
children, paid np^ bills and haA^e gone on in the Avorld and met people 
face to face. Never oAvned a share of Bethlehem Steel in my life 
and as I said before if the gentleman can prove that I Avill resign 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 71 

niy seat. I never had the slightest interest in Bethlehem Steel 
stock, never talked with Mr. Schwab about my son-in-law going 
into the plant. The only conversation I had with Mr. Schwab 
was Tvdien Mr. Schwab came up to Bethlehem, and I was one of the 
invited guests, tAvo years ago. He complimented me on the splen¬ 
did Avork my son-in-laAv had done. He is a graduate of Harvard 
and went out into the Avorld to earn his Avay, Avithout regard to his 
relationship to me. He helped Mr. Tague. When the Avar came on 
he felt that he should do something and Avanted to help, because I 
had ahvays talked about shipbuilding for a greater part of my 
seindce and deAmted a greater part of my political career in its de¬ 
velopment in Boston, and as he thought he should do something, and 
as the corps of men Avas raised from 6,000 to 36,000 he Avas picked 
for the job. I never was consulted about the job by Bethlehem or 
anybody else. And yet this man said in eA^ery speech that I was a 
millionaire. He said so here the other day, that I was going to take 
the shipping from Boston and bring it over to the Bethlehem com- 
pany: The answer to t^t is complete. My son-in-law resigned his 
position there a couple of months ago and is now connected with 
one of the banking houses in Boston. 

I want to ansAver the statement about the millionaire, because, as 
my son-in-law said, he had ample recourse to the courts and he had 
as good chance as I did in the world. He AA^as born in better condi¬ 
tions. He lived in Charlestown. I was born in North End, and it 
comes of poor grace for a man of that kind to say in a contest of 
this.kind that he AA^as depriA^ecl of his chances because he Avasn’t a 
millionaire. 

Another thing I Avant to make reference of here is that I had 
tAvo. boys in the service; both of them went to Plattsburg. When 
the Avar broke out they talked to their mother. One boy said, “ I 
Avill go into the Army,” and the other said, “I Avill go into the 
NaA^y.” One went in the admiral’s office, and was on shore all the 
time. The other Avent to France, and eA^ery day A\^e didn’t know when 
we would get a telegram. A year ago last week when this boy was 
practically in the front-line trenches, this man in the presence of 
thousands of people in East Boston and Charlestown said that I 
had stealthily kept that boy away, down in Pennsylvania. Of course, 
he denies it. He denied it at that time, but there were thousands 
of people heard him make the statement that I had this oldest boy 
of mine, and I said then he was over on the field of France, and he 
gets a secretary to go into the Boston Post at 2 o’clock in the morn¬ 
ing and pulled the denial I made. And I want to say, Mr. Chair¬ 
man, it is a good thing I wasn’t near you [pointing to Mr. Tague] 
the night ^mu made that statement in the square. It is a good thing 
I Avasn’t near you tliat night. 

Mr. Tague. I am here now. I am here now. 

Mr. Fitzgerald. I want the committee to knoAv Iioaa^ I felt. The 
atmosphere in the campaign—and, Mr. Chairman, I am in the posi¬ 
tion absolutely to prove that statement. It is a terrible thing to say 
of a man AAdio is a candidate for Congress or who is in the public eye 
that I kept my boy away from the front when he ought to have been 
at the front. I could mention matters in connection Avith the methods 
that he employed in that same respect in regard to the immediate 


72 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


members of liis own fiunily, but of course it is i^erhaps not relevant 
iieie, and I won’t mention it. This question comes down, on this 
question of ballot, and I said to the committee very frankly I don’t 
want this election unless it is mine. I was elected by 238 majority 
AMtli 5 or 6 votes that came in from the soldiers, giving me a majority 
of 243 votes. As I said before I never went near the election coni- 
missioners, never went near the State ballot commission, merely gave 
instructions to those near me that I didn’t want this seat from the 
commission if it wasn’t mine. And the members of the board who 
have been members for 20-odd years and the other members of the 
commission decided that I was elected. It comes down to the ques- 
^on of those other ballots and the 175 ballots which, where Mr. 
lague has received a paster and without a cross, I contend that the 
ballot and what the ballot tells should govern this committee 
And if 1 per cent of those voters (and that is ail that voted with 
this sticker without the cross) went into that booth, put that sticker 
on, 1 con t think this committee in conscience can count those votes 
tor Mr J ague for the reason that the cross is the secrecy of the 
Massachusetts ballot and this contest was very severely fought and 
vdien the pasters woidd be given out and Mr. Tague had workers 
at every poll he had plenty of money to run his campaign, and 

to these men who went in, it was 
M natural, if 1 per cent of those men, 

Ml. Chairman, imt those stickers on the ballots and didn’t mark 
them, and walked out, and particularly if those same ballots show 
in e\ery other case, as a rule, m the margin of those ballets, the 
voter marked a cross, and if he refrained from marking a cross it 
amounts to but 1 per cent. It is my contention that those voters 
fnnl // y*’-, Tague and tliat tliey simply wanted 

bv!?mHn''‘^Tem the sticker, who could be fooled 
by putting them on. And they refrained from putting it on. 

In the Australian ballot law some years ago they found that 
people didii t vote as they said they would vote going in, and they 
had an alternative, and at the election they had one^of their owii 
crowd go into the ballot booths and get a ballot and brino- it out 
unmarked, and then they would take and mark that ballot, and the 
people they didn t trust and wanted to vote their wav they would 
mark that ballot and then they would ask that person to depLit this 
ballot and bring out that ballot, showing how easy it was under the 
Australian ballot, where it was first inaugurated, to adopt this means. " 
of fooling the people that were behind the law, and as I said a mo- ' 
tW stfir'* they.ye less than 1 per cent of those people putting 
those .stickers on, it is my contention that where those ballots show 
a «-o.ss in every other name those votes should not be counted ^ 

Mow there is soiiie (iiiestion about 8 or 10 ballots there where the 
cioss appears and there isn t any paster, and Mr. O’Connell as most 
of you gentlemen know, is on record here as saying that there were 
hundreds of diose ballots and they can’t be found. ^They talk about 

\Vtenl7r saw it; no election officer saw it, 

VVhen All. 1 agues manager heard it, it was three or four nisrhts 
aftei wards, and the manager was down here and said they couldn’t 
be found and none of them were ballots at all. Tliat can’t be used • 

It isn’t evidence. So where these 10 crosses appear, and if yori 


(’ONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 73 


iiieiiiber there were GO, aiul if those 10 ci’osses wereiih one-sixth per¬ 
fect, how can tlnit be believed? 

As the gentlenian said tlie other day, wlien he was street com¬ 
missioner of Boston, he said there were 1,800 of those crosses in a 
vote of 70,000 or 80,000 that were put underneath tlie name. And 
of conrse Ave all know wliere there are 15,000 or 1G,000 names Avho 
went in and take the ballots, it is a ^Teat commentary on that elec¬ 
tion that only 10 of them slipped. And it is a strange contention 
that these 10 AT)tes, that there Avere but 10 votes that shoAved that 
thing, when Mr. Tague claims there are hundreds. It is absurd. 
1 he 1 itzgerald-Tague A’ote and the Fitzgerald-Fletcher Amte and 
the k letcher-Tague vote, those \otes speak for themselA^es. I IniA^e 
a stenographic report of all those ballots; . hoAv tliose Avere cast. 
1 talked to the election commissioner and otliers, but they say it is 
a remarkable tribute to the electorate tliere that practically the same 
Amte Avas cast in the race for Congress as for goATrnor. And Mr. 
Luce knoAvs (pardon me for bringing his name in this) there Avas 
a very Avarni contest betAveen former Gov. AValsh and United States 
Senator lYeeks. Tliere Avere more ATites cast for Congress than for 
United States Senator in that district. They kneAv ho ay to vote, and 
judging from the money used by Mr. Tague and by advertisements, 
letting ev^erybody knoAv hoAv they are going to Aa>te, they kneAV hoAv 
to vote. So that is practically the story of the ballot as far as the 
fraud is concerned. 

Of course nobody Avants an election that is through fraud. 
I Avill resign my seat noAv if any fraud is proA^en that Autiates this 
election, but my contention is that there has been no fraud proven that 
Avould vitiate this election. 

As I said a moment ago, this ward has been under discussion for 
some months past, and yet it is the same Avard that gave Mr. Tague 
his election four or fiAn years ago, and he knoAvs he couldn’t have been 
elected Avithout Mr. Lomasney’s support. It is a tenement-house 
district, but their names are on the list in Boston. The commis¬ 
sioners are men avIio are successively apjiointed by Democratic 
and Republican mayors, and the man Avho is challenged, his name 
goes oil the list, and he (Mr. Tague) hasn’t challenged the name of 
a man up to this. The ballots are here. And all these names that 
are challenged Avere on the list all the time he Avas a Member of Con¬ 
gress, and I, therefore, say to you that these charges about these 
allegations—that is all they are—have not been substantiated by 
any proof of any kind. 

If he Avanted to, he had a little over eight Aveeks betAveen the time 
he charged fraud at the primary and Avhen the election occurred. 
He says he Avasn’t giA^en time enough, and of course that assails the 
honor and the integrity of the election board. But my impression 
is that he had all of that time, and if Boston is in such a situation, 
and the Massachusetts laAvs are in such condition, that a man cries 
‘Gllegal registration” at the primary Avhich occurred last Monday, 
and that election is to occur seAnn Aveeks from noAv, and that can not 
be redressed, God help poor old Massachusetts! I say that isn’t true. 
IMassachusetts isn’t disgraced in that respect. There Avere ample 
opportunities for this man to go doAvn and proA^e these charges and 
Avipe these names off the list instead of Availing to come doAvn hei’e 


74 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


and 'w asting tlie time of Congress and filling the newspapers with 
( laiges. There have been cases in this Congress where those things 
have been proven. If those ballots were looked upon as crooked 
votes, It these three or four hundred v(3ters who were brought into 
the courthouse, and the summons was illegalIv served according 
to contention of counsel, it wasn’t in a place* to settle the case, 
it should have been settled in the courthouse at Boston, where the 
case could have been heard. Then the charge of Mr. Tague falls 
to pieces. 

There is a hijj issue in tliis cuse. It isn’t Mr. Tague or myself. It 
IS tlie integrity of the election coinnussioners of Massachusetts. If 
Jus statement IS true, he couldn’t get an honest election in Massachu- 
■seits. I won t accept a seat where it is tainted. I won’t accept it 
where iiiy right is contested. I can't afford to sav to those people 
taat Mr. lagiie canie down to IVashington here and on his statement 
charges of fraud where he was unable to prove them in Massachusetts 
tiiat he was able to obtain the recognition that would de-lare this seat 
\acant or give it to him. There is nothing in his contention or the 
contention of counsel that would prove that. 

I have said this thing very hurriedly and it was the .statement of 
the chairman on the tram that led me to the feeling to come in here. 

caucp questions I will be glad to be¬ 

cause I naiit these things cleared up. There are a good nianv men 
here on either side of the House, on the Democratic and Republican 
Massachusetts. I said “ I won’t embarrass you a moment.” 

1 said, the minute the committee can show me, here Mr. Fitzgerald 
here are the facts I will resign.” I can’t afford to hold it. I think 

tmlerf ise^ Mo I would be down here 

unclei talbe colors. That is my position. 

T wdI'k answer aiiy questions tlie committee may ask. Or 

J ^ iJl be glad to answer any questions that Mr. Tague will'ask me. I* 
vill be 'very glad to answer them. 

forrmiDn^th^Shr^^''''"'' 

Mr. Fitzoerai.d. Oh, no. I beg your pardon. I did not sav that 
I was talking about the Australian ballot law ‘ ' 

hiter decZno"lo voTef*'' 

Mr. Fitzgerald. Yes. 

pornng^rcefcmdcfhV^^ 

Mr. FiTzoEii.-mn. Yes, yes; yes, it could. It is the law that it can 
ami left. '*'' ' ” They are in there, right 

Mr. Lehliuch. The man receives a ballot from the iiido-e of the 
election and goes into the booth? P ^ 

Mr. Fitz( erali). Yes. 

in5hiJh.MfM'"f permitted to begin arranging or prepar- 

^ the booth ? ^ 

Mr. FiTzfjERALD. The booths are wide open 

Mr IOtzcfhTu. ^oT' no of them, is there not? - 

Mr.- N^cmtliSr® 


CONTESTED-ELECTION CASE OE TAGUE V. FITZGERALD. 75 

Ml. Fitzgerald. No; no curtain; they are wide open. Yon can see 
a man in there without the least bit of trouble. If he does not deposit 
. T ' ® pocket or drop it or something, 

if' Of- course, here is no chance of a voter not voting 

and taking his ballot out? 

No; I did not say that was done up there. I 
was talking about Australia. I Avant to be correct on that. That 
was clone in Australia, and I Avantcd to emphasize that wh'^re the 
Australian ballot originated the voters did not do what they said 
they would. 

Mr. Lehlbach. They did that in this country until the svstem of 
checking the ballots Avas inaugurated, did they? 

Mr. Fitzgerald. Yes, sir. Those men accepted the pasters, Avhich 
they could. It is not unlawful. The laAv says you can not give out 
any election document except the pasters, and‘'it was lawful under 
the Massachusetts law that the pasters could be given out, and they 
AAere giAen out. They AAei^giA^en out, as I said before. The police¬ 
men that were tliere were not A'ery zealous about that phase of the 
law, because there did not seem to be any particular objection to 
It; and there was no reason on my part Avhy I should object to it, 
because Mr. Tague had sent them through the mails to them. I 
think they were sent out that Avay twi^e. I think Mr. Tague’s 
friends made a mistake—they said so—that the pasters they sent 
out the first time were too large, and they sent out the subsequent 
ones. 

Then he claims we gave them out. You knoAv why he claims we 
gave them out? So if we gave them out, they could give them out. 
His claim is that Ave gave them out. 

I will be very much pleased to answer any questions at all, be¬ 
cause I want to get this cleared up right. I would be very glad if 
Mr. Tague would ask me any questions about this matter—or any 
members of the committee. 

The Chairman. Do you wish to ask any questions, Mr. Tague ? 

Mr. Tague. No, sir. 

The Chairman. Do you Avish to make any remarks? 

Mr. Tague. Yes, I do. 

The Chairman. You may proceed, Mr. Tague. 

Mr. Tague. Mr. Chairman, I do not suppose the committee Avants 
to have me start in like Mr. Yitzgerald has, with a lot of personal 
affairs, and I do not intend to do it. Here is the record in this case, 
seven hundred and some odd pages. Mr. Fitzgerald had a chance to 
go to court and ansAver all these charges. His attorney promised 
ns on tAvo occasions that Mr. Fitzgerald was going to take the 
stand. He never showed up in court. As soon as we filed our no¬ 
tice, he Avent to Palm Beach, and we could not reach liim. He came 
back, and the record shoAvs it, the day of the opening of his OAvn 
case. He came back into court and was there about five minutes, 
and then he disappeared and neAur came into court afterwards. 

Mr. Fitzgerald. Just Avhat has all that got to do with the case? 

Mr. Tague. -I am doing the talking. I did not interrupt, and I 
do not Avant to be interrupted myself. 

This bugaboo of sympathy and telling Avhat he Avill do and Avhat 
he will not do, to us, in Boston, who know him, is the same old story 



76 


CONTESTED-ELECTION CASE OF TAGUE V, 


FITZGERALD. 


nnd the same old song. There is just one thing that he said that I 
( Id not like, and that is about his boys. That is contemptible all 
the flay through, Mr. Chairman. Noiv. let me tell you the hi-^tovv 
ot hat, and he knows it. When he tells you flhat he will do to me, 
he knows better. If he ever wants any of that, this is not the place 
to do It. I do not (lo those things. I do not go around with a chip 
.people ivhat I flill do to them. 

ill*, lim CallaJiaii, his attorney, came np to mv oAvn liom(> ward 

fhTr® ff “ight flic oiieniiig. but about 

nights bMtire the close, and before an audience which was 

speech, and in that .speech he 
said, Air. Fitzgerald has given his tivo boys to the country'’ And 
he said, Mliere are Tagues boys? Why are they not figiitino- for 

whorti“**’^f'll j}"®"’®*' to that was this, and I (lo norcare 

( at they tell about it, I know ivlio it was told the storv. It was 
men antagonistic to me, who would kick the legs from und,-r me if 
they d.iied try it, and they have tried it. I said. Mr. C’alhihan 
made that statement. It is unfair.” I said, “ I do not knofl- how 
many^oys Mr. Iitzgerald has in the war. I know he has one in 
the haij. because I have met him, and I understand that he has 
one in the .M-iiiy; where, I do not know; but. wherever they are 

“ Mv tovs *12'an 1 U " ”®i i''® I noide. .\,nd I said,’ 

Nmv hn /i’ ''!> ’"■I'®!-*' thev belong.” 

thnho na ^ ‘ *’*® "e"'spapers. Tjie Boston 

I dM VP- My secretary did not take it out of the paper. 

1 * c uight eciitor of the Boston Globe called me at mv 

home on Sund.ay night, and told me about that storv. and I went 
ver and saw him, and he asked fldiat happened, and I told him what 

nMPaT W believe me. call up .Mr. 6'Con- 

nel at W orcester, who was sitting beside me at the time." I s-iid 
yiat IS not a true statement; it is not a fair statement.” 

1 went over to the Post and saiv the night editor, and he told nio 
it hiid gotten (lilt 111 the first country edition, and he said. -‘From 
fllmt you say, I will withdraw it.” And it was withdrawn. 

He has been parading around that I have been assailino- the 
integrity and honor of his boys. It is contemptible. I do not think 
It IS fair. I am going to fliish these things out to voii. You have 
not ®7'^®"®,®- There is the evidence taken before the court, and he did 
imt have the manhood to come out in public before the court and 
let my lafl-yer cross-e.xamine him. 

Mr. Fitzgerald. What court? 

Mr. Tague. In the court where you were supposed to mi—down 
before the notaries. But he was too big a man Cono-rS^s is not 
big enough to tell him when he comes to court. I went to cour w?th 
my case pd proved my contentions. I went to court and I wenl to 
the election commissmners, and the statement of the election com¬ 
missioners was such that w-e went to the mayor and asked him to 
remove them; and the mayor sent his corpor/tion coiiS to a™ise 
them, and he ^nt his assistant, Mr. Higgins. The testimoiiv shows 
he went into the hearing before the election commissioners and was 

bm'he ^ "?■* "-’'^tTer he wrordered ouT 

W th ' A ^Tsgust. And his lawyer, Mr MiUer 

was the man who stood up in the meeting and said; “ Geiitiemen, I 


CONTESTED-ELECTION CASE OE TAGUE V. FITZGERALD. 77 


am disgusted with the actions of the election commissioners.” That 
is in the record, and they have not denied it. 

They have not denied any of these things. There is not a single 
thing he said that has not been hashed over and rehashed. 

But in saying that I said I would not abide by the decision of the 
committee of Boston, I never said any such thing, and he knows it. 
He can come do\yn here to-day and make that statement, because he 
thinks nobody will deny it. t can deny it. I have denied it under 
oath. There is the testimony. That is what you will be governed 
by, not what he says to-day, three or four months after it has been 
hphed over and over again in the newspapers. And he has not de¬ 
nied these things for one moment. He has not denied one single 
charge we have made. 

Now, as to the stickers, Mr. Luce asked whether or not they could 
be given inside the booth. They could not be given inside the rail¬ 
ing of the booth, but let me tell ^u what happened in the primary in 
that ward. And that is the reason we tried to get the men heard 
before this committee. Over 400 ballots Avere giA^en out in Avard 5 
and the stickers placed on them before the voters got them. Where 
did they get them? The record shoAvs Avhat happened there. Over 
400 stickers, bearing the entire State ticket on the Democratic side— 
lieutenant goAenor, attorney general, treasure!' general, secretary of 
state—over 400 of them in Avard 5 Avere placed on those ballots before 
the Amters got them. Where did the Amters get them? The ballots 
Avere taken outside the railing, and they got them there in Avafd 5. 
And you knoAv it. 

The Chaikaian. Please address your remarks to the committee. 

Mr. Tague. Excuse me, Mr. Chairman. 

jMr. Luce. When did that happen? 

Mr. Tague. In the primary, the 24th day of September, last year. 
They refused to giA’e us a hearing. 

Mr. Luce. I never heard of that before. 

Mr. Tague. The Democratic State committee neglected to file the 
balance of the State ticket, outside of the governor, and they put out 
stickers, and they Avere supposed to be placed on the ballohs. 

The Chairaian. That is the Massachusetts laAv? 

Mr. Tague. That is the Massachusetts law. 

And Ave had in ward 5, Avhere he says none of this fraud took 
place, over 400 Avhich were placed outside the railing and marked. 
And they Avere marked Avith different colored lead pencils than the 
pencils on the ballot, green, red, blue, and black, different from the 
ballot marks; but they went to the voter. 

He knows all that Avas going on 15 or 20 years ago. He charged 
the same thing in that ward. Mr. Luce, on the committee, knows 
that has been going on, because in the legislature he had charge of 
the same kind of a case, 20 years ago, or 15 years ago, while I was 
serving up there with him. 

Mr. Lomasney, in his testimony, testified that Avas the reason he 
Avas Avith me for Congress; I had shown such strenglh that he knew 
I Avas the man Avho could defeat Callahan Avhen he was defeated. It 
Avas not that he loA^ed me, but he wanted somebody to defeat him. 
In the second term I had no contest. 

Now, Mr. Chairman, I am not going into family affairs. I have 
not said anything about his family, and I will not. I could say a lot 


78 


CONTESTED ELECTION CASE OF TAGUE V. FITZGERALD. 


:es n P wm IT' T I * “V ^ finest 

iwsit on \Tr ' ■ r ^ lie, is of that dis- 

I h^to pomV f ’ ‘ lf-° ^ ^ 'fc ill-becomes 

to rl^ (ome before diIS committee and bring bis family in and try 
to bring my family into tins quarrel. 

n>-n,ir' SOing to settle this case on the testimoin- and I have 
proven fraud, as you can see in tliat testimony. At least what T 

irthemli to®com^®“l‘^®T'^ "'® si'miiioned 500 

‘it. I ® ‘ under the mandate of the Congress of the United 

S ates, the only authority we had to summon them by. There was 

iouM not"Sn?h The district attorney told us ho 

, ool 1 V- ^ rhere was no law to do it. Then I an- 

ho United States court, Judge Morton and 

ELfno' "»'» il»n. »..» itSh’S 

li through this and I thought that was the end of 

wim hn i'-'n •'"‘I® “^’® ^‘'^Tday affair, where a man comes in 

has tiled since this thing started to delay and delay and delay 

Iiow anTler' ^^e seat, why does he not let us s Ttle 1 ifis^e 
now and let you men of intelligence decide who is entitled to it 

it™ If"■ •• i" Sm. 

appealed for a week l^th day of June when he 

it the fqfL .y/'^ fmther to bring in his testimony, which made 

SpIpSifHl 

.4 “ ssa ztTj '^r "™ 

=1111: ::q 

ES'toirhZ'if ss 

o/ilVnSl,{£ SleS 'to r “ ih«i 

it by Mr. Dennis Mahoney The toe?' attention was called to 


CONTESTED-ELECTION CASE OF TAGUE V, FITZGERALD. 79 

Mr. O Hearn held possession of them, and he was summoned to come 
oeiore the notaries and tell what he had done Avitli them, and he 
would not come. 

That is one thing wrong in this law, and you know it, gentlemen. 
J here is no way for me to compel a man to couiq in. The only thing 
i can do IS do what the law says, and when I do that I have done 
everything in my power to bring the evidence to you, and I have 
done It. I have done it, as fairly and squarely as I know how. I 
have tried to bring my case before you. If I did not do it it is 
not my fault. The case is not there.' 

I want to call your attention to the fact that I summoned 500 
witn^ses, and this record Avill show it, and I paid those witnesses 
^ money to summon them, notwithstanding he says I 

did not. The United States marshal got his money for every wit¬ 
ness, and every witness was paid. I paid the sergeant at' arms 
beroie the ballot-law commission'for summoning every witness, and 
he took my money for summoning them, and they would not come 
into court. They defied the court. They defied the court until the 
last day, when Mr. Cunningham, who had criticized the actions of 
the ballot-law commissioners for not making them come in, said he 
would compel them to come in. Then Mr. Lomasney marched in at 
the head of about 40 of them and produced a paper and said, “Here 
is my power of attorney.” Lomasney is not an attorney. “ Here is 
my power of attorney. I am going to represent these people.” And 
the chairman said no. We had summoned them. 

And when these men came into court, and we were going to prove 
they were illegal voters and had been illegally registered, the chair¬ 
man of the commission refused to allow our attorney to question 
any of them. Henry Gray, who lives in Jamaica Plain, with his 
wife and five children, and is a business man in Boston, went on 
the stand and under oath before the ballot-law commissioners testi¬ 
fied he lived in that ward. Joe Walsh, an inspector of the board of 
health, who lives in Roxbury, swore he lived in the West End, when 
he knew he was lying and knew when they were about to take his 
name off the list before he appealed to them not to take his name 
off the list or prosecute him on account of his family. Other men 
of that kind were permitted to testify, and we were not allowed to 
question them, and we were the parties making the complaint. I 
wonder how you gentlemen of this committee would feel going 
before a commission that would not give you unj more notice or 
consideration than that. 

And then when we summoned the chairman of the ballot-law com¬ 
mission down before the notaries and asked him to bring his records 
he could not produce them. They did not have a record of the case. 
That is in the testimony of Mr. Cunningham. We asked if the 
records of the ballot-law commission were not kept in the safe of 
the State. He said no, in his private office in the Tremont Building. 
He could not produce the evidence of the facts in the case. 

And his own attorney, before the ballot law commission, said We 
had proven 37 cases of fraud, voting upon soldiers’ and sailors’ 
names, voting dead soldiers’ names. I would not take a seat in 
Congress that was stained with a crime like that. I would be 
ashamed to sit here and talk of fraud. 


80 CONTESTED-ELECTION CASE OE TAGUE V. FITZGEKALD. 


yDu say to me, can you prove who these soldiers were? 
les. James Free!, president of the Hendricks Club, in charge 
of precinct 4, with a l)oy in France. And James Freel had his 
boy voted on. James Graham, secretary of the Hendricks Club, 
with a boy that to-day is in the hospital of incurables on account 
of the service he rendered the Government, and at the time they 
^\eie voting the poor fellow was in the hospital, didn’t know whether 
he would die or not. James Graham allowed his boy’s name to be 
voted. 1 oiing Crowley was dead when they voted his name. Young 
iilack was dead when they voted his name. All these are in that 
war. 


Jsow, Mr. Chairman, that is not my say so. That is the evidence 
tliat IS before this committee, and I am not going to tire it any 
longer. I am not going to take u]^ your time. You have been very 
patient and very kind, and I appreciate it; and I am sorry this 
gentleman could come in at this late hour, and for the purpose of 
misleading and blinding you, with the short time that is before you 
to settle this .case, then to come in with a lot of unfair methods 
about washing out a lot of things that do not belong here. God 
knows there is enough of that to be done up home, and if the 
gentleman wants to do that at home, let him go ahead. Let him 
try it. But don’t let him come down here trying to fool you 
gentlemeii’ who know the game just as well as he does. 

Mr. Luce. I would like to ask Mr. Ta.gue a few questions on 
some simple matters of fact. I do not think that it need arouse any 
controc^rsy at all, but it is not just clear in the record. 

Mr. Tague. Yes, sir. 

Mr. Luce. Perliaixs it will better enable us to understand what 
has happened. Through whom did Mr. Pedrick, sergeant at arms 
serve the summons ? ' » j 

Mr. Tague. Through his deputies. 

Mr. Luc5. The messengers at the state house? 

Mr. Tague. Yes, sir. The bills are all there in the name of the 
messengers from the state house. 

Mr. Luce. They are not there yet. 

Mr. Leiilbach. We have not received the exhibits. 

Mr Tague. They have just come in, I understand. They were 
served by the sergeant at aians, through Mr. Frank Steele, his 
deputy. I paid not only the expense of service, but the expense 
of automobiles, and the men chased these men as far as Wilming¬ 
ton. Mr. Luce knows, although the members of the committee may 
not know, that Wilmington is 18 or 20 miles outside of Boston 
i hey chased these men as far as AYilmington, and they could not 
find them and could not get them. When I went to these board¬ 
ing houses, the United States marshal could not find them The 
sergeant at arms could not find them either. There is the double 
proof that these men never existed. 

Mr. Luce. What was the ]3rocess in this matter of iiayment? Did 
you turn over to Mr Pedrick a certain amount for each man? 

Ml Jso. \Mien the hearing opened, the chairman of the 

m d T ^ ® to pay for the service of the summons, 

: n ih w Iw wanted, and he said he did 

not knoM . and I think I gave him $150 the first day, and he came 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 81 

back a little later and I gave him $75 more, and at the end of the 
1 think he lianded me back $35 or $40. 

Ir. Llce. I would like to ask the same question with regard to 
the summons served by the United States marshal. 

Tague. I think I gave them $300 the first day and $200 the 
second day and $150 the third day. I have the receipts. I think they 
lire all tluu'e in the testimony, or in the exhibits. All of these men 
veie legally summoned, not by a sheriff outside, not by a constable, 
hut h\ the assistants of the Ihiited States marshal, whose names are 
here. 

And let lue say further, it is in the testimony here that Mr. Calla¬ 
han criticized the service of the summons and came before the nota¬ 
ries and said he was going to produce the deputy marshals on the 
3rd and 4th days of April. He named them and the days were set 
for tlieui to be heard, and he nm^er called a single deputy, and they 
were almost in the next room to us, right on the same floor, across 
the hall. 

Ihey were sitting there in the hall, having been notified, all dav 
long, waiting to be called by Mr. Callahan, and he never called them. 

Here is what he said: 

Joseph F. ( )'(^oxxxell, LJ.sq., 

Attornc!/ and Atjent for Peter Tuque, 

Boston, Mass. 

Leak Sir: FIe;iso take notice that on Thursday, Ai)ril 'S, at 11 o’clock a. in., 
and t riday. A])ril 4, at 10 o’clock a. ui., we shall examine the following wit¬ 
nesses hef(ti-e Mon. David Mancovitz, notary public, in the matter of the Tague- 
Fitzgerald election : 

John H. Ifackus. Renjamin .1. Scully, Christopher Gilhoni, Charles A. Ban¬ 
croft, James A. Tighe, George A. Crockwell, Thomas .1. Pyne, Charles A. Far¬ 
rell, Asa 1'. Barker. 

Address: Fnited States marshars office, Federal Building Boston. 

Will you please have on hand these days summon.ses or returns on sum¬ 
monses which have been introduced as exhibits? 

He never called the marshals, and we produced the summonses and 
had them thei'e on the table the next morning ready for him to produce 
the marshals. The testimony shows that Mr. Cailahan, Mr. Brogna, 
]\tr. Mancovitz, the notary, Mr. Harrington, the attorney, and myself 
were there three days ago through those summonses, There was 
one package of over 75 or 100 summonses. He said he did not care 
to say any more. 

I was trying to prove they were properly summoned, and these 
men were ready to prove they were served, and he never called the 
men to prove it. 

There is not a single gentleman on the committee in this case who 
can show one single act of ours that has not been for the purpose of 
bringing before the Congress of the United States every bit of evi¬ 
dence that was ])Ossible to secure. On the other hand, Mr. Lomasney’s 
testimony takes up about 300 pages of abuse and villification. 

Mr. Luce. Wq are getting away from these simple questions I 
wanted answered. 

Mr. Tague. Pardon me. 

Mr. Luce. I simply want to make a few things clear on the record. 
Is there in the exhibit the list of the 40 men that Mr. Lomasney 
brought before the ballot commissioners ? 

Mr. Tague. There in the testimony? 


82 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Mr. Luce. Yes; is such u list in tliere? 

Mr. Tague. I do not know, Mr. Lure. I do not tliink there is 
because when the men came we did not know whether tliey were’ 

knowing it The chairman of the board would not give us any of 

Mr*} nh e.xamined the witnes'ses himseil 

Ml. Luce. les. That is a different thing. I only wanted to wet 
some simple facts for the record. ® ^ ^ * 

Mr. Fitzgerald, do you know where in the testimony the 40 men 

w mt to^eLhele’V 7“^ 7] “ ‘‘'••g«>»ent about it. but. just 

yant to pt these facts in the record, and see if tliere can be an 
agreement on any of them. i^icie tan ue an 

Mr. Fitzgerald. I was not present at any of the hearings Mr 
Cunningham was chairman of the ballot-laiv commission atd as I 
recall it, these men did not come from Jlr. Lomasney’s ’ward’alto 

ff, 6. S 6 is where 

Ml. Callahan is. He is in charge himself. My recollection is tliat 
th^e 40 men came from the south end as welflis the west end 
m7 F 7 KGER 4 ^rTTr 7 “len whose names were on the ballots? 

ys deSeTa^l; as^^uU:7.t^^ SrwKrt^^IrS 

had been asking Mr. Cunningham to finish the hearing ^ 

.b« ■" ■ "■-‘j *"« 

J want to say when Mr. Cunningham was on the stand 

Ml LucrTherfsT no? l it. 

men canm hi? «bout 40 

Mr. Harrington. Yot in this proceeclino- 

nf ?£• rr s- js 

...gefH. »,a 

ri ™ s rBs: 

Ml. lAGUE. Cast against me.” 

Mr. Luce. You said “For you.” 

Mr. Tague. That is a misprint 

m!- tIgue'yIs'® P'it^gerald here? 

haveadh^e"sfed1rri:YtoL"rd"£" 


CONTESTED-ELECTION CASE OE TAGUE V. FITZGERALD. 83 


Mr. Luce. No ; that is your notice of contest. Oh, yes; you say “ in 
the primary.” Do you still stand by this allegation, that several 
hundred votes were fraudulently cast for Mr. h'itzgerald in wards 
5 and 6? 

Mr. Tague. Yes. I will go further and say there were a thousand 
cast for him that had no right to vote. 

Mr. Luce. You say that was the situation in ward 6 as well as 
ward 5? 

Mr. Tague. Positively; and I think I have given it in my testi¬ 
mony. 

Mr. Luce. Do you show anywhere in the testimony whether the 37 
fraudulent votes in the primary were also fraudulently voted upon 
in the election—soldiers that were dead, etc. ? 

Mr. Tague. I do not know that we do. I do not think that we do. 
The testimony before the notches took that matter up, so far as 
Mr. Cunningham was concerned, and proved that we had proven 
that case before the ballot-law commission. 

Mr. Luce. Do you allege in this testimony that these fraudulent 
votes were cast at the election? 

Mr. Tague. Yes; I do, positively. We have proven that in this 
case. 

Mr. Luce. I have not noticed that the allegations of fraud were 
applied to the election as well as the primary. 

Mr. Tague. Yes; they were. In my testimony I think you will 
see where I said they would apply to both. 

Mr. Luce. Could you or Mr. Harrington point out to me in the 
testimony one or two of those? 

Mr. Harrington. The only thing is where we called on Mr. Cun¬ 
ningham and made him submit all the letters he had received from 
the War Department as to where these boys were, and those are all 
in the testimony. 

Mr. Luce. That does not quite meet my point. You say “John 
Smith, dead, had his name voted on in the primary”? 

Mr. Harrington. Yes. 

Mr. Luce. I am trying to find out whether you allege that name 
was also voted on in the election ? 

Mr. Harrington. Yes, sir. This shows that was voted on in ward 
5 in the primary and also in the election. That is an exhibit and 
part of this record. 

Mr. Luce. Then we can find out from the record whether Freel 
was voted upon at both the primary and election ? 

Mr. Harrington. Yes. Mr. Cunningham had the documents from 
the War Department, which were public documents, and admissible 
in proceedings like that. He brought them in and read them into 
the record, and they are in the record under his testimony. 

Mr. Fitzgerald. That is in connection with the primaries, because 
he had nothing to do with the elections. Mr. Luce’s questions were 
directed to the election. 

Mr. Luce. I wanted to know whether or not the fraudulent votes 
that were alleged to have been cast at the primary were a second 
time voted upon at the election. 

Mr. Harrington. That is our claim. 

134956—19—PT 3-2 


84 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 


Mr. Luce. Is there anything in the testimony that shows you made 
any preparation to contest these things at the elections, beyond 
malving up a list of the challenges that you contemplated? 

Mr. Harrington. There is testimony in there that under the Mas¬ 
sachusetts aw the election commissioner will decide all questions 
which shall arise in regard to the election, and we asked them to 
take up the matter of these challenged ballots. They brought in the 
opinion of the corporation counsel, saying they had no right to do 
Liat, and they refused to do it. Under the present ruling to-day in 
Massachusetts and in Boston, if you challenge 5,000 men in Boston 
for fraudulent voting you can not get any hearing 
oeroie the Boston election commissioners 
Mr. O^HSTREET. Mr. Tague stated a few minutes ago that Mr. 
1 itzgerald s counsel, Mr. Albers, in summing up his argument ad- 
nutted that there were 37 fraudulent votes ? ^ ’ 

Mr. Tague. Yes, sir. 

anything in the record that will show 
that tact, outside of Mr. Tague’s own statement? 

Mr. Harrington. No, sir. 

street. The reason I asked that question, Mr. Tague is a 
pait> to the case and a party in interest, and I wanted to know if it 
by any other testimony. 

Mr. Harrington. AVe tried to get that evidence before the notary, 
and we could not get the record from Mr. Cunningham. He did not 
flhniu* produce. Mr. Goodwin corroborated what he said 

fnZmi *■; fi "Although we had proven 37 votes were 

tzaudulent, that it was necessary for us to prove 50 votes were fraud- 
^''®Te was a difference of 50 ballots between us 
Mr. Overstreet. That is, in the primary? 

Mi^T^u^™”™^ testimony corroborates 

frMdulei^tr"' atlmitted those 37 votes were 

Mr. Tague. No, sir; I do not contend that. 

Mr. Elston. In your testimony here, when you show the votes 
were fraudulent, either through their absence or somebody else vot¬ 
ing their name, do you merely testify on a general presumption that 

Jharr^our fror'?'"' 

Mr. Tague. I do not quite get you. 

Mr Elston. Do you presume in every case of a fraudulent vote 
that it must have been a vote for Mr. Fitzgerald? 

Mr. Tague. The best proof of that is in the primarv in ward 5 
where Mi^ FitzgeraW got 275 votes and I only got 22 or 23. wLvo 
we showed 150 fraudulent votes it is safe to assume they did not vote 
for me or I would have been elected. ’ 

show'the^hWitv" '‘’Y «(lclitional testimony to 

show tlie identity of the persons who dealt with the fraudulent 

voters^and the methods applied simply raise .the presiimiition that 
fraudulent votes were cast for Mr. Fitzgerald? ^ * 

Mr. Under all the decisions of Congress I believe those 

precincts should be thrown out. 

Mr. Harrington. Both the Tague votes and the Fitzgerald votes 
Mr. Tague. I am going to ask the committee if they |et a chance 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 85 

to look over these daily papers from Boston. Mr. Fitzgerald has 
referred to it. I do not print these papers. These are the daily 
papers in Boston. They show what happened there last Tuesday at 
our primary in these same wards where they had to send down the 
State Guard to protect the ballots and to arrest repeaters, where a 
State senator was defeated and who makes the same claim of fraud 
that I have made. These are the daily papers in Boston. There is 
the Herald, the Globe, the Transcript, the Record, and the Traveler, 
the leading papers in Boston. They substantiate the charges I make, 
and they are charges that were made 20 years ago by Mr. Fitzgerald 
himself. 

Mr. Fitzgekald. May I ask Mr. Tague a question right there? 

The Chairman. Yes, sir. 

Mr. Fitzgerald. What State senator was defeated? 

Mr. Tague. Mr. Kearney. 

Mr. Fitzgerald. Was ward 5 in Mr. Kearney’s district? 

Mr. Tague. Ward 6 is. 

Mr. Fitzgerald. Is ward 5? 

Mr. Tague. No; but 6 is. 

Mr. Fitzgerald. Have you made any allegation in here about that ? 

Mr. Tague. All the way through. 

Mr. Fitzgerald. Mr. Luce asked you if you made any allegations 
about ward 6 and you said no. 

Mr. Tague. No. I said not in this hearing, but allegations were 
made in the primary against ward 6, and they were made again 
to-day by a man outside of this entire atmosphere, a man who is 
running for another office in the State. 

Mr. Fitzgerald. My point was, Mr. Chairman, to show this gen¬ 
tleman has claimed that at the recent election for State senator 
these very same charges were made, and I want the committee to 
understand that those charges bore no reference at all to ward 5. 

Mr. Harrington. Yes; they did. 

Mr. Fitzgerald. Pardon me. They bore no reference at all to 
ward 5. 

And he spoke about the primary the other day. Mr. Luce know^s 
the district. Mr. Kearney’s ward consists of ward 2, ward 6 in the 
south end, and ward 7. As I understand it, the charge he made 
before the election hearing now being tried out related to alleged 
illegal registrations in ward 6, and that ward 5, that he complains 
so much about, was not concerned in that. Isn’t that correct? 

Mr. Tague. I say “ In wards 5 and 6 in the congressional district,” 
where all the dirty work was done. 

IMr. Fitzgerald. It does not say who- 

Mr. Tague. Just let me do the talking, please. I did not in¬ 
terrupt you and I do not intend to be interrupted. 

The Chairman. Go on. , i i i 

Mr. Tague. Complaints against the treatment have been hied by 
one of the election commissioners. 

The Chairman. What ward is that? 

Mr. Tague. Five and six. The complaint was made by Jacob 
Wasserman, election commissioner. 

I called your attention to the case of Senator Kearney, because 
that is one of the highest offices in the State, in the same district 
controlled by the same man that did the dirty work against me. 



86 


CONTESTED ELECTION CASE OF TAGUE V. FITZGERALD. 


i h newspapers, the Post, the Herald, the Traveler 

men can^sM^llm ^ down here so you’ 

cTv of Bostonipfi'r"®?? 'die story, when an official of the 

u ^ proven every single thing I have chnrp-od «« I 

ci^get'’hohl‘l,f evidence of every description® th’at we 

w /ot denied and rP ^ i'^^e said they 

fairnesfaS all’tha; af er® hi the charge of un"^ 

?ectfon“of h^ court!?v;n?o\nrd"„lde?X Iro" 

° - iS Trsday" " " 

It/* about registration? ^ 

is registSn For®l1lSrs’l'\^^^^^ last year. There 

in Boston. And this man for <50 vnarol^® ,?■ ve-registration 

day after day. Day afe^dfv C ‘i'i® ^''“'d 

with all these illegalitier Yon infn ’'“dd'“? “P this ward 

™nh^\S:p"i„r4’:.nfe r‘‘“ 

Mi. Duce. That is what I thought. ^ 

Mr. '^G 0 E. It only went back mi trial 

Mr. Harrington. He lost 1,500 that Year Tl,p r 

went around seeing the men doino- tPeJ n i captains 

names. ^ “e'^ duty, and they lost 1,500 

ba£ into the record. When did they go 

Mr': Sui^r'lOlT?"” ^ it- 

Mr. Harrington. The noliee li«l ir, iqit i xi 
1916. P ®® 1917 and the assessor’s list in 

P'^CE. 1916 the assessor* 

Mr. Tagde. Yes, sir. 

Mr. Luce. And 1917 the police? 

Ml. Tague Yes, after one year’s trial 

£: 

Mr’: y®“'- primary? 


CONTESTED-ELECTION" CASE OF TAGUE V. FITZGERALD. 87 

Mr. Luce. So tlie assessor did not cut any figure in that ? 

Mr. Tague. No, sir. 

Mr. Harrington. M"e followed it up on the 1st of April. After¬ 
ward the triie-nanie law went into effect; that is, in between Mr. 
Tague’s contest and the present primary. We went down the 1st of 
April and they lost 1,500 of the assessed voters. 

Mr. Luce. In speaking of figures, we are speaking of round num¬ 
bers and need not be exactly accurate. 

Mr. Harrington. No; just the rough estimate. 

Mr. Luce. Did you offer the list which you say is 1,500 less? 

Mr. F ITZGERALD. They did not offer anything of the kind. 

Mr. Luce. Can ^mu get the exact figure? How much is it? 

Mr. Harrington. I think I have it downstairs somewhere. 

Mr. Luce. I think it would be beneficial to the committee to know 
exactly. 

^Ir. FIarrington. I will have that some time during the day. 

Mr. Tague. I have tried to get from the assessor in Boston a list, 
and it has not come yet. I will try to have it before the committee. 

In want to emphasize one fact and say that in all these places 
where we have charged these illegalities we were unable to get one 
single boarding house or one single hotel to bring into court their 
books. They would not bring in their registers to show where these 
men were registered from that day and how long they were there. 
The men did come in—the man who ran the notorious Hotel Luzerne, 
where there were 55 or 56 men registered. We asked him, ‘‘ Do you 
know Mr. Barney ? ” He said he did not, but he was registered from 
his hotel. When we told him he had been registered from his hotel 
for four years this man did not know him, and he was registered 
there every day during April. There was another case at the Hotel 
Vienna, el. F. Callahan came down the day we closed the case, too 
late to testify, and he testified that 12 or 14 years before he had 
registered from the Hotel Vienna; that he had not been in Boston 
in all that time, except to come in on his ship and go right out 
again, but still they carried that name for all that time, and they 
voted the name election day. And the man testified that the day he 
was voted—the day his name was voted—he was doing time for 
drunkenness. 

I am not going to tire you any more. I am sorry to have taken 
“lip your time this morning, because I think it is unnecessary. 

Mr. Fitzgerald. I think Mr. Tague has taken about twice as much 
time as I did, and I will not take any more time of the committee. 
If conditions are as bad as Mr. Tague"^ describes, of course, there is a 
job in Massachusetts for Mr. Luce and men of his type. And I 
think if the Massachusetts laws are violated in the way he describes 
it is a shame to the State of Massachusetts. 

As indicative of the careless way in which Mr. Tague makes 
statements he says there is no registration. Of course, there is regis- 
ti-ation. Mr. Luce knows that and everybody knows that. 

Mr. Lehlbach. He meant personal registration. 

Mr. Fitzgerald. Of course, there is personal registration. There 
is personal registration in Mr. Lomasney’s ward, ward 5, where 
there are approximately twenty-three or twenty-four thousand 
names; and they have got to find the names of the voters on the 


88 


CONTESTED-ELECTIOlSr CASE OF TAGUE V, FITZGERALD. 


Isf ol^'lVT.fv 'I 1^- i-egister the 1st of April or the 

There J A? f’®'® * T® there IS a supplemental registration. 

ing to fifteen'and“wlnVimft;ven^^ 

"*■ “»■' .... 

Mr' FiTzm4?r'; ‘*‘® 1-egistration list? 

JS’oTzr&r * 

.in.i «TSS.!' ‘ """ “ “ •>»“ ”• i“'« <» 

Mr. Fitzgerald. No. 

sSiSjr beJrracSiKS fo?t yZs 

h^I^an\*k‘^^at the^^^^^^ 

ne meant it—that they have no such registration. ^ 

noW No; he does not even have to pay taxes. The 

Qt oa year, or the assessor, and they make" a list 

Mr. h ITZGERALD. Certainly. ^ 

"LllTc?. “Sr *'• <“ 

e^en it you get all tliose, you can not win.” That iq all Mr> a il 
the chatle wLTnirSft 35 

rtEE/?B:rlr’3^ 

s.”cL;z.si.nr»rs,r.^ 

th® reco^d'slZTif^The 

«. bi. of .vktrruSsia 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 89 

this great reformer. If that condition exists in Boston to-day it 
existed at the time he was in Congress and he accepted his election 
from that very man at the time he was in Congress. If that is the 
condition we have in Boston, I say shame on Boston. 

He spoke about this Mr. Gray. 

Mr. Luce. I think it would b? better not to go into that. 

Mr. Fitzgerald. I accept your suggestion. If Mr. Luce does not 
wish to go into that phase of it, I will not pursue it any further. 

He spoke about my running away to Palm Beach. How absurd. 
I was at Palm Beach 10 days, and the election contest was running 
40 days. Mr. O’Connell is a personal antagonist of a good many 
years, and there is no reason why I should go to that notary. We 
were willing to appear any place that was proper. Mr. O’Connell, 
among other qiiestions, asked a woman if she slept with her husband 
the night before. That was the atmosphere of that hearing. 

Mr. Lehlbach. What about that question ? 

Mr. Fitzgerald. I think it is an indecent question. 

Mr. Lehlbach. Not at all. He meant was he in the house with 
her at the time he was charged with casting a vote. What is the 
use of distorting anything in that way? 

Mr. Fitzgerald. I am not distorting anything. I am only giving 
you the atmosphere of the place. Why should I promise Mr. Tague 
to go down there? He says I did. 

Mr. Tague. It is in the record. 

Mr. Fitzgerald. Why should I promise him? What obligation 
was there on my part to promise anybody to go down there? Why 
should I go down there to prove Mr. Tague’s case? I was elected. 
I had the election certificate under the election laws of Boston and 
the election laws of Massachusetts. Why should I go down there? 
I was in Palm Beach, and Mr. Palmer was down there 10 days and I 
was there 7 days. I was all around Boston. There was no 
reason why I should go to court before that notary public that Mr. 
Tague had, where all his charges were made. What did I know 
about Mr. Lomasney’s ward? I did not live in that ward. 

Mr. Elston. Do you believe, after testimony had been offered by 
Mr. Tague bearing upon misconduct in the conduct of the election, 
that it was not incumbent on you at all to clear yourself of any 
connection with the case? 

Mr. Fitzgerald. In the proper place. I knew I could come before 
this committee, and I knew I could come before the election board 
in Boston. They are the proper tribunals. 

Mr. Elston. But this is a particular cas?. There is no use refer¬ 
ring to general conditions. 

Mr. Fitzgerald. I knew nothing about the registration. 

Mr! Lehlbach. You can not excuse yourself now for not present¬ 
ing your case and meeting every allegation in the statement made 
by the contestant. 

Mr. Fitzgerald. My counsel attended to that. I am not asking 
any favor because I did not go down there. I am only giving my 
reasons. I knew nothing about the illegal registration in ward 
6 or illegal registrations in any of the other wards. There was no 
reason for me going down there. I just wanted to dispute the state¬ 
ment that I promised to do anything that I did not do. 


90 


CONTESTED-ELECTION CASE OF TAGUE V. PITZGEKALD. 


but he said 

gave him hirelectbV ward; and Mr. Lomasney 

opponent, and there were ward^ in Phikdel^hL”^ L 

s\fco“s »'■ »r 

as mSf that^'”'^^*^ leadership, for Mr. Tagufas wdJ 

chaps, which I contend rreb^etess^"''^^® ‘bese 

is notl 5 "‘ 

appeared before the committee and I^ffl?/ t°^^ case where Shafroth 
I appear before a bodvTf men are mv ^er'^'^^T I 
seat. The responsibility wS mine a^d I w-fsTi-f ‘be 

stand here for hours and let Mr 'Tao'up oot ^ willing to 

wanted to, or any member of the committee Thra'^’if * 1 ® 

tee, after considering the case om, t J, ^ i the commit- 

741 S'"" ‘'“ I *'no. “If 44;,!, S 

n «.K zrS“ “i 4 &4K!f3" tn';. t ^ 

ps;s ssSo 4 o 4 ;f 3 : W 

ton ., „.., „v »sf,™ S'bSo',? •, 'fit 

bn'LJfiS 4 S'n 4 !l S;.V'lo-S 4 !f “‘''“I” 

names Of soldiers and sailors^voted upon ^ ’“ave proven the 

AT ■ Who were they ? 

mission that deaTnieMs”names^w|.re^^^ b’^^ot law coin- 

case of a man named Runciv and wIL fl, ; ■} the 

said he did it because the m’owri wbq / ’ ^ P*'* *‘i“P ’“m Runciy 

to be yellow. " and he did not want 

Mr. Fitzgerald. That is not so. 

Mr. Fague. It is in the testimony 

r?“f, tte 

,0„ *,, 1. i, 


CONTESTED-ELECTION CASE OF TAGUE V. FITZGERALD. 91 

/ 

appeal. I am not going to go into personal bickerings. I am not 
going to try to be unfair. You men know the case. You have 
studied it. There is the record in the case. It has not been denied 
in any way, shape, or form. The gentleman had his day in court, 
had his own notary, who he said he would not appear before. 

Great Scott! if the Congress of the United States adopts a law' 
and sa^ you shall appoint a notary to hear your case, and a Mem- 
bei of Congress says he does not intend to abide by your law, what 
good IS the law of Congress? That is what he has done. 

Mr. Luce. Was he ever summoned? 

Mr. Tague. His attorney came into court and told us he would 
appear, and he did appear, but he went right out. 

Mr. Elston. That was not in this case, but merely before the com¬ 
mission. 

Mr. Harrington. They notified us he would appear and testify. 
He never appeared. It is in the record. 

Mr. Tague. That is all I can say. I will not take up any more of 
your time. 

Mr. Fitzgerald. I never was summoned, and I was around Boston 
all the time. 

(Thereupon, at 12.15 p. m., the committee adjourned.) 





I house of REPRESENTATIVES. | 


CONTESTED ELECTION CASE, TAGUE v. FITZGERALD. 


October 13, 1919.—Referred to the House Calendar and ordered to be printed, 


Mr. Goodall, from the ;;^onmiittee on Elections No. 2, submitted 
the following 

REPORT. 

Your Committee on Elections No. 2, having had under considera’- 
tion the contested election case of Peter F. Tague v. John F. Fitz¬ 
gerald, tenth congressional district of Massachusetts, and having 
completed its investigation and consideration of same, herewith sub¬ 
mits its report to the House of Representatives. 

Contestant and contestec were candidates for the Democratic 
nomination for Memher of Congress in the primaries in the September 
preceding the election. Contestee, on the face of the returns, was 
declared to have received the nomination, whereupon contestant in¬ 
stituted proceedings to have this result reversed, first before the 
board of election commissioners of the city of Boston and subse¬ 
quently before the ballot-law commission of the State of Massachu¬ 
setts. The validity of contestee's nomination was eventually upheld, 
but the decision was rendered a few^ days before election day^ 
too late for contestant to file an independent petition whereby 
his name could be printed upon the ballots to be used in the general 
election. The method of voting in Massachusetts is by the voter 
making a cross after the name of the candidate of his choice where 
it appeai-s on the ballot. Where the name of the voter's choice is 
not printed on the ballot, he is permitted to write the name thereon 
or affix thereto a sticker bearing the name of his choice and then 
marking a cross after the name thus wTitten or affixed. All votes 
cast for contestant in the election necessarily were of this char¬ 
acter. On the face of the returns contestee was declared elected by 
a plurality of 238 votes in a total number of 15,293 votes cast for 
Member of Congress in the entire congi’essional district. 

One thousand three hundred and four ballots cast in said election 
were disputed. Your committee carefully examined each of said 
disputed ballots and where povssible gave to them such effect as 
from their examination was obviously the intent of the voter castino' 
the same, within such limitations, however, as the common law an3 
the statutes of the State of Massachusetts prescribe. A large num- 














CONTESTED ELECTION CASE^ TAGUE V. FITZGERALD. 


of such ballots had affixed to them stickers bearing the words 

Peter F. Tague for Congress*’ or had the name of Peter F. Tague 
written thereon wdthout, however, a cross thereafter. “^No other 
candidate for Congress was voted for on such ballots. In the ab¬ 
sence of a provision expressl^^ rendering such a ballot void in the 
Massachusetts statute and in the absence of a reported case on that 
point in this State, the committee held that the intention of the 
voter to vote for Peter F. Tague was manifest-by affixing a sticker 
or writing the name, notwithstanding that the act had not been com¬ 
pleted by the making of a cross thereafter, and counted such vote 
for lague. ^ Various other changes in specific cases from the deter¬ 
mination of the local canvassers w^ere made, the committee acting 
except in the above set forth instance, with practical unanimity' 
After such reexamination of the ballots, the committee found the 
plurality of contestee to be 10 without passing upon the validity of 
14 ballots challenged at the polls, all for contestee, and 6 soldier 
votes received in the office of the secretary of state of Massachusetts 
on days subsequent to the day of election, of w’hich 5 were for con¬ 
testee and one for contestant. 

It is but just to state that in its review of these ballots the com¬ 
mittee found the work of the board of election commissioners of the 
city of Boston to be fair, impartial, and accurate, the difference in 
its determinations and those of the committee being substantially 
due to the fact that the Boston commission was guided by an opinion 
^ ^ attorney general of Massachusetts rendered some 20 years ago 

which your committee was unwilling to give the force of law in the 
absence of judicial support. 

Contestant, among the reasons in his notice of contest, charo-es the 
following: ® 


E In ward 5 the large vote which was cast for you was composed in great part 
of those who had been colonized in said ward for the purpose of manipulation bv the 
political organization of said ward, which colonization and illegal registration and 
illegal voting was contrary to the State and Federal law. » s 

Various other charges of frauds and irregularities at the general 
election are made by the contestant. He also charges gross frauds 
and irregularities in the condu'ct of the primary election, including 
the charge of colonization and illegal registration. As these other 
charges were not determming factors in the committee’s conclusions 
save as they may have corroborative and cumulative effect with 
regard to the charge E, your committee refrains from discussing 
th^ in this report except as they are incidentally referred to below 

Your committee, after careful and exhaustive scrutiny of the oral 
testimony taken in the case and the exhibits filed therewith finds 
and reports the following facts: ^ 

The laws of the State of Massachusetts do not provide for an an¬ 
nual personal registration of voters. Names appearing on the regis- 
ti^ list are carried subject to the check of a canvass made bv police 
officers on the 1st day of April of each year. Information not under 
oath furnished the police on this occasion by a member of a house¬ 
hold or by an employee of a hotel or lodging house is sufficient to 
retain a name on the registry list. Holders of liquor licenses must 
be residents of the locality m which the license permits them to do 
business. Municipal employees must be residents of the munici¬ 
pality upon whose pay roll they are. There were a large number of 


CONTESTED ELECTION CASE, TAGUE V. FITZGERALD. 3 

licensed liquor places in the fifth ward of Boston. The existence of 
these licenses depended upon the city of Boston voting wet in the 
local-option elections. Because of the necessity of license holders 
being residents of the city of Boston and because of the desirability 
oi the employees of these places voting in the Boston local-option 
election in order to insure the continuance of their employment, such 
liquor dealers, bartenders, waiters, and porters whose homes, in fact, 
were elsewhere took advantage of the laxity of the registration laws 
bv causing their names to be placed upon the registry lists of the 
hfth vard, retaining the same year after year by the expedient of 
spending a few nights at some address in the ward on or about the 
1st of April and voting in the primaries and on election day and inci¬ 
dentally m the local-option election in the fifth ward of Boston, 
the same state of facts obtains with regard to municipal employees, 
particularly with regard to those who obtained their appointments 
through Martin M. Lomasney, the acknowledged political leader of 
the fifth ward. This state of affairs is particularly prevalent in 
precincts 4, 8, and 9 of said ward. There also are located in these 
three precincts 28 hotels or lodging houses. From these places 230 
votes were cast, 153 of which came from seven lodging houses. 

L our committee finds and reports that large numbers of names of 
persons were handed in to the police by the clerks of these lodging 
houses as being domiciled there, who, in fact, were not such residents 
and of whom, subsequently, no trace could be found. 

Your committee finds and reports that the total vote cast for all 
candidates for Congress in the fourth, eighth, and ninth precincts of 
the fifth ward was 906. As a result of an investigation a list of 316 
names of persons who had voted in the election in these three dis¬ 
tricts was compiled, who prima facie evidence indicated were fraudu¬ 
lently upon the registry list. These were summoned to appear and 
testify before the notaries public taking testimony under the authority 
of and by the direction of Congress. Service of these summons was 
intrusted, to the United States marshal of the judicial district and 
his deputies. Of this number 188 could not be found, either at the 
addresses from which they voted or elsewhere. Seventy-seven upon 
whom process had been duly served refused to appear. Of the re¬ 
mainder who appeared and by their testimony sought to justify the 
legality of their vote, a large majority were not in fact domiciled at 
their voting address, but had families elsewhere with whom they 
actually made their homes, and their pretentions to a residence in 
these precincts of ward 5, upon which they could legally predicate 
the rignt to vote there, were the flimsiest subterfuge. In addition to 
this testimony, in 28 of the cases of alleged fraudulent registrants 
who refused to obey the congressional process, the testimony of 
women who knew these men and their families proved their non¬ 
residence at the addresses voted from. 

Your committee finds and reports that fully one-third of the total 
number of votes cast in the fourth, eighth, and ninth precincts of 
the fifth ward of Boston were fraudulent. 

Your committee further finds and reports that Martin M. Lomasney 
is the political boss of the fifth ward; that he is nominally a Democrat 
but that when it suits his personal ends he has no hestitancy in 
wielding his power to encompass the defeat of Democratic candi¬ 
dates; that he and his lieutenants work through an organization 


4 


C^ONTESTEl) ELECTION CASE, TAGUE V. FITZGERALD. 


located in tlie flftli ward, known as the. Hendricks (dub; that he ha?? 
built up his power tlirou^h a number of years largely by means of 
the fraudulent votes of the liquor dealers, bartenders, and city job 
holders illegally registered in his ward and the padded returns' of 
alleged residents in the cheap lodging houses. Lomasney admits 
that he used the full powers of his organization and resources to 
defeat contestant. 


As an example of the methods employed, your committee refers to 
the tact that at the primary election the names of a number of young 
men who were absent frdm Boston in the military or naval service 
ot the country were voted on, among these being the son of the 
piesideiit of the Hendricks Club and the son of the secretary of that 
oiganization. In each case where the name of the son was thus 
fraudulently voted on, the father was in charge of and present at the 
polling place at which such vote was cast. 

committee further points out that one of the workers on 
behalf of the contestee, subsequent to the selection, admitted to 
a iriend of contestant that he had caused to be prepared and dis¬ 
tributed stickers with no gum attached, in order that the person 
Tague would be thwarted in this by the falling 
on oi the sticker after the ballot had been deposited in the box. 
ouch a sticker without gum was produced in evidence, but there was 
in tacLno direct evidence produced showing the distribution at the- 
polls of such ungummed stickers by workers for the contestee. In 
corroboration of the admission of the supporter of contestee, how- 
eyei, .yt>ur committee found on 10 ballots crosses after a blank space,. 
With evidence that the paper in said blank space had been mois- 
teneh, apparently in an endeavor to affix something thereto. 

That Lomasney exercised in this election control over laro-e num¬ 
bers of th^e illegal registrants is demonstrated by the followino- 
incident. Process under authority of ballot-law commissioners of 
Massachusetts had been served on a large number of alleged fraudu¬ 
lent voters m the investigation of the primary election. They refused 
to appear. Ihe commission intimated that their absence might 
militate against the contestee. Lomasney thereupon appeared^ in 
the court room al the head of some 45 alleged witnesses. He admitted 
wfien testifying in the congressional investigation that he had ordered 
these witnesses produced. He refused to render like assistance to 
Congress. Questions as to his ability and willingness to assist 
Congress in the production of evidence sought under its authority 
procedure prescribed by it in statutes were 
excluded by the notary public, Mancowitz, who functioned on behalf 
M contestee. In this the notary grossly exceeded his authoritv. 
His performance during the hearing presents a curious admixture of 
Ignorance and impudence. The attitude of Lomasney, Mancowitz 
and certain others present at the congressional proceedings on behalf 
of contestee was one of defiance of the authority of cLgress and 
resentment at its mterference in what they deemed their locM affairs 
in tne lace ol all this evidence contestee contents himself with a 
bare denial and produces no testimony to refute it. 

Having found the facts to be as above set forth, it remained for 

c^oXrt'tt 


CONTKSTFA) ELKCTlOTs" CASE, TAGUE V. FITZGERALD. 


5 


Early in the history of congressional contested-election cases, the 
doctrine was developed that where precincts or districts were so 
tainted with fraud and irregularity that a true count of the votes 
honestly cast was impossible, such precincts or districts must be 
rejected and the parties to the contest may prove aliunde and receive 
the benefit of the votes honestly cast for them. As early as the 
Fourteenth Congress, 1815-1817, in the case of Easton v. Scott 
(Rowell’s Digest, 68), the committee unanimously recommended 
that the alleged return from the precinct of Cote Sans Dessein be 
rejected and submitted resolutions declaring petitioner entitled to 
the seat. This report was recommitted to the committee with 
instructions to receive evidence that pei’sons voting for their candi¬ 
date were not entitled to vote on the election. Apparently the 
recommendation of the committee to reject the vote of the precinct 
was not questioned. The doctrine thus laid down by the Elections 
Committee in the Fourteenth Congress has been followed in an 
overwhelming number of cases, the most recent being— 

Horton v. Butler, twelfth Missouri, Fifty-seventh Congress. 

(Moore’s Digest, 15.) 

Wagner v. Butler, twelfth Missouri, Fifty-seventh Congress. 

(Moore’s Digest, 20.) 

Connell v. Howell, tenth Pennsylvania, Fifty-eighth Congress. 

(Moore’s Digest, 23.) 

Gill V. Catlin, eleventh Missouri, Sixty-second Congress. 

(Moore’s Digest, 52.) 

Gill V. Dyer, twelfth Missouri, Sixty-third Congress. (Moore’s 

Digest, 84.) 

The contention that by this procedure honest voters lost their 
franchise and that the parties are deprived of votes honestly cast 
for them is overcome by the rule that evidence aliunde may be 
received to establish what persons honestly voted in such pre¬ 
cincts and for whom. Contestee after notice of the charge and after 
knowledge of the testimony in support thereof that so many fraudu¬ 
lent votes had been cast in the fourth, eighth, and ninth precincts of 
Avard 5 in the city of Boston as to vitiate the returns from that 
district had ample opportunity, particularly in view of the influence 
and control exercised over such voters in these precincts by his 
supporter, Martin M. Lomasney, to produce persons lawfully entitled 
to vote in said precincts and to prove by their testimony that fact 
and that they had voted for him. It has at times been suggested 
that a proper procedure would be to deduct from the return of a 
tainted precinct the number of fraudulent votes proved and if it 
can not be established for whom such fraudulent votes were cast to 
apportion the loss pro rata between the contesting parties. This 
course would result in the election of the contestant. Your com¬ 
mittee, however, is unwilling to adopt this procedure and base its 
recommendations thereon, because it believes that the number of 
fraudulent votes in these precincts was greater than the number 
actually proved; that in the conditions obtaining such fraudulent 
votes were not cast pro rata between the parties to this contest; that 
it is a bad precedent and consequently your committee is unwilling 
to assume responsibility therefor and that as a remedy for the con¬ 
ditions developed by the evidence it is inadequate. Your committee 
rejects the suggestion that the seat be declared vacant. Such a 


6 CONTESTED ELECTION CASE, TAGUE V. FITZGEKALD. 

course in the state of facts proved in this case is contrary to the 
established practice of the House of Representatives. It is unfair 
to the contestant and to the honest voters of the tenth congressional 
district of Massachusetts, the majority of whom voted for him. It is 
repugnant to the legal maxim that there should be an end to litigation. 
It IS withholding by the House of Representatives the full measure 
ot its disapprobation which it ought to set upon the situation dis¬ 
closed m this case. 

Rejectii^ these three precincts, your committee finds that the con- 
tenstant, Peter F. Tague, on the face of the returns, without con¬ 
sidering the changes made by the committee in its recount of the 
ballots, received a plurality of 316 votes over the contestee, John F 
Iitzgerald. Giving effect to the revision of the count of ballots, your 
committee finds that contestant had a plurality of 525. 

For the reasons assigned, your committee recommends to the House 
the adoption of the following resolutions: 

1. That John F. Fitzgerald was not elected a Member of the House 
from the tenth congressional district of the State 
of Massachusetts in this Congress and is not entitled to retain a seat 
herein. 

2 That Peter F. Tague was duly elected a Member of the House 
ol Kepresentatives from the tenth congressional district of the State 
01 Massachusetts m this Congress and is entitled to a seat herein. 

Louis B. Good ALL. 

Frederick R. Lehlbach. 
eT. A. Elston 
M, E. Rhodes. 

A. W. Jefferis. 

Cornelius A. McGlennon* 


CONTESTED ELECTION CASE, TAGUE V. FITZGERALD. 


7 


MINORITY VIEWS. 


ith the conclusion of the majority of the committee that the 
f y Fitzgerald should be declared vacant 

Lx ’/r J ^Fat Peter F. Tague should not be 

iw hr h reasons: 1. It is not possible 

9 tl '^ ^at Mr. Tague received a plurality of the votes legally cast. 

\ repstration of which Mr. Tague complains and which 
urnislies the only sufficient ground for vacating the seat was a con¬ 
tinuance of the conditions that Mr. Tague twice accepted when to 
Ills advantage, and that aroused his protest only when turned to 
his detriment. He may not profit by fraud at which he had con- 
ni\ ed. 3. lo reject the polls of three precincts is not justifiable. 

. When an election is tainted with fraud, the proper remedy is a 
new election. ^ ^ 


1. After careful examination of all the disputed ballots, the com- 
mittee agreed that with the most liberal inteijiretation of the expres¬ 
sion of the will of the voter for which any Member contended, the 
plurauty remained for Mr. Fitzgerald. This could be overturned 
only by shoving that votes were illegally cast. There was some 
evidenc^e of impersonation, or what is commonly known as repeating; 
but It bore mainly on the primary, and there was no proof that it 
suthced to change the result of either the primary or the election, 
nor was it probable that such proof could now be obtained. This 
narrow^ the question to one of illegal registration. Here insuper- 
able difficulties lie in the way of proof warranting the rejection of 
specific ballots. Before the days of the Australian system such 
proof could often be had by showing what party ballot a man had 
been seen to cast or by showing other circumstances warranting 
reasonable deduction without reliance on the man's own testimony. 
Under present conditions the man's own testimony is usually the 
only recourse, and it is palpable that this is most dangerous. Opinion 
is divided as to whether, in view of the secrecy contemplated by the 
Australian system, a man may be compelled to testify as to how he 
voted. Possibly if it proved that he was not entitled to vote, testi¬ 
mony could be forced, but it would deserve little credence. The 
motive for perjury is strong and a false declaration would have slight 
element of danger to the witness, for it could rarely be contradicted. 
In the present case it was shown that illegal registration had also 
taken place in the wards carried by Mr. Tague, and although no 
attempt was made to prove it existed there to such an extent as in 
the wards carried by Mr. Fitzgerald, there was nothing to indicate 
that even if it were possible to prove in specific instances for whom 
illegal votes were cast, it would be shown that no considerable 
number of such votes were cast for Mr. Tague. 

2. Mr. Tague had been twice elected to Congress under the same 
conditions as those of which he now complains. In each instance he 
sought and accepted the support of Martin M. Lomasney, a ward 
leader whom he now charges with being responsible for the frauds 
alleged. As a candidate for a third term, he again sought the support 
of Mr. Lomasney, and only when that was refused did he show any 


8 


CONTESTED ELECTION CASE; TAGUE V. FITZGERALD. 


ohjoctioii whatever to the methods by which he had profited and with 
which he was thoroughly familiar. For many years it has been com¬ 
mon knowledge in Boston that many men whose real homes are in 
the suburbs, make an annual pretense of living in the locality here 
concerned, for financial, political, or social reasons. It has also been 
commonly known that men in unreasonably large numbers have been 
registered from lodging houses, with the effect of making impersona¬ 
tion easy, inasmuch as repeaters can vote on the names of such men 
with little fear of detection. Mr. Tague took no offense at this state 
of affairs while it accrued to his advantage. He then made no request 
to the election commissioners that lists should be purged. He em¬ 
ployed no investigators, no challengers. He did not assume it to be 
a part of good citizenship to lay the facts before the legislature and 
suggest a remedy. He acquiesced in what he now declares to be 
fraud, because that was then to his benefit. It is a cardinal principle 
of justice that he who seeks equity must come into court with clean 
hands. A man may not profit by fraud both coming and going. 
Mr. Tague is estopped by his previous acquiescence. 

3. The proposal to change the result of an election by rejecting 
the poll of three precincts raises a question of fundamental importance 
that the House may usefully consider. It seems rarely if ever to 
have been fully discussed on its merits, either because involved with 
jiartisan considerations or because ignored. Yet resort to the device 
has become so frequent, its dangers are so manifest and manifold, it 
so lends itself to partisan abuse, that on an occasion when the issue 
is between two men of the same political faith, the House may well 
take advantage of the opportunity to declare, without suspicion of 
prejudice or bias, what it may deem to be the true rule. 

The question rose in the second contested election case coming 
before the House. It was in the Second Congress that Gen. James 
Jackson contested the seat of Gen. Anthony Wayne because of gross 
frauds in a Georgia district. The House did not heistate to vote 
unanimously to unseat Wayne, but when Jackson urged that the 
seat should be given to him by rejecting the returns of certain coun¬ 
ties, the House refused. To be sure it was by a tie vote, the Speaker 
deciding, and it seems to have been feared that if new evidence were 
admitted, it might put the House in an awkward position by showing 
Wayne to have been elected, so that the precedent is not clear, but 
at any rate the proposal to reject certain polls did not prevail. 

In the next Congress, in the case of Van Rensselaer v. Van Allen, 
the committee reported that according to the law of the State of 
New York the fact that more votes were cast for the petitioner in a 
town than were returned for him could not, if proved, suffice to set 
aside the vote of the town, and the decision was in favor of the sitting 
member. 

In the case of McFarland v. Culpepper, in 1807, irregularities were 
proved in three out of five counties, and if the returns from these 
three were thrown out the seat would go to the contestant. Culpepper 
alleged that if he had time he could prove irregularities in the other 
two. The report is directly in point here: 

The committee are of opinion that, even presuming the vote in Moore and Cumber¬ 
land to have been legally taken, it would be improper to deprive the other three 


CONTESTED ET.ECTION CASE, TAGUE V. FITZGERALD. 9 


^ fault of their election officei-s, etc., therefore think 
euSoi/ ^ ^ citizens of that district an opportunity to have another 

So the scat was vacated. 

Pen years later, in the case of Easton v. Scott, the committee by 
tiirowing out the poll of one township, where 24 votes were cast, 
would have given the seat to Easton, but the House recommitted 
tne report with instructions to the committee to take evidence. At 
tnis the conimittee balked, partly because of the remoteness of the 
district, which was in the Territory of Missouri, and the expense of 
CO ecting testimoii}’’. In the end a motion to discharge the commit¬ 
tee was amended by a substitute vacating the seat. 

.Uthough there were two or three cases where a committee showed 
itselt not averse to rejecting the entire vote of certain precincts 
towns, or counties, yet for nearly 70 years after Congress first sat in 
no instance was the result of an election changed by such a rejection. 

Then other doctrine gained ground. It may first have won judi¬ 
cial sanction in Pennsylvania, where in 1853, in the case of Juker v 
Commonwealth (20 Penn. St., 484), the election of a religious society 
having been held partly in a schoolhouse and partly in a yard, the 
court threw out the vote cast in the yard, even though the voters, 
there had been excluded from the schoolhouse. Four years later 
in Mann v. Cassidy (1 Brewster, 11), the court held: 


Tile entire proceediix,a:s are so tarnished by the fraudulent conduct of the officers 
charged with the performance of the most solemn and responsible duties that we 
would not only have felt abundantly justified, but it would have been our plain 
duty to throw out the return of every division to which we have referred This we 
are precluded from doing for the reason already stated. 


That is, the erasure of certain specifications from the petition. 
Upon this dictum was based a long line of decisions mostly the out¬ 
come of election frauds in Philadelphia. Reckless application of 
the doctrine did not, however, escape judicial criticism. Thus in 
Batturs p. Megary (1 Brewster, 162) Justice Brewster, agreeing as to 
the right, nevertheless said : 


I am of opinion that such a remedy should never be applied save in extremest 
cases. First, because you punish an innocent candidate for the acts of persons over 
whom he had no control, and who may have been corrupted by the opposite party to 
disobey the law in order that a legal majority in a certain division may be crushed 
by judicial decree. Second, because you punish innocent and legal voters when 
you disfranchise them for the crimes of judges and inspectors. 

More emphatic still was Chief Justice Thompson, dissenting in 
Election Cases (65 Penn. Stat. 20, 44): 

I maintain that there is nothing which will justify the striking out of entire divi¬ 
sions but an inability to decipher the returns, or by showing that not a single vote 
\vas polled, or that no election was legally held, if anything short of this is to have 
effect, the right of every elector is at the mercy of tlie election officers. 

In the following year (1871) in DecherPs case it was asserted by 
the Pennsylvania Senate that 'The dangerous and odious power of 
counting men in, or counting them out, of their seats in the legisla¬ 
ture, by the rejection of returns of district elections, has no more 
foundation in the laws of the Commonwealth, than in the general 
principles of justice.’’ Brightly, in that year preparing his Leading 
Cases on Elections, said in it that "perhaps no question which can. 


10 


CONTESTED ELECTION CASE, TAGUE V, FITZGERALD. 


arise in reference to the elective franchise has, in Pennsylvania, given 
rise to more diversity of opinion than the circumstances under which 
the poll of an entire division may be rejected.’’ He himself held: 
‘‘The theory that for gross disregard of the provisions of the election 
law on the part of officers a poll may be rejected though legal votes 
may have been polled, which the parties are prepared to prove, is at 
variance with the principles on which our institutions are founded.” 
He showed that the opposing views were those that had been adopted 
by political parties. In fact this had been made a party question 
into which the courts were dragged. The effect on the courts was 
exposed in the notable Pennsylvania convention of 1873. There 
Theodore Cuyler said: “This decision of contested-election cases has 
done more to shake the confidence of the people of Pennsylvania in 
the purity and integrity of their courts than any other class of ques¬ 
tions that has come before them.” 

Meanwhile partisanship had inflicted the pernicious doctrine on 
Congress. That may not have been the case with the first instance, 
where the^ result was changed by throwing out a precinct, Otero v. 
Gallegos, Thirty-fourth Congress (1856), but this was a Territory of 
New Mexico case of relatively slight consequence. With Howard v. 
Cooper in the Thirty-seventh Congress (1860), a political use of the 
expedient clearly began. Brightly characterizes this case as notori¬ 
ously partisan and entitled to little credit, yet it was to serve as a 
precedent sujmosed to justify many questionable findings. At the 
same session Blair v. Barrett was decicled by throwing out three pre¬ 
cincts; in 1864, in Knox v. Blair, the committee rejected a precinct; 
and in Washburn v, Voorhees, in 1866, the committee rejected two 
precincts. 

The device lent itself peculiarly to partisan needs and by this time 
contested-election cases had become political questions. During a 
long period after the Civil War the chief reliance of the partisan was 
the throwing out of entire polls. In one instance the whole city of 
Charleston was disfranchised; in another the whole city of Norfolk. 
Now that the fires of partisanship have somewhat died down, it may 
be admitted that the application of the principle had much to do with 
determining the Hayes-Tilden contest. 

Possibly m many of these instances a just result was reached, even 
though by dubious means. Yet it is the age-long experience of man¬ 
kind that it ^ better to keep within the lines of ordered justice than 
to disregard its canons for temporary ends. 

Attempts to defend the practice on grounds of principle have been 
singularly rare. One I find in the case of Myers v. Moffet (2 Bart., 
564), where the majority of the committee, excluding a division, said: 

If their exclusion works any disfranchisement of any voter, he will be glad of the 
opportunity to see to it hereafter that such men shall not deprive him Of his rights 
and will concur in a vindication of the law, which it is hoped will aid to assert the 
purity of the ballot box. 

This case, too, is characterized by Brightly as notoriously par¬ 
tisan, a judgment not inharmonious with the specious nature of this 
particular argument. Of like nature was the defense put forward by 
the Arkansas court in Patton v. Coates (41 Ark,, 111) in 1883: 

1 • * ,* * a free election, and every honest voter and intimi¬ 

dated or deceived voter is aggrieved thereby. It is his interest to sacrifice his own 
vote to right the evil. 


CONTESTED ELECTION CASE, TAGUE V. FITZGERALD. H 


But the court failed to show how giving an election to a minority 
candidate by throwing out polls will right the evil. 

More tfmable was the ground taken by the New York court in 
People r. Thacher (55 N. Y., 525), in 1874: 


cases if the return is discredited so that it is no longer evidence of the 
^ claiming under it, then the question who received the majority of 

by other legal proof. The vote of the district or pre- 
1 ?I r return relates is not to be disregarded. The electors ought not 

to be disfranchised because no return is made or because it has been rendered value¬ 
less by the fraud or mistakes of others. 


The doctrine that there should be resort to other proof is laid down 
in immerous cases, but unfortunately they are silent as to what should 
oe done II such proof is not available. For such a situation it seems 
to me the true rule should be that laid down by a majority of the 
committee m the congressional case of Curtin v. Yocum, in 1880: 

It will be seen from all the authorities that where a new election can be held with- 
out injurj^ It is the safest and most equitable rule to declare the election void and 
refer the question again to the people in all cases where there are a greater number 
m illegal votes proven, but for whom they voted does not appear, than the return 
majority of the incumbent. 


Such has been the invariable practice in the State whence the case 
before us comes, and although State practice has no binding control 
over Congress, the wise custom has been to give it weight, and per- 
naps this may with especial force be urged as to such a State as 
Massachusetts, universally admitted to have been exceptionally cir¬ 
cumspect and careful in its legislative and judicial processes. In the 
342 contested-election cases reported in Massachusetts from 1780 to 
1902 there is not a single instance where the result of an election was 
reversed by throwing out a single precinct, ward, or town. In one 
case, that of Perry v. Montague, in 1874, the majority of the house 
committee recommended the rejection of the vote of one of five 
towns, which would have seated the contestant, but the house, by a 
vote of 121 to 74, amended the minority report by declaring the seat 
vacant. There may have been later cases where the rejection of polls 
was suggested, but the Massachusetts view has been that admirably 
lUustrated in the case of Splaine v. McGahey, coming in 1885 from 
the very locality now under consideration, on the score of irregu¬ 
larities of the same nature as those of which there is here complaint. 
There was evidence tending to show votes cast by men who did not 
reside in the district, votes on the names of men who had died in the 
interval between registration and election, votes on the names of 
others who did not go to the polls. The committee reported it im¬ 
possible to determine which candidate was elected, and recommended 
declaring the seat vacant, which the senate proceeded to do. 

This I urge to be the equitable course in the present instance. 

For such a course there is plenty of congressional precedent I 
find at least 16 cases in which the House has declared the seat 
vacant under circumstances more or less analogous to those here 
under consideration. In nine of these cases the House took that 
action against the advice of its committee, which in six cases would 
have given the seat to the contestant, in three would have retained 
the sitting Member. 

4 Furthermore, I urge the House by its action to take advantage 
of the opportunity to lay down a general rule that may appeal to 


12 COKTESTED ELECTION CASE, TAGUE V. FITZGERALD. 

the good judgment of our successors. At a moment when there can 
be 110 suspicion of partisan bias, under circumstances fully war¬ 
ranting a declaration of sound i^rinciple, let it be said that whenever 
the result of an election is put in doubt by iiTcgularities or fraud of 
a serious character, the remedy shall be the vacating of the seat, 
with a new election whenever practicable. Thus we may end the 
disfranchising of honest voters because of the blunders or crimes of 
men over whom they have no control. If the fault be one that can 
be corrected by legislation, the trouble and cost of a new election 
will spur the lawmaking body to action. If the fault be one due 
to low standards of political conduct, the same spur will be felt by 
the constituency responsible. In neither case would betterment of 
conditions be so likely to result from merely transferring the seat 
from one man to another. Thus expediency and equity alike advise 
that in the present instance the seat should be vacated and a new 
election held. 

Robert Luce. 


o 



[ house OF REPRESENTATIVES. I 


CONTESTED-ELECTION CASE, TAGUE -v. FITZGERALD. 


October 18, 1919.—Referred to the House Calendar and ordered to be printed. 


■ ‘j. tc .' . 

Mr. Overstreet, from the,Committee on Elections No. 2, submitted 

the following 

MINORITY VIEWS. 

[To accompany H. Kept. 375.] 

The contestant, Mr. Tague, in our opinion utterly failed to carry 
the burden he assumed in the contest. He failed to prove the alle¬ 
gations made in his case. Mr. Fitzgerald was elected on the face of the 
returns and has a certificate of election from the governor of Massa¬ 
chusetts and the governor’s council And he, of course, is entitled 
to his seat, unless the contestant can show to the contrary. 

When a Member of Congress is charged with the duty of passing 
upon the title of the office of one of his colleagues he assumes a deli¬ 
cate and solemn responsibility. Wholesale charges of fraud, intimi¬ 
dation, bribery, and coercion were made by the conte'stant and his 
counsel, and these charges were in no instance supported by proof. 

The contestant alleged that several hundred ballots were cast for 
him with stickers having his name thereon without a cross opposite 
his name, and contended that if these ballots were counted for him 
there would be more than enough of such ballots to change the result 
of the election. The committee sent for, and had brought before it, 
all of the contested ballots and examined them carefully one by one. 

Every ballot having a sticker with the name of Peter F. Taguo 
without a cross was counted for the contestant, although contrary to 
the law of the State of Massachusetts. Every ballot having the name 
of John F. Tague, William H. Tague, or even Tague written on it 
with pencil or ink and without a cross was counted for the contestant. 
He was given the benefit of every doubt in counting the contested 
ballots. 

Examination with a microscope by experts did not furnish any 
evidence to substantiate the charge that stickers lacking gum were 
distributed. The fact that not a single voter testilied to having re¬ 
ceived a sticker without gum on it made it seem to some of the com¬ 
mittee at any rate extremely improbable that the distribution of 
such stickers was general, if indeed it took place at all. 

If CLriau Dallots that were counted for Mr. Fitzgerald, or thrown 
out by the commissioners and afterward counted for Mr. Tague by 










2 CONTESTED-ELECTION CASE, TAGUE V, FITZGERALD. 

our committee, could have changed the result by electing Mr. Taguc, 
then the committee would be justified by congressional precedent. 
But the most liberal count of the ballots by the committee failed to 
change the result. 

As the case stood after an examination of the ballots after which 
the committee gave Mr. Tague everything he claimed, contestee had 
a plurality of 10 votes, not counting challenged votes or soldiers' 
votes that came in late, which, if counted, would have given contestee 
a plurality of 25. To overcome these 10 votes so that contestant 
could win, it was only necessary to prove 11 cases of illegal regis¬ 
tration. 

If 11 cases or more of illegal registration were shown, and it #as 
also shown that these men had voted for the contestee, or from all 
the circumstances it could be reasonably inferred that they did, 
these votes taken from the contestee would give contestant a plu¬ 
rality. 

If contestant could have proven these illegal registrations, what is 
the necessity of disfranchising hundreds of honest voters? 

The majority committee report states that there are 316 cases of 
illegal registration on prima facie evidence. We deny this, but, if 
that is so, and they could show that more than 11 cast their votes 
for contestee, contestant would be elected, and no honest voter would 
be disfranchised. 

The action of the committee is indefensible for the reason that 
hundreds of honest voters are disfranchised on insufficient evidence 
of illegal registration, whereas if only a few cases were proven con- 
.clusively the same result could be obtained. 

There is not one case of illegal registration conclusively proven. 
There was no proof of one illegal vote cast for Mr. Fitzgerald. There 
has not been a single name stricken from ward 5 voting list on 
Mr. Tague’s charges; in fact, recent information discloses that the 
voting list this year just completed shows 280 more voters registered 
- in ward 5 than a year ago when this election took place. 

The majority of the committee bases its decision on the unsup¬ 
ported testimony of contestant, which was the result of information 
received from canvassers, and clearly inadmissible in any court of 
law, and never before was received before a congressional committee. 

The contestant in his brief practically admitted that he had not 
proved his allegation of illegal registration. He claims, however, 
that because his unsubstantiated allegations were not answered by 
the persons involved he is excused from proving them. This position 
is unsound for the reasons: 

First. The burden of proof is on the contestant. 

Second. There is a presumption that the certified voting lists are 
correct and in compliance with the law. 

Contestant attacks the right of many persons to vote where listed 
and registered in this district, claiming that they have no legal 
domicile there. 

Every man must have a domicile. It is undisputed that he has 
a right to choose his domicile. In the case of men having several 
homes, they have the right to chooes any one of them as their 
domicile. In the case of men moving from place to place, it is 
cleanly their right to choose their domicile, and the question of 
domicile is a question of intent. 



3 


/V\ 

\» 

J 

CONTESTED-ELECTION CASE^ TAGUE V. EITZGERALD. 

V-On pa^e 415, Digest of Election Cases, appears the following on 
the question of residence and domicile: 

^'9 ‘^n^estion has been more discussed and to less purpose than the definitions of 
residence ami “domicile.” No two authors precisely agree in their attemnt to 
clehne them. But all agree upon the universal principle that every man must have 
a domicile. \\e can well understand why a strict rule should apply in the de^ni- 
tion 01 these terms, as has ever been and will be, in regard to domicile where lidits 
or property, the law of descent and disp-ibution, the law of the duty of the citwen 
subject to hp government are involved. We can readily see in regard to 
sunrage why the strictness of the rule should not apply in our government. While 
the extent to which suffrage may be carried is under the control of the law power 
of the several States, conferred by their constitutions. Vet suffrage in some form is 
inlierent in our government and forms its very basis. Without the free and legiti- 
mate exercise of this right we can have no republican government, and all laws- 
passed by the States requiring its exercise in particular localities and requiring a 
resulence are not to abridge the sacred right, but to guard and protect it from abuse 
and violation. 

In the late edition of the American Cyclopedia we find domicile 
denned to be— 

The place where by law a man is deemed to reside. There has been much confusion 
and conflict of opinion as to what shall constitute a man’s domicile, which is not 
imcessarily the same as his residence. The term “residence” has no other meaning 
than acUial residence and engagement in business, which it will be seen does not per 
se constitute a domicile in respect to other legal incidents. 

Bouvier says: 

But it is to be observed that circumstances which ought to be held sufficient to- 
establish a commercial domicile in time of war, and a matrimonial domicile, or forensic 
or political domicile in time of peace, might be such as would establish a principal or 
testamentary domicile, for there is a wide difference in applying the law of domicile 
to contracts and wills. 

(Phill. onDom. 11 Pick., 419; 10 Mass., 488; 4 Wash. C. C. E., 514.) 

There is a vide difference between a man’s residence and his domicile. He may 
have a domicile in Philadelphia, and still he may have a residence in New York. 

fPohts. Ecc. P. 75.) 

We think the point of view herein expressed is one that appeals to 
the common sense of every American citizen and in strict accordance 
with the principles underlying our Government. 

Ward 5 comprises nearly the entire business section of Boston, 
with its great hotels, docks, and wharves, great banks and ware¬ 
houses, the two great railroad terminals of Boston, the- statehouse, 
ipost office, customhouse, city hall, and the county courts. It has a 
liighly diversified population in which are represented all of the 
European countries, as well as the native Yankee. There are many 
small hotels and lodging houses. There are a great many places 
where men only live for a short while, and move from place to place. 
There are many unfortunate men who are compelled by force of 
circumstances to live in these cheap places, but who have the right 
to a domicile and the right to vote. These men can not be disfran¬ 
chised because they happen to live in a different house or on a different 
street at election time than they did at the time they were listed by 
the police. 

In Boston, men, in order to vote at election, must be listed where 
they reside the first week of April. If they are so listed they have the 
right to vote from such residence if qualified and later registered. 
(See sec. 14, chap. 835, acts of 1914.) 

All of the witnesses stated that they were listed and registered in¬ 
ward 5 where they lived and nowhere else. Now, if these men 


4 


CONTESTED-ELECTION CASE;, TAGUE V, FITZGERALD. 


live there intending that it shall be their domicile, they can not be 
listed elsewhere, and without listing they would not be entitled to 
vote elsewhere, and would therefore be disfranchised. 

Here is the law on this matter: 

Sec. 69. In Boston there shall be a listing board composed of the police commis¬ 
sioner of said city and one member of the board of election commissioners. 

Sec. 70. The listing board shall, within the first seven week days of April in each 
year, by itself or by police officers subject to the jurisdiction of the police commis¬ 
sioner, visit ever}'- building in said city, and after diligent inquiry make true lists, 
arranged by streets, wards, and voting precincts, and containing as nearly as the board 
can ascertain, the name, age, occupation, and residence on the first day of April in 
the current year, and the residence on the first day of April in the proceeding year, 
nf every male person twenty years of age or upwards, who is not a pauper in a public 
institution,^ residing in said city. Said board shall designate in such lists all buildings 
used as residences by such male persons in their order on the street where they are 
located, by giving the number or other definite description of every such building so 
that it can be readily identified, and shall place opposite the number or other de¬ 
scription of every such building the name, age, and occupation of every such male 
person residing therein on the first day of April in the current year, and his residence 
on the first day of April in the preceding year. 

The board shall place in the lists made by it, opposite the name of every such male 
person or woman voter, the name of the inmate, owner or occupant of the building, 
or the name and residence of any other person, who gives the information relating to 
such male person or woman voter. 

(Chap. 835. Listing and Registration of Voters in Boston.) 

As shown above in the statute the name of the informant must be 
given to the police, so that this evidence was available to show 
whether or not these men were bona fide residents. 

Under this system in ward five, the police listed over 22,000 male 
persons on the 1st of April, 1918, six months before the election, 
and at a time when Mr. Tague and Mr. Lomasney’s relations were 
most friendly, as shown by Mr. Tague’s letter to Mr. Lomasney, 
which appears in the evidence, under date of March 28, 1918, in 
which he asked him to send him the name of a contractor whom he 
could use to get in on contracts to build some of the cantonments, 
yet but 4,800 of these 22,000 possible voters were registered on 
election day in November. Could any stronger answer be made to 
Mr. Tague’s charge of colonization? 

It is also worthy of note that an examination of the voting lists 
in the three precincts to be thrown out shows that the large majority 
of the voters to be disfranchised were on the voting list aU the time 
that Mr. Tague was in Congress, and were known as his supporters, 
in fact were responsible for his first nomination. This does not look 
like colonization to defeat Mr. Tague. 

In order to decide that there was illegal registration so as to in¬ 
validate any of the contestee/s votes, it must'be shown either that 
the men charged were acting in conjunction with the contestee or 
his friends in fraudulent registration or that the informant or land¬ 
lord were doing the same. This was not shown in any case. 

Haying failed to properly prove this, the contestant, over con- 
testee’s objection, read a prepared list of the names of persons alleged 
to be the same persons registered in ward 5, and alleged to be resi¬ 
dents of other districts in other parts of the city, or in Boston suburbs. 

This evidence was gathered by investigators, whose names the con¬ 
testant would not divulge, and which was not sworn to. He refused 
to allow contestee’s counsel to examine the reports from which he 
was reading. 






COJiTTESTED-ELECTION CASE, TAGUE V, FITZGERALD. 5 

e/iclence comes within the objection of hearsay evi- 

■fl bL 9^ 9 ^ 7 ?’ 1“'^ “iWhjrte V. Harris, Thirty-fifth Congress 
u Liart., 257-267), where a like situation arose, it is there said that— 

?• ‘a intimidated votes consisted of 

liearsav oftp^ canvass the neighborhoods, whose information was 

the nipn’whose lists were not always sworn to by 
the men who made them, the committee was unanimous in disregarding the testimony. 

We especially call attention to the fact that the opinion of this 
'Copinii^ee was unanimous on this question. 

Iq show something of the character of the men who select their 
domicile lor voting purposes m some of the big hotels and clubs in 
ward dve, and whose wives and families live elsewhere, and who 
Will be disfranchised if the action of the majority of the committee 
^ sustained by the House, these names might be mentioned: Mr. 
Uiarles Burrill, treasurer of the Commonwealth of Massachusetts: 
Mr. Allred Mitchell, city auditor of Boston: Mr. Alfred Hemneway, 
leading attorney of Boston, Mass., and partner of the late Gov. 
John D. Hong; Mr. A. C. Ratchesky, leading Boston banker and 
Mate food administrator; Mr. Bernard Rothwell, former president 
■ol the Boston Chamber of Commerce; Mr. John J. McCarthy, presi- 
dent ol the Boston Hotel Men’s Association, and numerous others, 
who have suburban homes, but becausd^ of their interest in Boston 
civic welfare and other reasons choose to select their domicile in the 
city. Of course, these men are no better than the men who live in 
the lodging houses, but the fact that they are all men of the best 
character emphasizes the point of view which men of the highest 
standing m Massachusetts have on the question of domicile. 

As an indication of the manner in which Mr. Tague’s forces issued 
the summonses, the evidence shows that 90 subpoenas were given to 
one of the assistant marshals at 11.30 on the last day that sum¬ 
monses could he legally served, and these summonses were not 
.accompanied by fees. Although Mr. Tague’s hearings lasted 40 
days no attempt was made to bring in witnesses until the last two 
or three days, and when many of those wanted failed to appear 
because of improper summons, sickness, and absence from the city, 
these wholesale charges of illegal registration were made. The only 
evidence the committee has in regard to the so-called illegal regis¬ 
tration is the unsupported statement of Mr. Tague on the witness 
stand before his own notary in which he gave testimony gathered 
according to his own admission by various investigators of his own 
choosing, of illegal registration of from four to five hundred men. 

The majority report would seem to indicate that the contestee 
should have proven that he was elected. 

It says that he could have easily brought hundreds of men in to 
show that they voted for him. 

It is a new doctrine that the burden of the proof is on the contestee. 
The burden is absolutely on the cojjtestant, and it does not shift. 
There was no responsibility on contestee to bring any of these men 
to the hearing. If contestant could not prove his case, there was 
no obligation, legal or moral, on part of contestee to help him, and it 
should not be lost sight of that Mr. Tague has never appealed to the 
election officials or courts of Massachusetts for redress, contenting 
himself from the start with the statement that he would fight his 
-case out on the floor of Congress. It is unbelievable that a State like 


6 


V/ 


CONTESTED-ELECTIOX CASE^ TAGITE V. FITZGERALD. 

Massachusetts would permit such practices as Mr. Tague alleges 
without proper means of redress. 

Upon such flimsy evidence as this Mr. Tague’s whole case rests. 
He has not proved a single one of the charges made by him or made 
in the brief and argument of his counsel. Both of them charged 
the various election officials in Massachusetts who had anything 
to do with the case with crookedness and wrongdoing, to Mr. Tague’s 
disadvantage, yet every member of the committee is satisfied that 
these officials acted fairly and conscientiously in the performance 
of their duties. The committee was told by Mr. Tague and his 
counsel that hundreds of ballots would be found upon which a 
spurious sticker had been placed, yet not one was found. No effort 
has been made by him as far as the official records show to purge 
the ward 5 voting lists of any one of these so-called illegal voters. 

Instead, ^Ir. Tague himself, according to the uncontradicted testi¬ 
mony at the hearings of this case, stands convicted of using his own 
home and his mother’s home for what he terms fraudulent registra¬ 
tion. 

On page 642 is the testimony of Patrick F. Goggin, a captain in the 
Boston fire department, who admitted under oath that he registered 
from Mr. Tague’s own horpe, 21 Monument Square, Charlestown, 
Mass., for voting purposes, while his wife and four children were 
living in Somerville since 1914. 

On page 647 of the evidence is the statement of Martin Turnbull,, 
cousin of Mr. Tague, who admitted that he registered from Mrs. 
Tague’s home (Mr. Tague’s mother) on Corey Street, Charlestown, ; 
Mass., while his wife and little girl lived in Somerville. i 

On page 568, his counsel, Mr. Joseph P. O’Connell, admitted that 
he lived in Brookline, which was his address in the directory at the I 
time he was elected from Boston to the constitutional convention i 
two years ago. 

Yet these are the men who want this Congress to disfranchise more 
than 1,000 American citizens for the very thing they were doing ' 
themselves in order to give Mr. Tague the seat in Congress now held 
by Mr. Fitzgerald. 

Mr. Tague was twice elected under the same conditions he now 
condemns. Even in this contest he sought the support of the political 
organization which he now charges with colonization, and only when 
he was refused support did he begin to complain. In our judgment 
he is by his conduct estopped. 

In conclusion, we submit that the whole case of the contestant 
rests on allegations and assertions with no substantial proof and that 
the misstatements made by him in connection with the ballots 
justifies us in rejecting his uncorroborated testimony about illegal j 
registration. 

We therefore submit for the action of the House the following reso- ^ 
lution in lieu of the resolution%offered by the majoritv of the com¬ 
mittee: 

Resolved, That John F. Fitzgerald was duly elected a Member of 
the House of Representatives from the tenth congressional district f I 
of the State of Massachusetts in this Congress, and is entitled to a ; 
seat therein. 

J. W. Overstreet. 

J. B. Johnston. r 


o 




. 66th congress, 
IsT Session, i^i ti 


H. RES. 356. 



IN THE HOUSE OF EEPIIESENTAFIVES. 

October 28. 1919. 

Mr. (toodaue submitted the following resolution: which was agreed to. 


RESOLUTION. 

1 iiVHolced, That John F. Fitzo-erahl wasj not elected a 

2 31 ember of the House of Kepresentatives fromfthe tenth con- 
J o-ressional district of the Htate of 3Iassachiis(dts in this Con- 

4 g-j-ess and is not entitled to retain a seat herein. 

5 2. That Peter F. Tagiie was duly elected a 31 ember of 
() the House of Representatives from the tentlr congressional 
7 district of the State of 3Iassa(‘husetts in this (Jongress and is 

entitled to a seat hei’ein. 


8 





I 




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i 

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RESOLUTION 

Doclarino- Petx^r F. Ta^ue a duly elected Kc^p- 
resentative troiii tlie tenth coiiiji'essional 
district of Massachusetts. 




























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